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Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Proposed Rules 69707

• Have we organized the material to document to find this action in the month findings on petitions to list three suit the public’s needs? Unified Agenda. species as endangered or threatened • Are the requirements in the notice Issued in Washington, DC, under authority species under the Endangered Species clearly stated? delegated in 49 CFR part 1.95 and 501.5. Act of 1973, as amended (Act) and two • Does the notice contain technical James Clayton Owens, additional findings that current language or jargon that is not clear? Acting Administrator. candidate species no longer warrant • Would a different format (grouping [FR Doc. 2019–27209 Filed 12–18–19; 8:45 am] listing. After a thorough review of the and order of sections, use of headings, BILLING CODE 4910–59–P best scientific and commercial data paragraphing) make the rule easier to available, we find that it is not understand? warranted at this time to list the Ozark • Would more (but shorter) sections chub, purpledisk honeycombhead, red be better? DEPARTMENT OF THE INTERIOR • tree vole (North Oregon Coast distinct Could we improve clarity by adding Fish and Wildlife Service population segment (DPS)), sand tables, lists, or diagrams? verbena , and skiff milkvetch. If you have any responses to these 50 CFR Part 17 However, we ask the public to submit to questions, please include them in your us at any time any new information comments on this proposal. [4500090022] relevant to the status of any of the k. Regulatory Identifier Number (RIN) Endangered and Threatened Wildlife species mentioned above or their The Department of Transportation and ; Five Species Not habitats. assigns a regulation identifier number Warranted for Listing as Endangered or Threatened Species DATES: The findings in this document (RIN) to each regulatory action listed in were made on December 19, 2019. the Unified Agenda of Federal AGENCY: Fish and Wildlife Service, Regulations. The Regulatory Information Interior. ADDRESSES: Detailed descriptions of the basis for each of these findings are Service Center publishes the Unified ACTION: Notice of findings. Agenda in April and October of each available on the internet at http:// year. You may use the RIN contained in SUMMARY: We, the U.S. Fish and www.regulations.gov under the the heading at the beginning of this Wildlife Service (Service), announce 12- following docket numbers:

Species Docket No.

Ozark chub ...... FWS–R4–ES–2019–0094 Purpledisk honeycombhead ...... FWS–R4–ES–2019–0095 Red tree vole (North Oregon Coast DPS) ...... FWS–R1–ES–2019–0096 Sand verbena moth ...... FWS–R1–ES–2010–0096 Skiff milkvetch ...... FWS–R6–ES–2019–0097

Supporting information used to specified under FOR FURTHER under FOR FURTHER INFORMATION prepare these findings is available for INFORMATION CONTACT. Please submit any CONTACT. public inspection, by appointment, new information, materials, comments, FOR FURTHER INFORMATION CONTACT: during normal business hours, by or questions concerning these findings contacting the appropriate person, as to the appropriate person, as specified

Species Contact Information

Ozark chub ...... Melvin Tobin, Supervisor, Arkansas Ecological Services Field Office, 501–513–4473. Purpledisk honeycombhead ...... Tom McCoy, Field Supervisor, Ecological Services Field Office, 843–727–4707, ext. 227. Red tree vole ...... Paul Henson, State Supervisor, Oregon Fish and Wildlife Office, 503–231–6179. Sand verbena moth ...... Brad Thompson, Acting State Supervisor, Washington Office of Fish and Wildlife, 360–753–9440. Skiff milkvetch ...... Ann Timberman, Field Supervisor, Western Colorado Ecological Services Office, 970–628–7181.

If you use a telecommunications finding that the petitioned action is: (1) necessary. Section 4(b)(3)(C) of the Act device for the deaf (TDD), please call the Not warranted; (2) warranted; or (3) requires that, when we find that a Federal Relay Service at 800–877–8339. warranted but precluded. ‘‘Warranted petitioned action is warranted but SUPPLEMENTARY INFORMATION: but precluded’’ means that (a) the precluded, we treat the petition as petitioned action is warranted, but the though resubmitted on the date of such Background immediate proposal of a regulation finding, that is, requiring that a Under section 4(b)(3)(B) of the Act (16 implementing the petitioned action is subsequent finding be made within 12 U.S.C. 1531 et seq.), we are required to precluded by other pending proposals to months of that date. We must publish make a finding whether or not a determine whether species are these 12-month findings in the Federal petitioned action is warranted within 12 endangered or threatened species, and Register. months after receiving any petition that (b) expeditious progress is being made Summary of Information Pertaining to we have determined contains to add qualified species to the Lists of the Five Factors substantial scientific or commercial Endangered and Threatened Wildlife information indicating that the and Plants (Lists) and to remove from Section 4 of the Act (16 U.S.C. 1533) petitioned action may be warranted the Lists species for which the and the implementing regulations at (‘‘12-month finding’’). We must make a protections of the Act are no longer part 424 of title 50 of the Code of

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Federal Regulations (50 CFR part 424) meet the definition of ‘‘endangered over gravel, habitat directly below set forth procedures for adding species species’’ or ‘‘threatened species,’’ we riffles, or shallow pools with noticeable to, removing species from, or considered and thoroughly evaluated current. Young individuals occupy reclassifying species on the Lists. The the best scientific and commercial data backwater and shoreline or side channel Act defines ‘‘endangered species’’ as available regarding the past, present, habitats with low velocity, such as the any species that is in danger of and future stressors and threats. We shallow marginal areas of pool extinction throughout all or a significant reviewed the petitions, information headwaters. Spawning occurs in April portion of its range (16 U.S.C. 1532(6)), available in our files, and other and May, with eggs deposited in clean and ‘‘threatened species’’ as any species available published and unpublished gravel substrate. The average life span that is likely to become an endangered information. These evaluations may for females is about 3.5 years, whereas species within the foreseeable future include information from recognized most males survive a little more than 2 throughout all or a significant portion of experts; Federal, State, and tribal years. Ozark chubs feed primarily on or its range (16 U.S.C. 1532(20)). Under governments; academic institutions; near the stream bottom, consuming section 4(a)(1) of the Act, a species may foreign governments; private entities; detritus composed of diatomaceous be determined to be an endangered and other members of the public. algae and bacteria in the winter, adding species or a threatened species because The species assessments for the Ozark drifting algae and matter to their of any of the following five factors: chub, purpledisk honeycombhead, diet in the other seasons. Invertebrate (A) The present or threatened North Oregon Coast DPS of red tree , likely ingested incidentally, destruction, modification, or vole, sand verbena moth, and skiff make up a much smaller portion (less curtailment of its habitat or range; milkvetch contain more-detailed than 10 percent) of the diet. (B) Overutilization for commercial, biological information, a thorough We have carefully assessed the best recreational, scientific, or educational analysis of the listing factors, and an scientific and commercial data available purposes; explanation of why we determined that regarding the past, present, and future (C) Disease or predation; these species do not meet the definition threats to the Ozark chub, and we (D) The inadequacy of existing of an endangered species or a threatened evaluated all relevant factors under the regulatory mechanisms; or species. This supporting information five listing factors, including any (E) Other natural or manmade factors regulatory mechanisms and affecting its continued existence. can be found on the internet at http:// www.regulations.gov under the conservation measures addressing these In considering whether a species may stressors. The primary stressors affecting meet the definition of an endangered appropriate docket number (see ADDRESSES, above). The following are the Ozark chub’s biological status species or a threatened species because include large dams and their of any of the five factors, we must look informational summaries for each of the findings in this document. impoundments, and water quality beyond the mere exposure of the species impairment, including sedimentation. to the stressor to determine whether the Ozark Chub Altered natural flow in the species responds to the stressor in a way Previous Federal Actions impoundments formed by dams and in that causes actual impacts to the the tailwaters below dams has made species. If there is exposure to a stressor, On April 20, 2010, we received a habitat unsuitable in several stream and but no response, or only a positive petition from the Center for Biological river segments historically occupied by response, that stressor does not cause a Diversity (CBD), Rivers Ozark chubs, and has fragmented species to meet the definition of an Alliance, Clinch Coalition, Dogwood populations. Water quality is impaired endangered species or a threatened Alliance, Gulf Restoration Network, in some stream reaches within each species. If there is exposure and the Tennessee Forests Council, West watershed currently occupied by the species responds negatively, we Virginia Highlands Conservancy, Tierra chub. Predominant sources of water determine whether that stressor drives Curry, and Noah Greenwald (referred to quality impairment are agriculture, or contributes to the risk of extinction below as the CBD petition) to list 404 forestry, mining, and urban of the species such that the species aquatic, riparian, and wetland species, development. warrants listing as an endangered or including the Ozark chub, from the While threats have acted on the threatened species. The mere southeastern United States as species to reduce available habitat, the identification of stressors that could endangered or threatened species under Ozark chub persists in 22 of 23 affect a species negatively is not the Act. On September 27, 2011, we historically occupied watersheds, and sufficient to compel a finding that published in the Federal Register (76 the breadth of the species’ range has not listing is or remains warranted. For a FR 59836) a 90-day finding in which we changed. A majority of the range is species to be listed or remain listed, we announced that the petition contained rural, and large increases in require evidence that these stressors are substantial information indicating urbanization are not anticipated, nor are operative threats to the species or its listing may be warranted for the Ozark any additional large high-head dams habitat, either singly or in combination, chub. This document constitutes our 12- likely to be constructed. Many of the to the point that the species meets the month finding on the April 20, 2010, water-quality problems affecting the definition of an endangered or a petition to list the Ozark chub under the species currently are the legacy of past threatened species under the Act. Act. land-use practices that no longer or In conducting our evaluation of the rarely occur. Currently 3, 14, and 5 of five factors provided in section 4(a)(1) of Summary of Finding the occupied watersheds contain the Act to determine whether the Ozark The Ozark chub is a small, slender, populations in high, moderate, and low chub (Erimystax harryi), purpledisk freshwater fish in the minnow family, condition, respectively. Based on honeycombhead (Balduina Cyprinidae, found in the White River current trends in population growth and atropurpurea), North Oregon Coast DPS basin in Arkansas and Missouri and the land development, no extirpations are of red tree vole (Arborimus upper St. Francis River Basin in predicted. In addition, State-designated longicaudus), sand verbena moth Missouri. Adult Ozark chubs most special use waters and Federal lands ( fuscum), and skiff frequently occur in runs and riffles managed by the U.S. Forest Service and milkvetch (Astragalus microcymbus) approximately 45–60 centimeters deep National Park Service—including 135

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miles of the Buffalo River, which under the five listing factors, including Red Tree Vole (North Oregon Coast harbors a high-condition population— any regulatory mechanisms and DPS) will continue to protect large areas of conservation measures addressing these Previous Federal Actions the species’ habitat. stressors. The primary stressors affecting Therefore, we find that listing the purpledisk honeycombhead’s biological On June 18, 2007 we received a Ozark chub as an endangered species or status are habitat-based: Habitat loss due petition from Center for Biological Diversity, Oregon Chapter of the Sierra threatened species under the Act is not to development or land conversion (e.g., Club, Audubon Society of Portland, warranted. A detailed discussion of the agriculture, pine plantations, etc.) and Cascadia Wildlands Project, and basis for this finding can be found in the habitat degradation due to fire Ozark chub species assessment and OregonWild to list the north Oregon suppression. Across purpledisk coast Distinct Population Segment (DPS) other supporting documents (see honeycombhead’s range, the transition ADDRESSES, above). of the red tree vole as endangered or zone between longleaf pine uplands and threatened under the Act. On October Purpledisk Honeycombhead aquatic wetlands has been heavily 28, 2008, we published a 90-day finding affected by habitat destruction and Previous Federal Actions in the Federal Register (73 FR 63919) modification. Large tracts of land, concluding that the petition presented On April 20, 2010, we received the containing both uplands and aquatic substantial information indicating that CBD petition to list 404 aquatic, wetlands, are needed to protect these listing the north Oregon coast DPS of riparian, and wetland species, including transitions zones. Further, purpledisk the red tree vole may be warranted. On purpledisk honeycombhead, from the honeycombhead and its habitat requires October 13, 2011, we published in the southeastern United States as frequent fire prescription to maintain Federal Register (76 FR 63720) a 12- endangered or threatened species under the open conditions in these mesic month finding in which we stated that the Act. On September 27, 2011, we transition zones to abate woody listing the north Oregon coast published in the Federal Register (76 encroachment and facilitate nutrient population of the red tree vole as a DPS FR 59836) a 90-day finding in which we releases. Other potential factors was warranted primarily due to habitat announced that the petition contained loss. However, listing was precluded at substantial information indicating influencing the viability of purpledisk honeycombhead include nonnative, that time by higher priority actions, and listing may be warranted for purpledisk the DPS of the red tree vole was added invasive species (i.e., feral hogs) and honeycombhead. This document to the candidate species lists. From 2012 climate change. However, land constitutes our 12-month finding on the through 2016, we addressed the status April 20, 2010, petition to list management (prescribed fire, mowing, of the north Oregon coast DPS of the red purpledisk honeycombhead under the and mechanical treatment of woody tree vole annually in our candidate Act. vegetation) occurring on protected lands notice of review, with the determination and some private lands is beneficial to Summary of Finding that listing was warranted but precluded purpledisk honeycombhead by (see 77 FR 69994, November 21, 2012; Purpledisk honeycombhead is a maintaining suitable habitat conditions, 78 FR 70104, November 22, 2013; 79 FR perennial herb found in pine savanna and most of the high- to moderate- 72450, December 5, 2014; 80 FR 80584, and flatwood ecosystems of , resiliency populations occur on December 24, 2015; 81 FR 87246, , South Carolina, , protected lands with active December 2, 2016). and (historically) Alabama. It is management. distinguished from other species in the Summary of Finding genus by its dark purple disk flowers. Impacts from habitat destruction and Red tree voles are small, mouse-sized, Purpledisk honeycombhead occurs in a modification and fire suppression do arboreal rodents that live in conifer variety of habitat types where moisture not appear to be affecting high- or forests. They spend almost all of their and light are conducive for growth moderate-resiliency purpledisk time in the tree canopy; if they do come throughout the pine savanna and honeycombhead populations. In the to the ground, it is typically only to flatwood ecosystem. Large-scale or foreseeable future, purpledisk move quickly between trees. The north small-scale disturbance caused honeycombhead is predicted to have a Oregon coast population of the red tree primarily by fire has shaped and core of high- and moderate-resiliency vole is found in the conifer forests of the characterized the wet pine savannas, populations within three representative following counties in Oregon: Clatsop, seepage slopes, and pitcherplant bogs of units on lands (including protected Columbia, Tillamook, Washington, the southeastern Coastal Plain where lands) on which management provides Yamhill, Polk, Lincoln, Benton, and purpledisk honeycombhead occurs. suitable habitat for the species. In Lane. Their principal food is conifer Of the 79 purpledisk honeycombhead addition, management on protected needles, predominantly Douglas-fir populations, 38 remain extant across the lands is predicted to continue providing (Pseudotsuga menziesii) but also historical range. Currently, purpledisk a core of relatively secure populations western hemlock (Tsuga heterophylla); honeycombhead is extant in Bladen such that the species will not become in they are one of the few to County in North Carolina; Richland danger of extinction in the foreseeable persist on this diet. The needs of County in South Carolina; Ben Hill, future. individual red tree voles are met in Charlton, Coffee, Colquitt, Cook, Evans, conifer forest stands with: (1) Connected Irwin, Jeff Davis, Jenkins, Liberty, Therefore, we find that listing tree canopies to facilitate foraging and Tattnall, Long, Toombs, Turner, and purpledisk honeycombhead as an dispersal, and to minimize time on the Worth Counties in Georgia; and Clay, endangered species or threatened ground that may increase predation risk; Duval, and Nassau Counties in Florida. species under the Act is not warranted. (2) available structures to support nests; We have carefully assessed the best A detailed discussion of the basis for and (3) structural complexity and taller scientific and commercial data available this finding can be found in the trees that likely reduce visibility and regarding the past, present, and future purpledisk honeycombhead species vulnerability to predators. These threats to purpledisk honeycombhead, assessment and other supporting features are more common in older and we evaluated all relevant factors documents (see ADDRESSES, above). forests (greater than 80 years old).

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We have carefully assessed the best heterophylla) vegetation zones even in completes its entire life cycle on and scientific and commercial data light of climate change. around the yellow sand verbena plant regarding the past, present, and future For these reasons, we find that these (). The moth has an threats to the north Oregon coast stressors do not, alone or in obligate mutualistic relationship with population of the red tree vole, and we combination, rise to a level that causes yellow sand verbena (i.e., the moth evaluated all relevant factors under the the north Oregon coast population of the feeds on the plant during immature five listing factors, including any red tree vole to meet the definition of an stages and provides pollination services regulatory mechanisms and endangered species or a threatened in its adult phase). To the best of our conservation measures addressing these species. Therefore, we find that listing understanding, the ecological needs of stressors. Since the development of our the north Oregon coast DPS of the red the sand verbena moth include the 2016 CNOR, tree vole habitat was tree vole as an endangered species or following features: Flowering patches of modeled across the DPS, and we were threatened species is not warranted. A yellow sand verbena with total leaf able to use that spatial data to more detailed discussion of the basis for this cover greater than 400 to 500 square robustly assess existing habitat finding can be found in the species meters (0.04 to 0.05 hectares, or 0.10 to conditions, population resiliency, and assessment forms for the north Oregon 0.12 acres), greater than 25 percent leaf associated future trends in a way that coast population of the red tree vole and cover of total area, and high flower production from May through July; had been previously unattainable. in other supporting documents (see loose, well-drained, sandy soil away Specifically, the spatial habitat layer ADDRESSES, above). from the tidal inundation zone; and allowed us to consider distribution of Sand Verbena Moth climate associations for yellow sand habitat and model clusters of occupied Previous Federal Actions verbena that support the sand verbena habitat to serve as proxies for red tree moth, such as 30-year normal vole subpopulations or management On February 17, 2010, we received a precipitation of less than 1,950 units on which to do an analysis of petition, dated February 4, 2010, from millimeters (77 inches) and 30-year resiliency, redundancy, and WildEarth Guardians and the Xerces normal temperature greater than 7.47 representation for the status assessment. Society for Invertebrate Conservation degrees Celsius (45 degrees Fahrenheit). This modeling indicated that 26 percent requesting that the sand verbena moth We have carefully assessed the best of the DPS area was suitable habitat, as be listed as endangered or threatened scientific and commercial data available compared to the 11 percent that the throughout its entire range. On February regarding the past, present, and future model we used in our previous status 17, 2011, we published in the Federal threats to the sand verbena moth, and reviews had predicted. By projecting Register (76 FR 9309) a 90-day finding we evaluated all relevant factors under habitat trends in future scenarios, we that the petition presented substantial the five listing factors, including any developed a more informed picture of information indicating that listing the regulatory mechanisms and the future than had been available for sand verbena moth may be warranted. conservation measures addressing the 2016 CNOR. This document constitutes our 12- stressors to the species. The primary month finding on the February 4, 2010, The primary stressors affecting the stressors affecting the sand verbena petition to list the sand verbena moth north Oregon coast population of the moth’s biological status include the under the Act. red tree vole include habitat loss and effects of current and future habitat loss, fragmentation due to timber harvest and Summary of Finding modification, and fragmentation (Factor A) from erosion, inundation, recreation, wildfire. Despite impacts from these The sand verbena moth stressors and some observed decline in development, and invasive species. (Copablepharon fuscum) belongs to the Habitat appears to be exposed to abundance, the red tree vole in this area second-largest family of the owlet has maintained resilient populations stressors at all sites. Based on the (). It is a nocturnal moth that available data, we cannot determine over time, primarily in the two large has a short flight period from mid-May whether there is a declining or habitat clusters under Federal to early July. Over the last 20 years, it increasing population trend at the sites management, the Nestucca Block and has been detected at 11 sites: 5 in that may currently support populations, South Block. Although we predict some Canada and 6 in the State of or whether the range of the species has continued impacts from these stressors Washington. Our status analysis contracted or expanded. Although there in the future, we anticipate these two indicated that six of these sites may is no information on the average or large habitat clusters will continue to currently support populations and are maximum dispersal distance of the sand maintain resiliency and provide located in low-lying nearshore areas verbena moth, the species may possess redundancy across a large portion of the around the Salish Sea; three of these are the potential for long-distance dispersal DPS. Furthermore, it is reasonable to in Canada on Vancouver Island, and capacity, and therefore may be able to expect the Tillamook State Forest and three are in Washington in areas around colonize patches of yellow sand verbena Kilchis River clusters to increase and the Puget Sound. These six sites (and 10 that are separated by great distances. expand their areas based on habitat of the 11 total detection sites) occur in Projections show that sea-level rise succession in the adjoining landscape. the rain shadows of the Coast and storms may lead to an increase in A portion of the State Forest land Mountains on Vancouver Island or the inundation events, potentially affecting adjoining these two clusters will likely Olympic Mountains in Washington. We the low-lying sites where the species mature into red tree vole habitat (80 do not have enough information to has been detected. While these years old or older) over the coming determine if the remaining five sites projections may appear concerning, years, thereby increasing the footprint of currently support populations of sand there is much uncertainty with regard to these two clusters, and even connecting verbena moth. the response of the sand verbena moth them. With respect to future Like all species of Copablepharon, the over time to changes in habitat, representation of the red tree vole, the sand verbena moth occurs in light sandy including inundation events. The beach two large habitat clusters will continue soils, and most are restricted to active dune system that supports yellow sand to maintain both the Sitka spruce (Picea dunes. However, the sand verbena moth verbena is naturally dynamic with sitchensis) and western hemlock (Tsuga is unique in the genus in that it regular erosion and accretion, and it

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remains unknown whether that December 24, 2015; 81 FR 87246, that the species’ current viability is dynamic quality will allow the system December 2, 2016). characterized by persistence on the to adapt and integrate future local landscape as a narrow endemic species Summary of Finding disturbance events due to the effects of with a stable population size over the climate change. For example, future Skiff milkvetch is a narrow endemic long term, a lack of stressors other than local disturbances could cause the loss perennial plant known to occur only in drought and climate change, and of sand verbena moth and its habitat at Gunnison and Saguache Counties in protections in place on BLM lands. detection sites, or they could instead Colorado. The species occurs primarily These protections cover approximately lead to a slow shift in the species’ on land administered by the Bureau of 80 percent of the species’ range, and distribution over time or the creation of Land Management (BLM), but also is include the South Beaver Creek ACEC, new habitat due to accretion. The best found on small amounts of private land which was designated to protect skiff scientific and commercial data available in the sagebrush steppe ecosystem. Skiff milkvetch, and designation of a State appear to point towards adaptation and milkvetch habitat occupies natural area. Seasonal dormancy may integration because in the years since approximately 310 acres (125 hectares). also provide protection from we received the petition to list the The majority of skiff milkvetch environmental change, as evidenced by species in 2010, additional sites with individuals are found along the South recovery of individuals with above- positive detections of the moth have Beaver Creek drainage, containing ground growth after recent population been discovered. In addition, although approximately 93 percent of the species’ declines. Given the levels of resiliency the species does not appear to be known range; approximately 7 percent currently present in each analysis unit, abundant, the sand verbena moth’s is found along the Cebolla Creek the stability of the population over the distribution across a relatively large area drainage. The South Beaver Creek long term, protections in place, and the (for a narrow endemic) makes it possible subpopulations are located within an life-history characteristics of the for the species to maintain viability in area designated as the South Beaver species, we believe skiff milkvetch the midst of local disturbance events. Creek Area of Critical Environmental currently has sufficient ability to Concern (ACEC) that is managed by the Therefore, we find that listing the withstand stochastic and catastrophic BLM. events and adapt to changes. Looking sand verbena moth as an endangered Skiff milkvetch plants emerge in early into the foreseeable future, we species or threatened species under the spring and usually begin to flower from anticipate that, overall, the persistence Act is not warranted. A detailed mid- to late May, into October. Skiff of the species within the large Beaver discussion of the basis for this finding milkvetch is known to reproduce via Creek analysis unit combined with the can be found in the sand verbena moth mast seeding events (e.g., the ability to withstand drought through species assessment and other supporting production of many seeds by a plant documents (see ADDRESSES, above). every 2 or more years in regional seasonal dormancy provide the species synchrony with other plants of the same with sufficient levels of resiliency to Skiff Milkvetch species), which are related to future stochastic events through 2050. Despite the projected loss of some Previous Federal Actions environmental conditions such as precipitation. The majority of smaller subpopulations, we anticipate On July 30, 2007, we received a individuals live 2 to 3 years; however, the species will still have multiple petition dated July 24, 2007, from Forest some individuals can exhibit whole subpopulations across its narrow range, Guardians (now WildEarth Guardians) plant dormancy, allowing them to live such that it will still have limited but requesting that 206 species that occur in beyond 20 years. Annual population sufficient ability to withstand our Mountain Prairie Region be listed as monitoring for skiff milkvetch on BLM- catastrophic events and to adapt to either endangered or threatened under managed lands since 1995 indicates that changing conditions. the Act, including skiff milkvetch. On skiff milkvetch is stable in overall Therefore, we find that listing the August 18, 2009, we published a partial population size over the long term. skiff milkvetch as an endangered 90-day finding in the Federal Register Despite statistically significant short- species or threatened species under the (74 FR 41649) concluding that the term population declines that have been Act is not warranted. A detailed petition presented substantial documented during periods of drought, discussion of the basis for this finding information indicating that listing the the species has been known to increase can be found in the skiff milkvetch skiff milkvetch may be warranted. On in abundance after periods of increased species assessment and other supporting December 15, 2010, we published a 12- precipitation. documents (see ADDRESSES, above). month finding in the Federal Register We have carefully assessed the best New Information (75 FR 78514) in which we stated that scientific and commercial data available listing skiff milkvetch as endangered or regarding the past, present, and future We request that you submit any new threatened was warranted primarily due threats to skiff milkvetch (including re- information concerning the to threats from off-road vehicle use and evaluating stressors considered in of, biology of, ecology of, status of, or drought. However, listing was previous Federal decisions and CNORs stressors to the Ozark chub, purpledisk precluded at that time by higher-priority using updated data and analysis), and honeycombhead, North Oregon Coast actions, and the species was added to we evaluated all relevant factors under DPS of red tree vole, sand verbena moth, the candidate species list. From 2011 the five listing factors, including any and skiff milkvetch to the appropriate through 2016, we addressed the status regulatory mechanisms and person, as specified under FOR FURTHER of skiff milkvetch annually in our conservation measures addressing these INFORMATION CONTACT, whenever it candidate notice of review, with the stressors. The primary stressors affecting becomes available. New information determination that listing was skiff milkvetch’s biological status will help us monitor these species and warranted but precluded (see 76 FR include periodic drought and climate make appropriate decisions about their 66370, October 26, 2011; 77 FR 69994, change. Other stressors were only found conservation and status. We encourage November 21, 2012; 78 FR 70104, to be having effects on individuals or local agencies and stakeholders to November 22, 2013; 79 FR 72450, local areas, or their impacts were not as continue cooperative monitoring and December 5, 2014; 80 FR 80584, great as previously thought. We found conservation efforts.

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References Cited submitted need not be resubmitted and requests for additional information to: Lists of the references cited in the will be fully considered in preparation WEST COAST DPS FISHER petition findings are available on the of the final determination. QUESTIONS, U.S. Fish and Wildlife internet at http://www.regulations.gov DATES: The public comment period on Service, Yreka Fish and Wildlife Office, in the dockets provided above in the revised proposed rule that published 1829 South Oregon Street, Yreka, CA 96097. Persons who use a ADDRESSES and upon request from the November 7, 2019, at 84 FR 60278, is appropriate person, as specified under reopened. We will accept comments telecommunications device for the deaf may call the Federal Relay Service at 1– FOR FURTHER INFORMATION CONTACT. received or postmarked on or before January 3, 2020. Please note that if you 800–877–8339. Authors are using the Federal eRulemaking SUPPLEMENTARY INFORMATION: The primary authors of this document Portal (see ADDRESSES, below), the Background are the staff members of the Species deadline for submitting an electronic Assessment Team, Ecological Services comment is 11:59 p.m. Eastern time on On November 7, 2019, we published Program. this date. in the Federal Register (84 FR 60278) a document that proposed: (1) Changes to ADDRESSES: You may submit comments Authority our October 7, 2014, proposed rule (79 by one of the following methods: The authority for this action is section (1) Electronically: Go to the Federal FR 60419) to list the West Coast DPS of 4 of the Endangered Species Act of eRulemaking Portal: http:// fisher as a threatened species under the 1973, as amended (16 U.S.C. 1531 et www.regulations.gov. In the Search box, Act (16 U.S.C. 1531 et seq.); and (2) a seq.). enter FWS–R8–ES–2018–0105, which is rule issued under section 4(d) of the Act for this DPS. The November 7, 2019, the docket number for the action. Then, Dated: December 10, 2019 Federal Register publication (84 FR click on the Search button. On the Margaret E. Everson, 60278) opened a 30-day public resulting page, in the Search panel on Principal Deputy Director, U.S. Fish and comment period, ending December 9, the left side of the screen, under the Wildlife Service, Exercising the Authority of 2019. The Service now reopens the Document Type heading, click on the the Director, U.S. Fish and Wildlife Service. comment period as specified above in Proposed Rule box to locate the correct [FR Doc. 2019–27334 Filed 12–18–19; 8:45 am] DATES. document. You may submit a comment BILLING CODE 4333–15–P See the November 7, 2019, Federal by clicking on ‘‘Comment Now!’’ Please Register publication (84 FR 60278) for ensure that you have found the correct more information about previous DEPARTMENT OF THE INTERIOR rulemaking before submitting your Federal actions concerning this DPS. comment. Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail Public Comments or hand delivery to: Public Comments We will accept comments and 50 CFR Part 17 Processing, Attn: Docket No. FWS–R8– information during this reopened ES–2018–0105, U.S. Fish and Wildlife [Docket No. FWS–R8–ES–2018–0105; comment period on our November 7, 4500030113] Service, MS: JAO/1N, 5275 Leesburg 2019, revised proposed rule (84 FR Pike, Falls Church, VA 22041–3803. 60278). We will consider information RIN 1018–BD85 We request that you send comments and recommendations from all only by the methods described above. interested parties. We intend that any Endangered and Threatened Wildlife We will post all comments on http:// and Plants; Threatened Species Status final action resulting from the proposal www.regulations.gov. This generally will be based on the best scientific and for West Coast Distinct Population means that we will post any personal Segment of Fisher With Section 4(d) commercial data available and will be as information you provide us (see Public accurate and as effective as possible. Rule Comments, below, for more Our final determination will take into AGENCY: Fish and Wildlife Service, information). consideration all comments and any Interior. Document availability: The revised additional information we receive proposed rule is available on http:// ACTION: Revised proposed rule; during the comment period. Therefore, www.regulations.gov at Docket No. reopening of public comment period. the final decision may differ from the FWS–R8–ES–2018–0105 and on our November 7, 2019, revised proposed SUMMARY: We, the U.S. Fish and website at https://www.fws.gov/Yreka. rule (84 FR 60278), based on our review Wildlife Service (Service), recently Comments and materials we received of all information we receive during this published a document proposing during a previous comment period, as rulemaking. Comments previously changes to our October 7, 2014, well as supporting documentation we submitted need not be resubmitted and proposed rule to list the West Coast used in preparing the preceding will be fully considered in preparation distinct population segment (DPS) of proposed rule, are also available for of the final determination. fisher (Pekania pennanti) as a public inspection at Docket No. FWS– Comments should be as specific as threatened species under the R8–ES–2014–0041. In addition, the possible. Please include sufficient Endangered Species Act (Act) and supporting files for the revised proposed information with your submission (such proposing a rule issued under section rule will be available for public as scientific journal articles or other 4(d) of the Act for this DPS. We inspection, by appointment, during publications) to allow us to verify any announced the opening of a 30-day normal business hours, at our Yreka scientific or commercial information public comment period on the revised Fish and Wildlife Office, 1829 South you assert. Please note that submissions proposed rule, ending December 9, Oregon Street, Yreka, CA 96097; merely stating support for, or opposition 2019. We now reopen the public telephone 530–842–5763. to, the action under consideration comment period for an additional 15 FOR FURTHER INFORMATION CONTACT: without providing supporting days, to allow all interested parties more Jenny Ericson, Field Supervisor, Yreka information, although noted, will not time to comment on the revised Fish and Wildlife Office, telephone: meet the standard of best available proposed rule. Comments previously 530–842–5763. Direct all questions or scientific and commercial data. Section

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