Federal Register/Vol. 82, No. 120/Friday, June 23, 2017/Rules
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28582 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations * * * * * 0210. Persons who use a Hualapai Mexican vole populations Dated: June 13, 2017. telecommunications device for the deaf (Service 1991, pp. iv-6). The recovery Virginia H. Johnson, (TDD) may call the Federal Relay plan outlined recovery objectives and Service at 800–877–8339. dictated management and research Acting Assistant Secretary for Fish and priorities, but did not contain recovery Wildlife and Parks. FOR FURTHER INFORMATION CONTACT: Steven Spangle, Field Supervisor, U.S. criteria for changing the subspecies’ [FR Doc. 2017–13163 Filed 6–22–17; 8:45 am] status from endangered to threatened BILLING CODE 4333–15–P Fish and Wildlife Service, Arizona Ecological Services Field Office (see (i.e., downlisting) or for removing the ADDRESSES), telephone 602–242–0210. subspecies from the List of Endangered and Threatened Wildlife (i.e., delisting) DEPARTMENT OF THE INTERIOR Individuals who are hearing impaired or speech-impaired may call the Federal because of lack of biological information Fish and Wildlife Service Relay Service at 800–877–8339 for TTY in order to develop objective, assistance. measurable criteria (Service 1991, p. iv). 50 CFR Part 17 SUPPLEMENTARY INFORMATION: Petition History [Docket No. FWS–R2–ES–2015–0028; Background On August 23, 2004, we received a FXES11130900000–178–FF09E42000] petition dated August 18, 2004, from the Under the Endangered Species Act of Arizona Game and Fish Department RIN 1018–AX99 1973, as amended (Act; 16 U.S.C. 1531 (AGFD) requesting that the Hualapai et seq.), we administer the Federal Lists Mexican vole be removed from the Endangered and Threatened Wildlife of Endangered and Threatened Wildlife and Plants; Removal of the Hualapai Federal List of Endangered and and Plants, which are set forth in title Threatened Wildlife (List) under the Mexican Vole From the Federal List of 50 of the Code of Federal Regulations at Endangered and Threatened Wildlife Act. The petition clearly identified itself part 17 (50 CFR 17.11 and 17.12). The as such and included the requisite AGENCY: Fish and Wildlife Service, factors for listing, delisting, or identification information for the Interior. reclassifying species are described at 50 petitioners, as required at 50 CFR CFR 424.11. According to section 3(16) ACTION: Final rule. 424.14(a). Included in the petition was of the Act, we may list any of three information in support of delisting the SUMMARY: Under the authority of the categories of vertebrate animals: A Hualapai Mexican vole based on an Endangered Species Act of 1973, as species, subspecies, or a distinct error in original classification due to amended (Act), we, the U.S. Fish and population segment of a vertebrate evidence that the Hualapai Mexican Wildlife Service (Service), are removing species of wildlife. We refer to each of vole is not a valid subspecies. the Hualapai Mexican vole (Microtus these categories as a ‘‘listable entity.’’ If The petition asserts that the original mexicanus hualpaiensis) from the we determine that there is a species, or scientific data used at the time the Federal List of Endangered and ‘‘listable entity,’’ for the purposes of the subspecies was classified were in error Threatened Wildlife due to recent data Act, our status review next evaluates and that the best available scientific indicating that the original classification whether the species meets the data do not support the taxonomic is now erroneous. This action is based definitions of an ‘‘endangered species’’ recognition of the Hualapai Mexican on a thorough review of the best or a ‘‘threatened species’’ because of any vole as a distinguishable subspecies available scientific and commercial of the five listing factors established (AGFD 2004, p. 4). The petition’s information, which indicates that the under section 4(a)(1) of the Act. assertions are primarily based on the currently listed subspecies is not a valid Delisting may be warranted as a result results of an unpublished genetic taxonomic entity. Therefore, we are of: (1) Extinction; (2) recovery; or (3) a analysis (Busch et al. 2001) and on removing the entry for the Hualapai determination that the original scientific taxonomic and genetic reviews of Busch Mexican vole from the Federal List of data used at the time the species was et al.’s 2001 report. The petition did not Endangered and Threatened Wildlife listed, or interpretation of that data, claim that the Hualapai Mexican vole is because subsequent investigations have were in error. We examine whether the extinct or has been recovered (no longer shown that the best scientific or Hualapai Mexican vole is a valid an endangered or threatened species), commercial data available when the subspecies, and thus a ‘‘species’’ (or nor do we have information in our files subspecies was listed were in error. listable entity) as defined in section 3 of indicating such. However, the petition the Act. did indicate that ‘‘fieldwork and genetic DATES: This rule is effective July 24, analyses have documented at least 2017. Previous Federal Actions seven, but likely 14, populations ADDRESSES: This final rule is available We listed the Hualapai Mexican vole (including one in Utah) of M. m. on the Internet at http:// as an endangered subspecies on October hualpaiensis.’’ Only one population was www.regulations.gov under Docket No. 1, 1987, without critical habitat (52 FR known at the time of listing. FWS–R2–ES–2015–0028 and at the 36776). At the time of listing, the On May 15, 2008, we announced a 90- Service’s Web sites at http:// primary threats to the Hualapai Mexican day finding in the Federal Register (73 www.fws.gov/southwest/es/arizona and vole were degraded habitat due to FR 28094) that the petition presented http://www.fws.gov/endangered. drought, elimination of ground cover substantial information to indicate that Comments and materials received, as from grazing by livestock and elk the petitioned action may be warranted. well as supporting documentation used (Cervus elaphus), and human recreation. On June 4, 2015, we published a in the preparation of this rule, are A recovery plan for the Hualapai warranted 12-month finding on the available for public inspection, by Mexican vole was completed in August petition and a proposed rule to remove appointment, during normal business 1991 (Service 1991, pp. 1–28). At that the Hualapai Mexican vole from the List hours at: U.S. Fish and Wildlife Service, time, grazing, mining, road because the original scientific Arizona Ecological Services Field construction, recreational uses, erosion, classification is no longer the Office, 9828 North 31st Avenue, and nonnative wildlife were attributed appropriate determination for the Phoenix, AZ 85051; telephone 602–242– as the reasons for the decline in subspecies (80 FR 31875), meaning that VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 Pmangrum on DSK7TPTVN1PROD with RULES Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28583 current data indicate that the original future taxonomic evaluation of voles Also, in a study of montane voles, Frey classification is now erroneous. On from the Music Mountains and Prospect (2009, p. 219) supported the earlier December 22, 2016, we reopened the Valley should confirm that they are study conducted by Frey and LaRue comment period on the proposed rule to indeed the Hualapai Mexican vole (1993, pp. 176–177), which separated remove the Hualapai Mexican vole from subspecies, then they would be the vole species Microtus mogollonensis the List (81 FR 93879). We published a considered part of the federally listed and Microtus mexicanus. The Integrated summary of the proposed rule in the entity. However, we never recognized Taxonomic Information System 1 (ITIS) Kingman Daily Miner newspaper on Hualapai Mexican voles outside of the indicates that Microtus mexicanus January 29, 2017. Hualapai Mountains. Mountains due to hualpaiensis (Goldman, 1938) is an insufficient data to support recognition invalid taxon and indicates that the Species Description of additional populations. valid taxon is Microtus mexicanus for Taxonomy In May 1998, we reviewed Frey and the Hualapai Mexican vole (http:// Yates’ 1995 unpublished report, Goldman (1938, pp. 493–494) www.itis.gov/servlet/SingleRpt/ ‘‘Hualapai Vole (Microtus mexicanus SingleRpt?search_topic=TSN&search_ described and named the Hualapai hualapaiensis) Genetic Study,’’ to value=202377). For consistency with all Mexican vole as Microtus mexicanus determine if Hualapai Mexican voles previous Federal actions, including the hualapaiensis in 1938 based on four occur in additional areas outside of the scientific name that appears on the specimens. Cockrum (1960, p. 210), Hall Hualapai Mountains. We found that the Federal List of Endangered and (1981, p. 481), and Hoffmeister (1986, report did not provide sufficient data for Threatened Wildlife, we refer to the pp. 444–445) all recognized Goldman’s us to conclude that populations outside Hualapai Mexican vole subspecies as description of the subspecies, and the Hualapai Mountains were Hualapai Microtus mexicanus hualpaiensis in this Hoffmeister (1986, pp. 444–445) further Mexican voles. On May 29, 1998, the rule because that is the entity we listed recognized the Microtus mexicanus Southwest Regional Director’s Office in 1987. However, many of the hualapaiensis subspecies based on an issued a memo to the Arizona Ecological reviewers and documents that are examination of morphological Services Field Office stating that the referenced refer to voles in Arizona as characteristics from seven additional Service would only consult on voles in Microtus mogollonensis. The ITIS specimens collected in two areas (i.e., the Hualapai Mountains until further indicates that Microtus mogollonensis Hualapai Mountains and the lower end investigations result in data definitive (Frey and LaRue 1993, pp.