Federal Register/Vol. 84, No. 191/Wednesday, October 2, 2019

52598 Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations DEPARTMENT OF THE INTERIOR appointment, during normal business • By reaffirming the designation of hours at: U.S. Fish and Wildlife Service, approximately 30,010 ac (12,145 ha) as Fish and Wildlife Service Northern Idaho Field Office, 11103 E. critical habitat for the southern Montgomery Drive, Spokane Valley, WA mountain caribou DPS. 50 CFR Part 17 99206; telephone 509–891–6839; The basis for our action. Section 4 of the Act (16 U.S.C. 1533) and its [Docket No. FWS–R1–ES–2012–0097; facsimile 509–891–6748. FXES11130900000C2–189–FF09E42000] FOR FURTHER INFORMATION CONTACT: Greg implementing regulations (50 CFR part Hughes, State Supervisor, U.S. Fish and 424) set forth the procedures for RIN 1018–BC84 Wildlife Service, Idaho Fish and determining whether a species meets Wildlife Office, 1387 S. Vinnell Way, the definition of ‘‘endangered species’’ Endangered and Threatened Wildlife; or ‘‘threatened species.’’ The Act defines Endangered Species Status for Room 368, Boise, ID 83709; telephone 208–378–5243; facsimile 208–378–5262. an ‘‘endangered species’’ as a species Southern Mountain Caribou Distinct that is ‘‘in danger of extinction Population Segment Persons who are hearing impaired or speech impaired may call the Federal throughout all or a significant portion of AGENCY: Fish and Wildlife Service, Relay Service at 800–877–8339 for TTY its range,’’ and a ‘‘threatened species’’ as Interior. (telephone typewriter or teletypewriter) a species that is ‘‘likely to become an endangered species within the ACTION: Final rule. assistance 24 hours a day, 7 days a week. foreseeable future throughout all or a SUMMARY: We, the U.S. Fish and significant portion of its range.’’ Under Wildlife Service (Service), determine SUPPLEMENTARY INFORMATION: the Act, a species may be determined to endangered species status under the Executive Summary be an endangered species or threatened Endangered Species Act of 1973, as species because of any one or a Why we need to publish a rule. Under amended (Act), for the southern combination of the five factors the Act, a species may warrant mountain caribou distinct population described in section 4(a)(1): (A) The protection through listing if it is segment (DPS) of woodland caribou present or threatened destruction, endangered or threatened throughout all (Rangifer tarandus caribou). This modification, or curtailment of its or a significant portion of its range. determination amends the current habitat or range; (B) overutilization for Listing a species as an endangered or listing of the southern Selkirk commercial, recreational, scientific, or threatened species can only be Mountains population of woodland educational purposes; (C) disease or completed by rulemaking. Any caribou by defining the southern predation; (D) the inadequacy of proposed or final rule designating a DPS mountain caribou DPS. The southern existing regulatory mechanisms; and (E) as endangered or threatened under the mountain caribou DPS of woodland other natural or manmade factors Act should clearly analyze the action caribou consists of 17 subpopulations affecting its continued existence. We using the following three elements: (15 extant and 2 extirpated). This DPS have determined that threats described discreteness of the population segment includes the currently listed southern under factors A, C, and E pose in relation to the remainder of the taxon Selkirk Mountains population of significant threats to the continued to which it belongs; the significance of woodland caribou, a transboundary existence of the southern mountain the population segment to the taxon to population that moves between British caribou DPS. which it belongs; and the conservation Columbia, Canada, and northern Idaho We listed the southern Selkirk status of the population segment in and northeastern Washington, United Mountains population of woodland relation to the Act’s standards for listing States. We have determined that the caribou as endangered under the Act on (DPS policy; 61 FR 4722, February 7, approximately 30,010 acres (12,145 February 29, 1984 (49 FR 7390). 1996). Under the Act, any species that hectares) designated as critical habitat According to our ‘‘Policy Regarding the is determined to be an endangered or Recognition of Distinct Vertebrate on November 28, 2012, for the southern threatened species requires critical Population Segments Under the Selkirk Mountains population of habitat to be designated, to the Endangered Species Act’’ (DPS policy; woodland caribou is applicable to the maximum extent prudent and 61 FR 4722, February 7, 1996), the U.S. portion of the endangered southern determinable. Designations and appropriate application of the policy to mountain caribou DPS and, as such, revisions of critical habitat can only be pre-1996 DPS listings shall be reaffirm the existing critical habitat for completed through rulemaking. Here we considered in our 5-year reviews of the the DPS. This rule amends the listing of reaffirm the designation of status of the species. We conducted a this DPS on the Federal List of approximately 30,010 acres (ac) (12,145 DPS analysis during our 2008 5-year Endangered and Threatened Wildlife. hectares (ha)) in one unit within review, which concluded that the DATES: This rule is effective November Boundary County, Idaho, and Pend southern Selkirk Mountains population 1, 2019. Oreille County, Washington, as critical of woodland caribou met both the ADDRESSES: This final rule is available at habitat for the southern mountain discreteness and significance elements http://www.regulations.gov under caribou DPS. of the DPS policy. However, we now Docket No. FWS–R1–ES–2012–0097, This rule amends the current listing of recognize that this analysis did not and at the Service’s Idaho Fish and the southern Selkirk Mountains consider the significance of this Wildlife Office at http://www.fws.gov/ population of woodland caribou as population relative to the appropriate idaho/. Comments and materials we follows: taxon. The purpose of the DPS policy is received, as well as supporting • By defining the southern mountain to set forth standards for determining documentation we used in preparing caribou DPS, which includes the which populations of vertebrate this rule, are available for public currently listed southern Selkirk organisms that are subsets of species or inspection at http:// Mountains population of woodland subspecies may qualify as entities that www.regulations.gov. All of the caribou; we may list as endangered or threatened comments, materials, and • By designating the status of the under the Act. In the 2008 5-year documentation that we considered in southern mountain caribou DPS as review, we assessed the significance of this rulemaking are available by endangered under the Act; and the southern Selkirk Mountains VerDate Sep<11>2014 16:59 Oct 01, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations 52599 population to the ‘‘mountain ecotype’’ on the number and names of regulations enacted by the British of woodland caribou. The ‘‘mountain subpopulations (both extant and Columbia provincial government that ecotype’’ is neither a species nor a recently extirpated) within the DPS, and can be utilized to protect southern subspecies. The appropriate DPS describe how subpopulation names and mountain caribou and their habitat, as analysis for the southern Selkirk groupings of subpopulations by Canada well as implementing programs and Mountains population of woodland have changed through time. We also projects for their conservation (see caribou should have been conducted clarify that the range of the DPS in ‘‘Canada’’ under Factor D analysis, relative to the subspecies woodland British Columbia, Canada, and the below). caribou (Rangifer tarandus caribou). United States has declined by 60 In our May 8, 2014, proposed rule (79 Listing or reclassifying DPSs allows the percent since historical arrival of FR 26504), we stated that further Service to protect and conserve species Europeans in British Columbia, evaluation of existing regulatory and the ecosystems upon which they according to Spalding (2000, p. 40). In mechanisms (Factor D) was needed depend before large-scale decline occurs our May 8, 2014 proposed rule (79 FR before a final determination could be that would necessitate listing a species 26504), we stated the range of the DPS made as to the adequacy of existing or subspecies throughout its entire had declined by 40 percent, but this was regulatory mechanisms to address the range. specific to the British Columbia, threats affecting the status of the DPS. Peer review and public comment. We Canada, portion of the DPS’s range (i.e., Notwithstanding the additional sought comments from independent it did not include the portion of the information learned regarding existing specialists to ensure that our range in the United States). provincial laws and regulations of designation is based on scientifically We updated the status of the southern British Columbia, Canada, we conclude sound data, assumptions, and analyses. mountain caribou DPS to reflect the that, while the existing regulatory We invited these peer reviewers to most recent information contained in mechanisms in the United States and comment on our amended listing the COSEWIC report (2014, entire) Canada

Load more