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Act and applicable Federal regulations. relations, Ozone, Nitrogen dioxides, submit information directly to the 42 U.S.C. 7410(k); 40 CFR 52.02(a). Reporting and recordkeeping Ventura Fish and Wildlife Office (see Thus, in reviewing SIP submissions, requirements, Volatile organic FOR FURTHER INFORMATION CONTACT EPA’s role is to approve State choices, compounds. section below). Please note that we may provided that they meet the criteria of not be able to address or incorporate 40 CFR Part 81 the Clean Air Act. Accordingly, these information that we receive after the actions merely do not impose additional Environmental protection, Air date noted above. requirements beyond those imposed by pollution control. ADDRESSES: You may submit State law and the Clean Air Act. For that Authority: 42 U.S.C. 7401 et seq. information by one of the following reason, these actions: Dated: April 14, 2010. methods: • Are not ‘‘significant regulatory • Walter W. Kovalick Jr., Federal eRulemaking Portal: http:// actions’’ subject to review by the Office www.regulations.gov. Search for docket Acting Regional Administrator, Region 5. of Management and Budget under FWS-R8-ES-2010-0006 and then follow Executive Order 12866 (58 FR 51735, [FR Doc. 2010–9753 Filed 4–26–10; 8:45 am] the instructions for submitting October 4, 1993); BILLING CODE 6560–50–P comments. • Do not impose an information • U.S. mail or hand-delivery: Public collection burden under the provisions Comments Processing, Attn: FWS-R8- of the Paperwork Reduction Act (44 DEPARTMENT OF THE INTERIOR ES-2010-0006; Division of Policy and U.S.C. 3501 et seq.); Directives Management; U.S. Fish and Fish and Wildlife Service • Are certified as not having a Wildlife Service; 4401 N. Fairfax Drive, significant economic impact on a Suite 222; Arlington, VA 22203. 50 CFR Part 17 substantial number of small entities We will post all information received under the Regulatory Flexibility Act [FWS-R8-ES-2010-0006] on http://www.regulations.gov. This (5 U.S.C. 601 et seq.); [MO 92210-0-0008 B2] generally means that we will post any • Do not contain any unfunded personal information you provide us mandate or significantly or uniquely Endangered and Threatened Wildlife (see the Information Solicited section affect small governments, as described and Plants; 90–day Finding on a below for more information). Petition to List the Mohave Ground in the Unfunded Mandates Reform Act FOR FURTHER INFORMATION CONTACT: as Endangered with Critical of 1995 (Pub. L. 104–4); Michael McCrary, Listing and Recovery • Habitat Do not have Federalism Coordinator, Ventura Fish and Wildlife implications as specified in Executive AGENCY: Fish and Wildlife Service, Office, 2593 Portola Road, Suite B, Order 13132 (64 FR 43255, August 10, Interior. Ventura, CA 93003; telephone (805) 1999); ACTION: 644-1766; facsimile (805) 644-3958. If • Are not an economically significant Notice of 90–day petition finding and initiation of status review. you use a telecommunications device regulatory action based on health or for the deaf (TDD), call the Federal safety risks subject to Executive Order SUMMARY: We, the U.S. Fish and Information Relay Service (FIRS) at 13045 (62 FR 19885, April 23, 1997); Wildlife Service (Service), announce a (800) 877-8339. • Is not a significant regulatory action 90–day finding on a petition to list the SUPPLEMENTARY INFORMATION: subject to Executive Order 13211 (66 FR Mohave 28355, May 22, 2001); ( mohavensis) as an Information Solicited • Are not subject to requirements of endangered species under the When we make a finding that a section 12(d) of the National Endangered Species Act of 1973, as petition presents substantial Technology Transfer and Advancement amended (Act). Based on our review, we information indicating that listing a Act of 1995 (15 U.S.C. 272 note) because find that the petition presents species may be warranted, we are application of those requirements would substantial scientific or commercial required to promptly review the status be inconsistent with the Clean Air Act; information indicating that listing the of the species (status review). For the and Mohave ground squirrel may be status review to be complete and based • Do not provide EPA with the warranted. Therefore, with the on the best available scientific and discretionary authority to address, as publication of this notice, we are commercial information, we request appropriate, disproportionate human initiating a status review of the species information on the Mohave ground health or environmental effects, using to determine if listing the species is squirrel from government agencies, practicable and legally permissible warranted. To ensure that this status Native American Tribes, the scientific methods, under Executive Order 12898 review is comprehensive, we are community, industry, and any other (59 FR 7629, February 16, 1994). requesting scientific and commercial interested parties. We seek information In addition, this rule does not have data and other information regarding on: Tribal implications as specified by this species. Based on the status review, (1) The species’ biology, range, and Executive Order 13175 (65 FR 67249, we will issue a 12–month finding on the population trends, including: November 9, 2000), because the SIP is petition, which will address whether (a) Habitat requirements for feeding, not approved to apply in Indian country the petitioned action is warranted, as breeding, and sheltering; located in the State, and EPA notes that provided in section 4(b)(3)(B) of the Act. (b) Genetics and ; it will not impose substantial direct We will make a determination on (c) Historical and current range, costs on Tribal governments or preempt critical habitat for this species, which including distribution patterns; Tribal law. was also requested in the petition, if and (d) Historical and current population List of Subjects when we initiate a listing action. levels, and current and projected trends; DATES: To allow us adequate time to and 40 CFR Part 52 conduct this review, we request that we (e) Past and ongoing conservation Environmental protection, Air receive information on or before June measures for the species, its habitat, or pollution control, Intergovernmental 28, 2010. After this date, you must both.

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(2) Historical and current survey (b) The historical values of the habitat identifying information, you may information on the Mohave ground to the species; request at the top of your document that squirrel, including survey methods and (c) The frequency of use of the habitat; we withhold this personal identifying design, time of year, weather and information from public view. However, information, time of day, site selection (d) The uniqueness or importance of we cannot guarantee that we will be method, and descriptions of physical the habitat for other reasons, such as able to do so. We will post all hardcopy characteristics of landscapes, soil, and breeding, feeding, seasonal movements, submissions on http:// vegetation. wintering, or suitability for population www.regulations.gov. (3) The factors that are the basis for expansion, or for genetic diversity. Information and supporting making a listing determination for a Please include sufficient information documentation that we received and species under section 4(a) of the Act (16 with your submission (such as full used in preparing this finding, will be U.S.C. 1531 et seq.), which are: references) to allow us to verify any available for public inspection at http:// (a) The present or threatened scientific or commercial information www.regulations.gov, or by destruction, modification, or you include. appointment, during normal business curtailment of the species’ habitat or If, after the status review, we hours, at the U.S. Fish and Wildlife range; determine that listing the Mohave Service, Ventura Fish and Wildlife (b) Overutilization for commercial, ground squirrel is warranted, we will Office (see FOR FURTHER INFORMATION recreational, scientific, or educational propose critical habitat (see definition CONTACT). in section 3(5)(A) of the Act), in purposes; Background (c) Disease or predation; accordance with section 4 of the Act, to (d) The inadequacy of existing the maximum extent prudent and Section 4(b)(3)(A) of the Act requires regulatory mechanisms; or determinable at the time we propose to that we make a finding on whether a (e) Other natural or manmade factors list the species. Therefore, within the petition to list, delist, or reclassify a affecting its continued existence. geographical range currently occupied species presents substantial scientific or (4) Information on management by the Mohave ground squirrel, we commercial information indicating that programs for the conservation of the request data and information on: the petitioned action may be warranted. Mohave ground squirrel. (1) What may constitute ‘‘physical or We are to base this finding on (5) Information on current or expected biological features essential to the information provided in the petition, future development within the range of conservation of the species’’; supporting information submitted with the Mohave ground squirrel, including (2) Where these features are currently the petition, and information otherwise but not limited to: the extent or found; and available in our files. To the maximum magnitude of habitat loss, degradation, (3) Whether any of these features may extent practicable, we are to make this or fragmentation from development for require special management finding within 90 days of our receipt of energy, transportation, agriculture, considerations or protection, including the petition and publish our notice of military training; land management managing for the potential effects of this finding promptly in the Federal prescriptions; or recreation, and how climate change. Register. they may affect the conservation of the In addition, we request data and Our standard for substantial scientific Mohave ground squirrel. information on ‘‘specific areas outside or commercial information within the (6) Information on the population the geographical area occupied by the Code of Federal Regulations (CFR) with status of predators of the Mohave species’’ that are ‘‘essential for the regard to a 90–day petition finding is ground squirrel, including information conservation of the species.’’ Please ‘‘that amount of information that would on the occurrence and extent/severity of provide specific comments and lead a reasonable person to believe that predation by coyotes, house cats, information as to what, if any, critical the measure proposed in the petition common ravens, domestic dogs, and habitat you think we should propose for may be warranted’’ (50 CFR 424.14(b)). feral dogs on the Mohave ground designation if the species is proposed If we find that substantial scientific or squirrel, and the effect of this predation for listing, and why such habitat meets commercial information was presented, on the Mohave ground squirrel’s long- the definition of critical habitat in we are required to promptly commence term survival. section 3 of the Act and the a review of the status of the species, (7) Information on morphological, requirements of section 4 of the Act. which is subsequently summarized in behavioral, genetic, or ecological Submissions merely stating support our 12–month finding. variability in the Mohave ground for or opposition to the action under Petition History squirrel, and any change in that consideration without providing variability. supporting information, although noted, On September 5, 2005, we received a (8) Information on environmental will not be considered in making a petition, dated August 30, 2005, from change within the range of the Mohave determination. Section 4(b)(1)(A) of the Defenders of Wildlife and Dr. Glenn R. ground squirrel. Act directs that determinations as to Stewart to list the Mohave ground (9) Information on the importance of whether any species is an endangered or squirrel as endangered, and to designate certain areas or populations to the long- must be made ‘‘solely critical habitat concurrently with the term conservation of the Mohave ground on the basis of the best scientific and listing. The petition identified the squirrel that may help us identify commercial data available.’’ scientific name for Mohave ground potentially significant portions of the You may submit your information squirrel as mohavensis; species’ range. This may include concerning this finding by one of the however, the name was changed in 2009 information that demonstrates the methods listed in the ADDRESSES to Xerospermophilus mohavensis following factors are important to a section. If you submit information via (Helgen et al. 2009, p. 273), and we refer portion of the Mohave ground squirrel’s http://www.regulations.gov, your entire to it in this petition finding by its range: submission—including any personal current name. The petition clearly (a) The quality, quantity, and identifying information—will be posted identified itself as such and included distribution of habitat relative to the on the website. If you submit a the requisite identification information biological requirements of the species; hardcopy that includes personal for the petitioners, as required in 50

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CFR 424.14(a). The petition contained and the tail are white (Ingles 1965, p. Mountains. The southeastern edge of the detailed information on the natural 171). The skin is darkly pigmented and historical range is bordered by the history and biology of the Mohave dorsal hair tips are multi-banded. Mojave River with the exception of one ground squirrel, and the current status The closest relative of the Mohave locality east of the Mojave River in the and distribution of the species. It also ground squirrel is the round-tailed Lucerne Valley. The historical range of contained information on what the ground squirrel (Xerospermophilus the Mohave ground squirrel is assumed petitioners reported as potential threats tereticaudus). It has a contiguous, but to have included that area of the to the species. In a March 28, 2006, not overlapping, geographic range with Antelope Valley west of the letter to the petitioners, we informed the Mohave ground squirrel. communities of Palmdale, Lancaster, them that we would not be able to Mating and Reproduction Rosamond, and Mojave, although there address their petition at that time are no records of the species being because further action on the petition The Mohave ground squirrel mating sighted or captured there. season occurs from mid-February to was precluded by court orders and The current range of the Mohave mid-March (Harris and Leitner 2004, p. settlement agreements for other listing ground squirrel is similar to the 1). Recht (c.f. Gustafson 1993, p. 83) actions that required us to use nearly all historical range, except it excludes the reported that male Mohave ground of our listing funds for fiscal year 2006. western portion of the Antelope Valley are territorial during the We also stated our initial review of the in Los Angeles and Kern Counties and mating season. Females may enter male petition did not indicate that an possibly some of the area from Mohave ground squirrel territory and emergency situation existed and that Victorville to the south and southeast to remain for 1 or 2 days. After copulation, emergency listing was not necessary. Lucerne Valley in San Bernardino the females establish their own home County. Urban and agricultural Previous Federal Actions ranges. John Harris (personal development in these areas has resulted On December 13, 1993, the Service communication, Mills College, Oakland, in the loss or modification of Mohave received a petition dated December 6, CA, as cited in the petition, p. 14) ground squirrel habitat. The Mohave 1993, from Dr. Glenn R. Stewart of observed male Mohave ground squirrels ground squirrel has the smallest range of California Polytechnic State University, staking out the overwintering sites of any ground squirrel species in the Pomona, California, requesting the females to mate with them when they United States. Gustafson (1993, p. 8) Service to list the Mohave ground emerged. states the geographic range of the squirrel as a threatened species. At that Gestation is about 30 days with litter time, the species was a category 2 size ranging from four to nine (Best Mohave ground squirrel encompasses candidate (November 15, 1994; 59 FR 1995, p. 3). Parental care continues approximately 1,968,000 hectares (ha) 58988), and was first included in this through mid-May, with juvenile Mohave (4,863,000 acres (ac)). category on September 18, 1985. ground squirrels emerging above ground Activity Patterns, Movements, and Category 2 included taxa for which between 10 days to 2 weeks later Home Range information in the Service’s possession (Gustafson 1993, p. 84). Mortality for indicated that listing the species as juveniles is high during the first year The active season for the Mohave endangered or threatened was possibly with more male Mohave ground ground squirrel is short, generally from appropriate, but for which sufficient squirrels lost than females. Female early March to August (Bartholomew data on biological vulnerability and Mohave ground squirrels can breed at 1 and Hudson 1960, p. 194), but may threats were not available to support a year of age if environmental conditions begin as early as mid-January to late proposed listing rule. On September 7, are favorable (Leitner and Leitner 1998, February. Initiation depends on 1995, we published our 90–day petition p. 28). temperature and elevation (Gustafson finding, which determined that the 1993 The reproductive success of the 1993, p. 19). During this time, Mohave petition did not present substantial Mohave ground squirrel is dependent ground squirrels must mate, gather information indicating that the on the amount of fall and winter enough nutrition to produce and sustain petitioned action may be warranted (60 precipitation. Leitner and Leitner (1998, a litter, and ensure nutritional reserves FR 46569). p. 20) found a positive correlation to last during the inactive season. between fall and winter rainfall and During the inactive season, Mohave Species Information recruitment of juvenile squirrels the ground squirrels exist in their burrows The Mohave ground squirrel following year. In a low rainfall year, in a state of torpor (a state of reduced (Xerospermophilus mohavensis) is a Mohave ground squirrels may forego physiological activity or sluggishness) to distinct, full species with no recognized breeding, or the low availability of food conserve their reserves of energy and subspecies. The petitioners presented due to low rainfall may cause water. sufficient, reliable information related to reproductive failure (Leitner and Leitner The length of the active season varies the taxonomic status of the Mohave 1998, p. 29). by sex, age, and availability of food ground squirrel. It was discovered in resources. In dry years, which are often 1886 by F. Stephens and described as a Range and Distribution non-reproductive years, Mohave ground distinct monotypic species by Merriam The presumed historical range of the squirrels may enter their state of torpor (1889, p. 15). The type locality is near Mohave ground squirrel, which is based as early as spring (Leitner et al. 1995, p. Rabbit Springs in the Lucerne Valley, on the current range and historical 83). The active season for an adult is San Bernardino County, California. locations of suitable habitat, is the shorter than for a juvenile as adults do The Mohave ground squirrel is a northwest portion of the Mojave Desert not need to acquire as much energy for medium-sized squirrel. Total length is in parts of Inyo, Kern, Los Angeles, and the inactive season as juveniles do. The approximately 23 centimeters (cm) (9 San Bernardino Counties, California. active season for an adult female is inches (in)) with a tail length of 6.4 cm This area is bounded on the south and generally longer than for a male because (2.5 in). The upper body is grayish west by the San Gabriel, Tehachapi, and females need to acquire additional brown, pinkish gray, cinnamon gray, Sierra Nevada ranges, and on the energy for litter production and and pinkish cinnamon without stripes northeast by the Owens Lake and Coso, lactation (Leitner et al. 1997, pp. 114- or flecking. The underparts of the body Slate, Quail, Granite, and Avawatz 115).

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Mohave ground squirrels are diurnal; captured during the first survey period in exploiting high-quality food they spend much of the day above was more than twice that of the second resources. ground (Recht 1977, p. 56). As (Leitner 2005, p. 3). Predation and Mortality temperatures increase into the spring Brooks and Matchett (2002) analyzed and early summer, Mohave ground the data from all known Mohave ground There is little documentation on the squirrels will spend more time in the squirrel studies. Forty-nine percent of natural predators of the Mohave ground shade of shrubs or briefly use their the sites were identified from observing squirrel. There is circumstantial burrows. Burrows are usually located or trapping only one . evidence of predation by coyotes (Canis beneath large shrubs. Mohave ground latrans), prairie falcons (Falco squirrels may use several burrows at Habitat and Life History Requirements mexicanus), and common ravens night throughout a season; they also use The habitat requirements of the (Corvus corax) (Leitner et al. 1997, p. other burrows for predator avoidance Mohave ground squirrel are varied. The 49; J. Harris, personal communication, and temperature regulation. The burrow species has been found in a variety of as cited in the petition, p. 15). There used for the inactive season is dug vegetative communities including may be other natural predators of the specifically for that period (Recht 1977, Mojave Creosote Scrub, Desert Saltbush Mohave ground squirrel. p. 9). Scrub, Desert Sink Scrub, Desert Mortality is high for the Mohave Mohave ground squirrels exhibit a Greasewood Scrub, Shadscale Scrub, ground squirrel during the first year and behavior called natal dispersal. Upon and Joshua Tree (Yucca brevifolia) appears to be skewed toward males dispersing from the burrow where they Woodland (Gustafson 1993, pp. ix, 81). (Brylski et al. 1994, p. 64; Leitner and were born, some males will move and Creosote Bush Scrub is the vegetation Leitner 1998, p. 28). Mortality may also take up residence at least 1,009 meters community in which the Mohave be caused by extended periods of low (m) (3,280 feet (ft)) from the natal ground squirrel is most often found. amounts of fall and winter rainfall, burrow while females move a shorter Mohave ground squirrels usually which results in reduced availability of distance of 200 to 300 m (650 to 980 ft) inhabit flat to moderately sloping forage and water, and can increase from their natal burrows (Leitner and terrain. They prefer deep rather than vulnerability to disease. Leitner 1998, p. 34; Harris and Leitner shallow soils and gravelly soils rather Evaluation of Information for This 2005, p. 191). than sandy soils (Aardahl and Roush The home range of the Mohave Finding 1985, p. 23). Soil characteristics are ground squirrel varies among years and important as the Mohave ground Section 4 of the Act (16 U.S.C. 1533), between sexes during the mating season. squirrel constructs burrows for and implementing regulations at 50 CFR The mean home range is 0.74 ha (1.83 temperature regulation, predator 424, set forth the procedures for adding ac) for mating females and 6.73 ha species to, or removing a species from, (16.63 ac) for males. Outside the avoidance, and inactive season use. The food habits of the Mohave ground the Federal Lists of Endangered and breeding season, the mean home range Threatened Wildlife and Plants. A size is 1.20 ha (2.96 ac) for females and squirrel are diverse. Recht (1977, p. 80) called the Mohave ground squirrel a species may be determined to be an 1.24 ha (3.06 ac) for males (Harris and endangered or threatened species due to Leitner 2004, pp. 520-521). facultative specialist; its foraging strategy falls between that of a specialist one or more of the five factors described Population Demographics and a generalist. The Mohave ground in section 4(a)(1) of the Act: (A) The present or threatened destruction, The behavioral characteristics of the squirrel specializes in foraging on modification, or curtailment of its Mohave ground squirrel, as discussed certain plant species over short periods habitat or range; (B) overutilization for above, make it difficult to determine or of time. As the availability of forage commercial, recreational, scientific, or estimate population status and trends species changes throughout the active educational purposes; (C) disease or because the species spends much of the season, the Mohave ground squirrel predation; (D) the inadequacy of year underground and populations adapts its foraging strategy to maximize existing regulatory mechanisms; or (E) appear to be sensitive to both seasonal energy intake in a changing other natural or manmade factors and annual rainfall patterns. That is, in environment. Observations and fecal affecting its continued existence. dry years or dry fall seasons, analysis indicate that Mohave ground In making this 90–day finding, we reproduction during the following squirrels consume a variety of annual evaluated whether information on spring season may be unsuccessful and and perennial plants and arthropods threats to the Mohave ground squirrel, population size may contract (Leitner (Leitner and Leitner 1992, p. 12; as presented in the petition and other and Leitner 1998, pp. 29-31). Gustafson 1993, pp. 77-83). At one Survey results suggest that the study site, the leaves of three shrub information available in our files, is Mohave ground squirrel has a patchy species made up 60 percent of the substantial, thereby indicating that the distribution throughout its range (Hoyt Mohave ground squirrel diet based on petitioned action may be warranted. Our 1972, p. 7; Gustafson 1993, p. viii). Most fecal analysis (Leitner and Leitner 1998, evaluation of this information is reported information describes the p. 34). In a study by Leitner and Leitner presented below. number of trapped or number (1992) in the northern part of its range, A. The Present or Threatened trapped as compared to the trapping the Mohave ground squirrel was found Destruction, Modification, or effort. We are aware of only one location to consume leaves of annual and Curtailment of the Species’ Habitat or where information on population trend perennial plants, their fruits and seeds, Range was available (Leitner 2005, p. 3). In the fungi, and butterfly larvae. Mohave northwest portion of the range of the ground squirrels appear to exploit food Evaluation of Information Provided in Mohave ground squirrel, trapping sources that are available on an the Petition and Available in Service results are available for the Coso Range intermittent basis. They may also select Files within China Lake Naval Air Weapons particular food items over others The petitioners presented information Station (NAWS). The surveys span 1992 because of higher water content. Leitner regarding threats to the Mohave ground to 1996 and 2001 to 2005. The total and Leitner (1992, p. 25) concluded that squirrel from reduced range and habitat number of Mohave ground squirrels the Mohave ground squirrel is flexible destruction, including: urban and rural

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development on private and public by the petitioners as locations where squirrel.’’ Twenty-one of 22 study sites lands; agricultural development; Mohave ground squirrels have been surveyed were grazed by sheep or cattle military activities; livestock grazing; reliably captured over time, or where in varying degrees; the study site with transportation; energy development; and there are thriving populations. The the highest total adjusted captures of that the cumulative impacts of drought, petitioners stated that activities that Mohave ground squirrels showed habitat destruction, habitat result in the loss of habitat in these considerable signs of grazing (Aardahl fragmentation, and decrease in ‘‘core areas’’ or prevent dispersal among and Roush 1985, p. 23). The petitioners precipitation with climate change pose these ‘‘core areas’’ will impede and did not provide information, and we a threat greater than the drought eventually prohibit conservation of the have no information in our files, on the episodes to which the Mohave ground Mohave ground squirrel. extent or magnitude of the impacts of squirrel is adapted. Public land managed by the livestock grazing on the Mohave ground The range of the Mohave ground Department of Defense accounts for squirrel. squirrel is the smallest of all ground about 34.5 percent of the species’ squirrels in the United States. Based on current range. The petitioners stated Transportation information provided by the petitioners, that current military training at Fort The petitioners identified the the Mohave ground squirrel appears to Irwin threatens Mohave ground extensive network of highways and have been nearly extirpated from the squirrels by crushing animals, roads in the range of the Mohave ground southern portion of its range, which compacting and otherwise disturbing squirrel as a threat. The petitioners represents approximately 20 percent of soils, collapsing burrows, destroying claim impacts from highway and road its range (Leitner as cited in the petition, shrubs used for cover, and reducing establishment and vehicle use include p. 8). This assertion is based on the spring annual plants used by Mohave habitat loss, fragmentation, and results of surveys conducted for the ground squirrels for forage (Bury et al. degradation, and direct mortality from Mohave ground squirrel from 2002 to 1977, pp. 16, 18). According to the vehicle strikes (Gustafson 1993, pp. 23, 2004 (Leitner 2004 as cited in the petitioners, Fort Irwin’s training 26; BLM 2003, p. 30; Leitner as cited in petition, p. 17). The portion of the currently affects 7.4 percent of the range the petition, p. 22). The petitioners recently reduced range includes an area of the Mohave ground squirrel, and the stated that there is evidence of surface south of State Highway 58 in the proposed expansion of Fort Irwin will disturbance to roadsides up to 400 m Palmdale-Lancaster area and the affect additional lands within the range (1,312 ft) away from the road, and that Victorville to Lucerne Valley area. of the Mohave ground squirrel and will 37 percent of transects conducted by the fragment one of the four Mohave ground BLM in the West Mojave Desert were Private Lands squirrel ‘‘core areas’’ as identified by the bisected by roads. The petitioners On private lands, which comprise petitioners. calculated that the total area of the about 31 percent of the current range of Additionally, 2.7 percent of the network of roads and highways affected the Mohave ground squirrel, the current range of the Mohave ground 65,964 ha (163,000 ac) or 3.3 percent of petitioners claim 2.8 percent of the squirrel occurs on other public the range of the Mohave ground range of the Mohave ground squirrel has ‘protected lands’ (see petition, p. 40) squirrel. The petitioners provided been lost to urban and rural including; federally designated additional information that impacts development and approximately 2 wilderness areas, State park land, from roads on the desert tortoise have percent (37,000 ha (92,000 ac)) to California Department of Fish and Game been documented more than 3,962 m agricultural fields. The information on land, and the Desert Tortoise Natural (13,000 ft) from the highest level traffic impacts to the Mohave ground squirrel Area. road (Hoff and Marlow 2002, p. 454) from agricultural development was and that similar impacts likely occur to Livestock Grazing derived from Hoyt (1972, p. 8), Aardahl the Mohave ground squirrel. and Roush (1985, p. 2), and Gustafson The petitioners stated that livestock We do not agree that impacts to the (1993, pp. 23-24). The petitioners also grazing has the potential to degrade desert tortoise from roads that have been stated that they have no updated data to Mohave ground squirrel habitat through measured more than 3,962 m (13,000 ft) quantify the extent or intensity of this changes in soil structure, including from the highest traffic roads are the threat. We have no information in our accelerated erosion and collapsing same as those to the Mohave ground files to dispute the figures presented by burrows, changes in vegetative squirrel. The Hoff and Marlow study the petitioners; however, we currently structure, reduced availability of native (2002, p. 454) reported on the do not have information to determine forage species (Laabs 2002, p. 5; abundance of desert tortoise sign at whether a 2.8 percent loss to urban and Campbell 1988, pp. 569, 574), and direct intervals from roads. This study was rural development and a 2 percent loss competition with Mohave ground specific to the desert tortoise. It did not to agricultural development is squirrels for limited quality and examine the effects of roads on the biologically significant to the Mohave quantity of forage (Leitner and Leitner Mohave ground squirrel. Therefore, any ground squirrel. 1998; pp. 29, A6, A7, A15, and A23). application of the results from this According to the petitioners’ GIS research to the Mohave ground squirrel Public Lands analysis, 27 percent of the range of the is inferred and is not supported by the Public lands managed by the Bureau Mohave ground squirrel has been data. However, we agree with the of Land Management (BLM) account for impacted by livestock grazing. petitioners that roads and highways about 31.8 percent of the species’ range. Aardahl and Roush (1985, p. 23), as result in direct mortality to Mohave The petitioners stated that BLM’s land cited in the petition, stated that ‘‘land grounds squirrels from vehicle management plan for the West Mojave uses which affect the availability of collisions and habitat loss and Desert (West Mojave Plan) would allow forbs and grasses have the potential to degradation. new development throughout much of influence the long-term population of the range of the Mohave ground squirrel the Mohave ground squirrel,’’ but this Energy Development and would not protect the four Mohave does not ‘‘mean that properly managed According to the petitioners, ground squirrel ‘‘core areas’’ (see livestock grazing will cause a significant geothermal exploration and petition, p. 17). ‘‘Core areas’’ are defined negative impact on the Mohave ground development and the construction of

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solar energy plants in the range of the range and habitat destruction, commercial, recreational, scientific, or Mohave ground squirrel have caused, including: urban and rural development educational purposes. Additionally, we and will likely cause, adverse impacts to on private and public lands; agricultural do not have substantial information in the Mohave ground squirrel and loss or development; military activities; our files to suggest that overutilization degradation of habitat (Leitner and livestock grazing; transportation; and for commercial, recreational, scientific, Leitner 1989, p. 2). The petitioners did energy development. We found the or educational purposes may threaten not quantify the amount of habitat petition and information in our files the Mohave ground squirrel. However, affected. We acknowledge that energy presents substantial information that we will evaluate all factors, including development for geothermal and solar these activities may have contributed to threats from overutilization for energy has occurred within the range of a recent range contraction in the commercial, recreational, scientific, or the Mohave ground squirrel and that southern portion of the Mohave ground educational purposes, when we conduct this development can result in the squirrel’s range, and may threaten the our status review. degradation or loss of habitat used by Mohave ground squirrel across its the Mohave ground squirrel. The current range by removing shrubs C. Disease or Predation petitioners do not provide information, needed for cover and forage, disturbing Evaluation of Information Provided in and we do not have information in our soil, or removing or degrading other the Petition and Available in Service files, on the extent of this loss or habitat features necessary for Mohave Files degradation and how it will affect the ground squirrel life history The petitioners did not provide conservation of the Mohave ground requirements. Additionally, one or more information or list any threat to the squirrel. of these activities may threaten what the petitioners identify as ‘‘core areas’’ for Mohave ground squirrel from disease, Cumulative Impacts of Habitat the Mohave ground squirrel by and we do not have information in our Destruction, Fragmentation, and removing habitat, fragmenting the files regarding potential threats to this Decreased Precipitation habitat, and preventing dispersal among species due to disease. The petitioners provided information the ‘‘core areas.’’ However, we The petitioners stated that there is that indicates the reproduction and determined the petition does not little documentation of the Mohave survival of the Mohave ground squirrel present substantial information ground squirrel’s natural predators, but is ultimately linked to rainfall (Harris indicating that climate change may be a claimed that predation by coyotes, and Leitner 2004, pp. 517, 518). Mohave threat to the species. Additionally, common ravens, house cats, domestic ground squirrels may fail to persist in information on the subject of climate dogs, and feral dogs is a concern. certain areas during drought episodes change in our files is not specific to the Although the petitioners stated that cats (Leitner and Leitner 1998, p. 31). The Mohave ground squirrel. We will prey on small and dogs dig up petitioners assert the cumulative evaluate the effects of climate change, burrows, they did not present impacts of habitat destruction, habitat including reduced precipitation and any any information on the level of fragmentation, and overall decrease in cumulative effects of habitat mortality or population impacts from precipitation due to climate change are fragmentation or loss on the Mohave predation for Mohave ground squirrels, a greater threat to the Mohave ground ground squirrel, when we conduct our any other ground squirrel species, or squirrel than the periods of low rainfall status review. any small species. The and drought episodes with which the On the basis of our evaluation of the petitioners noted that the numbers of Mohave ground squirrel evolved. information in the petition and common ravens and coyotes, known Based on information from the information in our files, we determined predators of the Mohave ground Intergovernmental Panel on Climate that the petition presents substantial squirrel, have increased, posing an Change (Watson et al. 2002, pp. 8, 9), we information indicating that listing the increased predation risk to Mohave acknowledge temperatures in southern Mohave ground squirrel as endangered ground squirrel populations. However, California are likely to increase and may be warranted due to destruction, there is no information provided that precipitation is likely to decrease in the modification, or curtailment of the the numbers of cats, dogs, common future. With hotter, drier conditions and species’ habitat or range. ravens, or coyotes have increased in the more extreme weather patterns in range of the Mohave ground squirrel, southern California than those with B. Overutilization for Commercial, and there is no evidence to indicate that which the Mohave ground squirrel Recreational, Scientific, or Educational there is increased predation by these evolved, the species may be negatively Purposes predators on the Mohave ground affected. However, we believe that The petitioners did not provide squirrel. We do not have information in climate change models that are information or list any threats to the our files to indicate that predation is a currently available are not yet capable of Mohave ground squirrel from threat to the survival of the Mohave making meaningful predictions of overutilization for commercial, ground squirrel. climate change for specific, local areas recreational, or educational purposes. Summary of Factor C such as the range of the Mohave ground The petitioners stated that the squirrel (Parmesan and Matthews 2005, utilization of the Mohave ground On the basis of our evaluation, we p. 354). We are not currently aware of squirrel for scientific purposes is strictly determined that the petition does not models that predict how climate in the controlled by the California Department present substantial information range of the Mohave ground squirrel of Fish and Game. indicating that listing the Mohave will change, and we do not know how ground squirrel as endangered may be Summary of Factor B any change may alter the range of, or warranted due to disease or predation. otherwise threaten, the species. On the basis of our evaluation, we Additionally, we do not have determined that the petition does not substantial information in our files to Summary of Factor A present substantial information suggest that disease or predation In summary, the petitioners presented indicating that listing the Mohave threaten the Mohave ground squirrel. information regarding threats to the ground squirrel as endangered may be However, we will evaluate all factors, Mohave ground squirrel from reduced warranted due to the overutilization for including threats from disease and

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predation, when we conduct our status E. Other Natural or Manmade Factors decreased precipitation (Factor A); review. Affecting the Species’ Continued predation (Factor C); the lack of Existence regulatory mechanisms protecting the D. The Inadequacy of Existing species and its habitat (Factor D); and Evaluation of Information Provided in Regulatory Mechanisms pesticide use (Factor E). the Petition and Available in Service On the basis of our evaluation under Evaluation of Information Provided in Files the Petition and Available in Service section 4(b)(3)(A) of the Act, we have The petitioners stated that pesticide determined that the petition presents Files use may adversely affect the Mohave substantial scientific or commercial The petitioners stated that current ground squirrel. According to the information indicating that listing the regulations have proven inadequate to petitioners, Mohave ground squirrels Mohave ground squirrel as endangered conserve the Mohave ground squirrel; live in native vegetative communities may be warranted. This finding is based that only 9 percent of the range of the adjacent to agricultural fields and other on information provided by the areas where rodenticides are used. Mohave ground squirrel has any kind of petitioners and in our files for Factor A. Mohave ground squirrels use these areas protected status; and that, although the In particular, there is substantial for forage and shelter. The petitioners information to indicate habitat based Mohave ground squirrel is a State-listed claim that if rodenticides are used on threats under Factor A may remove species, this listing provides no agricultural fields, Mohave ground shrubs needed for cover and forage, conservation assurances for the Mohave squirrels could be adversely affected, or disturb soil, or remove or degrade other ground squirrel on Federal lands. they could be exterminated by the State habitat features necessary for Mohave The California Endangered Species Rodent Program. In the early part of the ground squirrel life history Act provides protection for the Mohave 20th century, the Los Angeles requirements across its current range. ground squirrel on private and State- Agricultural Commission used poison The information provided by the owned land, and on Federal lands in grain to target and eliminate ground petitioners and in our files for Factors relation to activities carried out by non- squirrels in the Antelope Valley, which B, C, D, and E was not substantial. In Federal entities that are required to includes the historical range of the considering what factors might obtain a State permit or authorization. Mohave ground squirrel. constitute threats, we must look beyond Although we are aware that the mere exposure of the species to the The major military installations rodenticides, such as those that include factor to determine whether the species within the range of the Mohave ground strychnine as the active ingredient, may responds to the factor in a way that squirrel have implemented Integrated be used to kill ground squirrels, there is causes actual impacts to the species. If Natural Resources Management Plans no information in the petition or our there is exposure to a factor, but no that cover the Mohave ground squirrel files to indicate that rodenticides are response, or only a positive response, and implement actions to manage for used to specifically target Mohave that factor is not a threat. If there is the species. In their management plan ground squirrels or that any exposure and the species responds for the West Mojave Desert, the BLM rodenticides currently used within the negatively, the factor may be a threat considers the Mohave ground squirrel range of the Mohave ground squirrel are and we then attempt to determine how an umbrella species, a species whose adversely affecting the status of this significant a threat it is. If the threat is habitat requirements include those of species. significant, it may drive or contribute to the risk of extinction of the species such many other species and whose Summary of Factor E conservation should automatically that the species may warrant listing as conserve a host of other species. BLM On the basis of our evaluation, we threatened or endangered as those terms has implemented a plan that establishes determined that the petition does not are defined by the Act. This does not present substantial information a Mohave ground squirrel Conservation necessarily require empirical proof of a indicating that listing the Mohave Area that contains 35 percent of the threat. The combination of exposure and ground squirrel as endangered may be some corroborating evidence of how the species’ historical range on BLM land. warranted due to other natural or species is likely impacted could suffice. Summary of Factor D manmade factors affecting its continued The mere identification of factors that existence. Additionally, we do not have could impact a species negatively may On the basis of our evaluation, we substantial information in our files to not be sufficient to compel a finding determined that the petition does not suggest that other natural or manmade that listing may be warranted. The present substantial information factors threaten the Mohave ground information shall contain evidence indicating that listing the Mohave squirrel. However, we will evaluate all sufficient to suggest that these factors ground squirrel as endangered may be factors, including threats from other may be operative threats that act on the warranted due to the inadequacy of natural or manmade factors affecting its species to the point that the species may existing regulatory mechanisms. continued existence, when we conduct meet the definition of threatened or Additionally, we do not have our status review. endangered under the Act. Because we have found that the substantial information in our files to Finding suggest that existing regulatory petition presents substantial The petition and supporting mechanisms are inadequate and thus information that listing the Mohave information have identified numerous threaten the Mohave ground squirrel. ground squirrel may be warranted, we factors affecting the Mohave ground are initiating a status review to However, we will evaluate all factors, squirrel, including: reduced range, determine whether listing the Mohave including threats from the inadequacy urban and rural development, ground squirrel under the Act is of existing regulatory mechanisms, agricultural development, military warranted. We will issue a 12–month when we conduct our status review. activities, livestock grazing, finding as to whether the petitioned transportation and energy development, action is warranted. and cumulative impacts of habitat The ‘‘substantial information’’ destruction, fragmentation, and standard for a 90–day finding differs

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from the Act’s ‘‘best scientific and ACTION: Proposed rule; request for Electronic copies of the Categorical commercial data’’ standard that applies comments. Exclusion, the Regulatory Impact to a status review to determine whether Review, and the Initial Regulatory a petitioned action is warranted. A 90– SUMMARY: NMFS proposes regulations to Flexibility Analysis prepared for this day finding does not constitute a status amend the recordkeeping and reporting action may be obtained from http:// review under the Act. In a 12–month requirements for the Pacific halibut www.regulations.gov or from the Alaska finding, we will determine whether a guided sport fishery in International Region website at http:// petitioned action is warranted after we Pacific Halibut Commission Regulatory alaskafisheries.noaa.gov. have completed a thorough status Area 2C (Southeast Alaska) and Area 3A Written comments regarding the review of the species, which is (Central Gulf of Alaska). If approved, burden-hour estimates or other aspects conducted following a substantial 90– these regulations would revise federal of the collection of information day finding. Because the Act’s standards requirements regarding the location and requirements contained in this rule may for 90–day and 12–month findings are time period for submission of Alaska be submitted to NMFS at the above Department of Fish and Game Saltwater different, as described above, a address, e-mailed to Sport Fishing Charter Trip Logbook data substantial 90–day finding does not [email protected] or faxed sheets and modify logbook recording mean that the 12–month finding will to (202) 395–7285. result in a warranted finding. requirements. This action is necessary because NMFS relies on the state FOR FURTHER INFORMATION CONTACT: The petitioners also requested that we Gabrielle Aberle, (907) 586–7228. designate critical habitat for the Mohave logbook data for managing halibut and ground squirrel. If we determine in our to improve consistency between federal SUPPLEMENTARY INFORMATION: 12–month finding that listing the and State of Alaska requirements for the Background and Need for Action Mohave ground squirrel is warranted, submission of the logbook data sheets The International Pacific Halibut we will address the designation of and the logbook reporting format. This Commission (IPHC) and National critical habitat at the time of the action is intended to achieve the halibut Marine Fisheries Service (NMFS) proposed rulemaking. fishery management goals of the North Pacific Fishery Management Council manage fishing for Pacific halibut References Cited and to support the conservation and (Hippoglossus stenolepis) through A complete list of all references cited management provisions of the Northern regulations established under authority is available on the Internet at http:// Pacific Halibut Act of 1982. of the Northern Pacific Halibut Act of www.regulations.gov and upon request DATES: Comments must be received no 1982 (Halibut Act). The IPHC from the Ventura Fish and Wildlife later than May 12, 2010. promulgates regulations governing the Pacific halibut fishery under the Office (see FOR FURTHER INFORMATION ADDRESSES: Send comments to Sue Convention between the United States CONTACT section above). Salveson, Assistant Regional and Canada for the Preservation of the Administrator, Sustainable Fisheries Author Halibut Fishery of the North Pacific Division, Alaska Region, NMFS, Attn: Ocean and Bering Sea (Convention), The primary authors of this notice are Ellen Sebastian. You may submit signed at Ottawa, Ontario, on March 2, staff members of the Ventura Fish and comments, identified by RIN 0648– Wildlife Office (see FOR FURTHER 1953, as amended by a Protocol AY38, by any one of the following INFORMATION CONTACT section above). Amending the Convention (signed at methods: Washington, D.C., on March 29, 1979). Authority • Electronic Submissions: Submit all Regulations developed by the IPHC The authority for this action is the electronic public comments via the Federal eRulemaking Portal: http:// are subject to approval by the Secretary Endangered Species Act of 1973, as of State with concurrence of the amended (16 U.S.C. 1531 et seq.). www.regulations.gov; • Mail: P.O. Box 21668, Juneau, AK Secretary of Commerce (Secretary). Dated: April 12, 2010 99802; After approval by the Secretary of State Signed: Daniel M. Ashe • Fax: (907) 586–7557; or and the Secretary, the IPHC regulations Deputy Director, U.S. Fish and Wildlife • Hand delivery to the Federal are published in the Federal Register as Service Building: 709 West 9th Street, Room annual management measures pursuant [FR Doc. 2010–9377 Filed 4–26–10; 8:45 am] 420A, Juneau, AK. to 50 CFR 300.62. The current IPHC BILLING CODE 4310–55–S All comments received are a part of annual management measures were the public record. No comments will be published on March 19, 2009 (74 FR posted to http://www.regulations.gov for 11681). IPHC regulations affecting sport DEPARTMENT OF COMMERCE public viewing until after the comment fishing for halibut and charter vessels in period has closed. Comments will Areas 2C (Southeast Alaska) and 3A National Oceanic and Atmospheric generally be posted without change. All (Central Gulf of Alaska) may be found Administration Personal Identifying Information (for in sections 3, 25, and 28 (74 FR 11681; example, name, address) voluntarily March 19, 2009). 50 CFR Part 300 submitted by the commenter may be The Halibut Act also provides [Docket No. 0911201413–0182–01] publicly accessible. Do not submit regulatory authority to the Secretary and Confidential Business Information or the North Pacific Fishery Management RIN 0648–AY38 otherwise sensitive or protected Council (Council). The Secretary, under 16 U.S.C. 773c(a) and (b), has the Pacific Halibut Fisheries; Guided Sport information. NMFS will accept anonymous general responsibility to carry out the Charter Vessel Fishery for Halibut; comments (enter N/A in the required Convention and the Halibut Act. In Recordkeeping and Reporting fields, if you wish to remain adopting regulations that may be AGENCY: National Marine Fisheries anonymous). You may submit necessary to carry out the purposes and Service (NMFS), National Oceanic and attachments to electronic comments in objectives of the Convention and the Atmospheric Administration (NOAA), Microsoft Word, Excel, WordPerfect, or Halibut Act, the Secretary is directed to Commerce. Adobe PDF file formats only. consult with the Secretary of the

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