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Of Yellow-Billed Separate Subspecies Vol. 78 Thursday, No. 192 October 3, 2013 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Western Distinct Population Segment of the Yellow-billed Cuckoo (Coccyzus americanus); Proposed Rule VerDate Mar<15>2010 19:07 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03OCP2.SGM 03OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 61622 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: operations; water diversions; riverflow Jennifer Norris, Field Supervisor, U.S. management; stream channelization and Fish and Wildlife Service Fish and Wildlife Service, Sacramento stabilization; conversion to agricultural Fish and Wildlife Office, 2800 Cottage uses, such as crops and livestock 50 CFR Part 17 Way, Room W–2605, Sacramento, grazing; urban and transportation [FWS–R8–ES–2013–0104; 4500030113] California 95825, by telephone 916– infrastructure; and increased incidence 414–6600 or by facsimile 916–414– of wildfire. These factors also contribute RIN 1018–AY53 6712. Persons who use a to fragmentation and promote telecommunications device for the deaf conversion to nonnative plant species, Endangered and Threatened Wildlife (TDD) may call the Federal Information particularly tamarisk. The threats and Plants; Proposed Threatened Relay Service (FIRS) at 800–877–8339. affecting western yellow-billed cuckoo Status for the Western Distinct SUPPLEMENTARY INFORMATION: habitat are ongoing. Such a loss of Population Segment of the Yellow- riparian habitat leads not only to a billed Cuckoo (Coccyzus americanus) Executive Summary direct reduction in yellow-billed cuckoo AGENCY: Fish and Wildlife Service, Why we need to publish a rule? Under numbers but also leaves a highly Interior. the Act, if a species is determined to be fragmented landscape, which can an endangered or threatened species ACTION: Proposed rule. reduce breeding success through throughout all or a significant portion of increased predation rates and barriers to SUMMARY: We, the U.S. Fish and its range, we are required to promptly dispersal by juvenile and adult yellow- Wildlife Service (Service), propose to publish a proposal in the Federal billed cuckoos. list the yellow-billed cuckoo in the Register and make a determination on Factor E threats, including habitat western portions of the United States, our proposal within 1 year. Listing a rarity and small, isolated populations of Canada, and Mexico (western yellow- species as an endangered or threatened the western yellow-billed cuckoo, cause billed cuckoo) as a threatened distinct species can only be completed by the remaining populations in western vertebrate population segment under the issuing a rule. North America to be increasingly Endangered Species Act of 1973, as This rule proposes the listing of the susceptible to further declines through amended (Act). If we finalize this rule yellow-billed cuckoo as a threatened lack of immigration, chance weather species in western North America as a as proposed, it would extend the Act’s events, fluctuating availability of prey distinct vertebrate population segment protections to the western yellow-billed populations, pesticides, collisions with (DPS) under the Act and our policy cuckoo. The effect of this regulation tall vertical structures during migration, regarding the recognition of DPSs (61 FR would be to add the western yellow- spread of the introduced tamarisk leaf billed cuckoo to the List of Endangered 4721; February 7, 1996). What does this rule consist of and beetle as a biocontrol agent in the and Threatened Wildlife under the Act. what is the potential outcome of this Southwest, and climate change. The DATES: We will accept comments rule making? This document consists of ongoing threat of small overall received or postmarked on or before a proposed rule to list populations of population size leads to an increased December 2, 2013. Comments submitted the yellow-billed cuckoo in the western chance of local extinctions through electronically using the Federal United States, Canada, and Mexico as a random events. eRulemaking Portal (see ADDRESSES threatened species. This rule, if We will seek peer review. We are section, below) must be received by finalized, will add the western yellow- seeking comments and soliciting 11:59 p.m. Eastern Time on the closing billed cuckoo to the list of endangered information from knowledgeable date. We must receive requests for or threatened species. individuals with scientific expertise to public hearings, in writing, at the What is the basis for our action? review our analysis of the best available address shown in the ADDRESSES section Under the Act and Service policy, we scientific and commercial data and by November 18, 2013. can determine that a species (or a application of that information to ADDRESSES: You may submit comments distinct population segment of a improve this proposed rule. Because we by one of the following methods: vertebrate species) is an endangered or will consider all comments and (1) Electronically: Go to the Federal threatened species based on any of five information received during the eRulemaking Portal: http:// factors: (A) The present or threatened comment period, our final www.regulations.gov. In the Search box, destruction, modification, or determinations may differ from this enter FWS–R8–ES–2013–0104, which is curtailment of its habitat or range; (B) proposal. the docket number for this rulemaking. overutilization for commercial, Information Requested You may submit a comment by clicking recreational, scientific, or educational on ‘‘Comment Now!’’ purposes; (C) disease or predation; (D) We intend that any final action (2) By hard copy: Submit by U.S. mail the inadequacy of existing regulatory resulting from this proposed rule will be or hand-delivery to: Public Comments mechanisms; or (E) other natural or based on the best scientific and Processing, Attn: Docket No. FWS–R8– manmade factors affecting its continued commercial data available and be as ES–2013–0104; Division of Policy and existence. We reviewed all available accurate and as effective as possible. Directives Management; U.S. Fish and scientific and commercial information Therefore, we request comments or Wildlife Service; 4401 N. Fairfax Drive, pertaining to the five threat factors in information from the public, other MS 2042–PDM; Arlington, VA 22203. our evaluation of each species. concerned governmental agencies, We request that you send comments We have determined that the western Native American tribes, the scientific only by the methods described above. yellow-billed cuckoo is threatened by community, industry, or any other We will post all comments on http:// two of these five factors (A and E). We interested parties concerning this www.regulations.gov. This generally consider Factors A and E to be the main proposed rule. We particularly seek means that we will post any personal threats to the species. comments concerning: information you provide us (see the Factor A threats result from habitat (1) The western yellow-billed Information Requested section below for destruction, modification, and cuckoo’s biology, range, and population more information). degradation from dam construction and trends, including: VerDate Mar<15>2010 19:07 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\03OCP2.SGM 03OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules 61623 (a) Habitat requirements for feeding, in making a determination, as section scientific or commercial information to breeding, and sheltering; 4(b)(1)(A) of the Act directs that indicate that further investigation, (b) Genetics and taxonomy; determinations as to whether any through a status review, was required to (c) Historical and current range species is a threatened or endangered determine the taxonomic validity of a including distribution patterns; species must be made ‘‘solely on the western subspecies, and to determine if (d) Historical and current population basis of the best scientific and listing the western population of the levels, and current and projected trends; commercial data available.’’ yellow-billed cuckoo as a DPS may be (e) Past and ongoing conservation You may submit your comments and warranted. In our finding, we noted that measures for the DPS, its habitat, or materials concerning this proposed rule the petition did not present sufficient both; by one of the methods listed in the information to indicate that listing of (f) Locations of any additional ADDRESSES section. We request that you the species as a whole may be populations of western yellow-billed send comments only by the methods warranted. cuckoo; described in the ADDRESSES section. On July 25, 2001, we published a 12- (g) Breeding season data in the If you submit information via http:// month petition finding in the Federal mountain ranges of southeastern www.regulations.gov, your entire Register (66 FR 38611) concluding that Arizona and southwestern New Mexico; submission—including any personal the yellow-billed cuckoo populations (h) Breeding season data north and identifying information—will be posted west of the Continental Divide south of the United States in Canada on the Web site. If your submission is constituted a valid DPS and that the and Mexico; and made via a hardcopy that includes
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