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Department of the Interior Vol. 79 Thursday, No. 224 November 20, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Status for Gunnison Sage-Grouse; Final Rule VerDate Sep<11>2014 13:26 Nov 19, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20NOR2.SGM 20NOR2 rmajette on DSK2VPTVN1PROD with RULES2 69192 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR species can only be completed by provide conservation benefit to the issuing a rule. In this case, we are species. The Candidate Conservation Fish and Wildlife Service required by a judicially approved Agreement with Assurances for settlement agreement to make a final Gunnison sage-grouse (CCAA), 50 CFR Part 17 determination regarding the Gunnison Gunnison Basin Candidate Conservation [Docket No. FWS–R6–ES–2012–0108; sage-grouse by no later than November Agreement (CCA), conservation plans, 4500030114] 12, 2014. Elsewhere in today’s Federal multi-county commitments, habitat Register we finalize the designation of improvement projects, and similar non- RIN 1018–AZ20 critical habitat for the species. regulatory conservation actions that This rule will finalize the listing of the address habitat-related impacts and Endangered and Threatened Wildlife Gunnison sage-grouse (Centrocercus issues are described and evaluated and Plants; Threatened Status for minimus) as a threatened species. under Factor A in this rule. Federal, Gunnison Sage-Grouse The basis for our action. Under the State, and local laws and regulations, AGENCY: Fish and Wildlife Service, Endangered Species Act, we can conservation easements, and other Interior. determine that a species is an regulatory mechanisms are evaluated endangered or threatened species based ACTION: Final rule. under Factor D. Scientific research on any of five factors: (A) The present activities are described under Factor B SUMMARY: We, the U.S. Fish and or threatened destruction, modification, and throughout this rule where Wildlife Service (Service), determine or curtailment of its habitat or range; (B) applicable. Also, conservation efforts threatened species status under the Overutilization for commercial, are described and evaluated as Endangered Species Act of 1973, as recreational, scientific, or educational appropriate under relevant threat amended (Act), for the Gunnison sage- purposes; (C) Disease or predation; (D) sections throughout this rule. grouse (Centrocercus minimus), a bird The inadequacy of existing regulatory Peer review and public comment. We species from southwestern Colorado and mechanisms; or (E) Other natural or sought comments on the proposed rule southeastern Utah. The effect of this manmade factors affecting its continued from independent and qualified regulation will be to add the Gunnison existence. specialists to ensure that our sage-grouse to the List of Endangered As described in detail below, we have determination is based on scientifically and Threatened Wildlife. determined that the most substantial sound data, assumptions, and analyses. threats to Gunnison sage-grouse DATES: This rule is effective December We invited these peer reviewers to 22, 2014. currently and in the future include comment on our listing proposal. We habitat decline due to human also considered all comments and ADDRESSES: This final rule is available disturbance (Factor A), small population on the internet at http:// information received during each public size and structure (Factor E), drought comment period. www.regulations.gov and http:// (Factor E), climate change (Factor A), www.fws.gov/mountain-prairie/species/ and disease (Factor C). Other threats Previous Federal Actions birds/gunnisonsagegrouse. Comments that are impacting Gunnison sage-grouse Please refer to the proposed listing and materials we received, as well as to a lesser degree or in localized areas rule for the Gunnison sage-grouse (78 supporting documentation we used in include grazing practices inconsistent FR 2486, January 11, 2013) for a detailed preparing this rule, are available for with local ecological conditions, fences, description of previous Federal actions public inspection at http:// invasive plants, fire, mineral concerning this species. Federal actions www.regulations.gov. All of the development, pin˜ on-juniper that have occurred since that comments, materials, and encroachment, large-scale water publication are described below. documentation that we considered in development (Factor A); predation On January 11, 2013, we published a this rulemaking are available by (Factor C), primarily in association with rule proposing to list the Gunnison sage- appointment, during normal business anthropogenic disturbance and habitat grouse as endangered throughout its hours at: U.S. Fish and Wildlife Service, decline due to human disturbance range (78 FR 2486), and a proposed rule Western Colorado Field Office, 445 (Factor A); and recreation (Factor E). As to designate 1.7 million acres of critical West Gunnison Avenue, Suite 240, described in Factor D below, some habitat for the species (78 FR 2540). We Grand Junction, CO 81501–5720; existing regulatory mechanisms are in opened a public comment period until telephone 970–243–2778. place to conserve Gunnison sage-grouse, March 12, 2013, that was subsequently FOR FURTHER INFORMATION CONTACT: but individually or collectively they do extended until April 2, 2013 (78 FR Susan Linner, Field Supervisor, U.S. not fully address the substantial threats 15925, March 13, 2013). Fish and Wildlife Service, Colorado faced by the species, particularly habitat On July 19, 2013, we announced that Ecological Services Office, 134 Union decline, small population size and we were extending the final rule Blvd., Suite 670, P.O. Box 25486 DFC, structure, drought, climate change, and deadline by 6 months, from September Denver, CO 80225; telephone 303–236– disease. The threats listed above are also 30, 2013, to March 31, 2014; and 4774. Persons who use a acting cumulatively, contributing to the reopened the comment period until telecommunications device for the deaf challenges faced by Gunnison sage- September 3, 2013 (78 FR 43123). This (TDD) may call the Federal Information grouse now and into the future. extension served to solicit additional Relay Service (FIRS) at 800–877–8339. Multiple partners, including private scientific information due to scientific SUPPLEMENTARY INFORMATION: citizens, nongovernmental disagreement regarding the sufficiency organizations, and Tribal, State, and and accuracy of the available data Executive Summary Federal agencies, are engaged in relevant to our listing determinations for Why we need to publish a rule. Under conservation efforts across the range of Gunnison sage-grouse. the Endangered Species Act a species Gunnison sage-grouse. Numerous On September 19, 2013, we may warrant protection through listing conservation actions have been announced the availability of a draft if it is endangered or threatened as those implemented or are planned for economic analysis and draft terms are defined in the Act. Listing a Gunnison sage-grouse, and these efforts environmental assessment for our species as an endangered or threatened have provided and will continue to proposal to designate critical habitat for VerDate Sep<11>2014 13:26 Nov 19, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20NOR2.SGM 20NOR2 rmajette on DSK2VPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations 69193 Gunnison sage-grouse, and reopened the Service with additional time to whenever the scientific data and public comment period on those complete a final listing determination information is relevant to both species. subjects and the proposed listing and for the Gunnison sage-grouse, and if Species Information critical habitat rules until October 19, listed, a final critical habitat 2013. We also announced two planned designation. In the event the Service A detailed summary of Gunnison public informational sessions and decided to list the species as threatened, sage-grouse taxonomy, the species public hearings for the proposed rules the court order also allowed for the description, historical distribution, (78 FR 57604). Service to publish a proposed rule habitat, and life-history characteristics On November 4, 2013, we reopened under section 4(d) of the Act (which are can be found in the 12-month finding the public comment period on the only available for threatened species) published September 28, 2010 (75 FR proposed rules until December 2, 2013, and finalize it with the final listing 59804). More recent scientific and announced the rescheduling of determination on November 12, if information relevant to the species and three public information sessions and appropriate. We decided not to propose our evaluation of the species is included public hearings that were postponed and finalize a 4(d) rule for the Gunnison throughout this final rule. due to the lapse in government sage-grouse at this time, but continue to appropriations in October 2013 (78 FR evaluate the potential for issuing a Current Distribution and Population 65936). section 4(d) rule in the future to tailor Estimates and Trends Public information sessions and the take prohibitions of the Act to those public hearings were held in Gunnison, Gunnison sage-grouse currently occur necessary and advisable to provide for in seven populations in Colorado and
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