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Federal Register/Vol. 72, No. 34/Wednesday, February 21, 2007/Proposed Rules

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Federal Register/Vol. 72, No. 34/Wednesday, February 21, 2007/Proposed Rules Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Proposed Rules 7843 DEPARTMENT OF THE INTERIOR section of this notice. In the event that from threatened to endangered, we have our Internet connection is not made our determination on whether the Fish and Wildlife Service functional, please submit your petition presents substantial scientific comments by mail, hand-delivery, or and commercial information indicating 50 CFR Part 17 fax. the species is in danger of extinction (3) You may fax your comments to throughout all or a significant portion of Endangered and Threatened Wildlife (801) 975–3331. its range. and Plants; 90-Day Finding on a FOR FURTHER INFORMATION CONTACT: Petition To Reclassify the Utah Prairie Petition Larry Crist, Field Supervisor, Utah Dog From Threatened to Endangered Ecological Services Field Office (see On February 3, 2003, we received a and Initiation of a 5-Year Review petition submitted by Forest Guardians, ADDRESSES) (telephone 801–975–3330; Center for Native Ecosystems, Escalante AGENCY: Fish and Wildlife Service, facsimile 801–975–3331). Persons who Wilderness Project, Boulder Regional Interior. use a telecommunications device for the Group, Southern Utah Wilderness deaf (TDD) may call the Federal ACTION: Notice of 90-day petition Alliance, and Terry Tempest Williams Information Relay Service (FIRS) at finding and initiation of a 5-year review. (Petitioners) requesting that we 800–877–8339. reclassify the Utah prairie dog from SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: Wildlife Service (Service), announce a threatened to endangered. We 90-day finding on a petition to reclassify Background acknowledged receipt of the petition in a letter to Nicole Rosmarino on the Utah prairie dog (Cynomys Section 4(b)(3)(A) of the Endangered parvidens) from threatened to November 21, 2003. In that letter we Species Act of 1973, as amended (16 also advised the Petitioners that, due to endangered under the Endangered U.S.C. 1531 et seq.) (Act), requires that Species Act of 1973, as amended (Act). prior listing allocations in fiscal years we make a finding on whether a petition 2003 and 2004, we would not be able to We find that the petition does not to list, delist, or reclassify a species begin processing the petition in a timely provide substantial scientific or presents substantial scientific or manner. commercial information indicating that commercial information indicating that On February 2, 2004, we received a reclassification of the Utah prairie dog the petitioned action may be warranted. Notice of Intent to sue from the from threatened to endangered may be We are to base this finding on Petitioners for failure to issue the 90-day warranted. Therefore, we are not information provided in the petition finding. On February 2, 2006, the initiating a further status review in and supporting information available in Petitioners filed a complaint for response to this petition. We are, our files at the time of the petition injunctive and declaratory relief in the however, initiating a 5-year review review. To the maximum extent United States District Court for the under section 4(c)(2)(A) of the Act for practicable, we are to make this finding District of Columbia. On June 2, 2006, this species because such a review has within 90 days of our receipt of the the parties reached a settlement not been conducted in the last 5 years. petition, and publish our notice of this agreement that requires the Service to We ask the public to submit to us any finding promptly in the Federal make a 90-day finding on the petition new information that becomes available Register. on or before February 17, 2007. This concerning the status of the Utah prairie Our standard for substantial finding constitutes our compliance with dog or threats to the species. information within the Code of Federal the settlement agreement. DATES: The 90-day finding announced Regulations (CFR) with regard to a 90- in this document was made on February day petition finding is ‘‘that amount of Species Information 21, 2007. Comments and information for information that would lead a Prairie dogs belong to the Sciuridae the 5-year review must be submitted on reasonable person to believe that the family of rodents, which also includes or before April 23, 2007. measure proposed in the petition may squirrels, chipmunks, and marmots. ADDRESSES: The petition, administrative be warranted’’ (50 CFR 424.14(b)). If we There are five species of prairie dogs, all finding, supporting data, and comments find that substantial information was of which are native to North America, will be available for public inspection, presented, we are required to promptly and all of which have non-overlapping by appointment, during normal business commence a review of the status of the geographic ranges (Hoogland 2003, p. hours at the Utah Ecological Services species. 232). Taxonomically, prairie dogs Field Office, 2369 West Orton Circle, In making this finding, we relied on (Cynomys spp.) are divided into two Suite 50, West Valley City, UT 84119. information provided by the petitioners subgenera: The white-tail and black-tail. The petition and finding are available and evaluated that information in The Utah prairie dog (C. parvidens) is a on our Web site at http://mountain- accordance with 50 CFR 424.14(b). Our member of the white-tail group, prairie.fws.gov/species/mammals/ 90-day finding process under section subgenus Leucocrossuromys. Other utprairiedog/. 4(b)(3)(A) of the Act and § 424.14(b) of members of this group, which also occur If you wish to comment, you may our regulations is limited to a in Utah, are the white-tailed prairie dog submit your comments and materials by determination of whether the (C. leucurus) and the Gunnison prairie any one of the following methods: information in the petition meets the dog (C. gunnisoni). The Utah prairie dog (1) You may mail or hand-deliver ‘‘substantial information’’ threshold. A is distinguished by a relatively short (30 written comments and information to substantial finding should be made to 70 millimeters (mm)/1.2 to 2.8 inches Field Supervisor, Utah Ecological when the Service deems that adequate (in)) white- or gray-tipped tail Services Office, at the address given and reliable information has been (Pizzimenti and Collier 1975, p. 1; above. presented that would lead a reasonable Hoogland 2003, p. 232). The Utah (2) You may submit your comments person to believe that the petitioned prairie dog is most closely related to the by electronic mail (e-mail) to action may be warranted. In making our white-tailed prairie dog, and [email protected]. For directions determination on the petition evaluated chromosomal and biochemical data on how to submit comments by e-mail, in this 90 day finding, which petitions suggest that these two species may once see the ‘‘Public Comments Solicited’’ us to reclassify the Utah prairie dog have belonged to a single interbreeding VerDate Aug<31>2005 15:08 Feb 20, 2007 Jkt 211001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\21FEP1.SGM 21FEP1 rmajette on PROD1PC67 with PROPOSALS 7844 Federal Register / Vol. 72, No. 34 / Wednesday, February 21, 2007 / Proposed Rules species (Pizzimenti 1975, p. 16). The young regularly cross, although all poisoning, which removed Utah prairie two species are now separated by animals use common feeding grounds. dogs from approximately 8,094 hectares ecological and physiographic barriers. Habitat Requirements (ha) [20,000 acres (ac)] of their range in Both Chesser (1984, p. 4) and Ritchie Sevier, Wayne, Garfield, and Iron and Brown (2005, p. 11) found that Available moisture and prairie dog Counties prior to 1963; drought; habitat genetic variance within Utah prairie dog abundance and density are positively alteration, primarily in the form of populations is very low, less than half correlated (Crocker-Bedford 1976, pp. cultivation to agricultural crops; that commonly observed for black-tailed 71–72). Prairie dogs appear to prefer shooting; and disease (Collier and prairie dogs (C. ludovicianus). This may swale type formations where moist Spillett 1972, pp. 33–35). Major be the result of genetic drift on small herbage is available even during drought predators include coyotes (Canis periods (Collier 1975, p. 43; Crocker- populations (Chesser 1984, p. 5). latrans), badgers (Taxidea taxis), long- Bedford and Spillett 1981, p. 24). Soil tailed weasels (Mustela frenata), various Life History characteristics are also an important raptor species, and prairie rattlesnakes Detailed information on the life factor in the location of Utah prairie dog history of the Utah prairie dog can be colonies. A well-drained area is (Crotalus viridis) (Service 1991a, p. 9; found in our May 29, 1984, final rule to necessary for home burrows. The soil Hoogland 2001, p. 922). In established reclassify the species as threatened (49 should be deep enough to allow colonies, predators probably do not FR 22330), in the recovery plan for the burrowing to depths sufficient to exert a controlling influence on species (Service 1991a), and on our Web provide protection from predators and numbers of prairie dogs (Collier and site at http://mountain-prairie.fws.gov/ insulation from environmental and Spillett 1972, p. 36). Long-term species/mammals/utprairiedog/. A brief temperature extremes. Prairie dogs must overgrazing, drought, disease (plague), synopsis of information on the species’ be able to inhabit a burrow system 1 and competition with Uinta ground life history that is relevant to this meter (m) [3.3 feet (ft)] underground squirrels (Spermophilus armatus) have finding follows: without becoming wet. Prairie dogs will contributed to larger-scale historic Utah prairie dogs are true hibernators, avoid areas where brushy species declines in prairie dog numbers, ceasing most surface activity during dominate, and will eventually decline including loss of entire colonies harsh winter months.
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