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Designation of Critical Habitat for the Sierra Nevada Bighorn Sheep (Ovis Canadensis Californiana) and Proposed Taxonomic Revision; Proposed Rule

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Designation of Critical Habitat for the Sierra Nevada Bighorn Sheep (Ovis Canadensis Californiana) and Proposed Taxonomic Revision; Proposed Rule Wednesday, July 25, 2007 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Bighorn Sheep (Ovis canadensis californiana) and Proposed Taxonomic Revision; Proposed Rule VerDate Aug<31>2005 20:27 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 40956 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR (TDD), call the Federal Information including or excluding any areas that Relay Service (FIRS) at 800–877–8339. exhibit those impacts; and Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (6) Whether we could improve or modify our approach to designating 50 CFR Part 17 Public Comments Solicited critical habitat in any way to provide for RIN 1018–AV05 We intend that any final action greater public participation and resulting from this proposal will be as understanding, or to better Endangered and Threatened Wildlife accurate and as effective as possible. accommodate public concerns and and Plants; Designation of Critical Therefore, we seek comments or comments. Habitat for the Sierra Nevada Bighorn suggestions on this proposed rule. We If you wish to comment, you may Sheep (Ovis canadensis californiana) particularly seek comments concerning: submit your comments and materials and Proposed Taxonomic Revision (1) The reasons why we should or concerning this proposal by any one of should not designate habitat as ‘‘critical several methods (see ADDRESSES). If you AGENCY: Fish and Wildlife Service, habitat’’ under section 4 of the Act (16 use e-mail to submit your comments, Interior. U.S.C. 1531 et seq.), including whether please include ‘‘Attn: Sierra Nevada ACTION: Proposed rule. the benefit of designation will outweigh bighorn sheep’’ in your e-mail subject threats to the species caused by header. If you do not receive a SUMMARY: We, the U.S. Fish and designation such that the designation of confirmation from the system that we Wildlife Service (Service), propose to critical habitat is prudent; have received your e-mail, contact us designate critical habitat for the Sierra (2) Specific information on: directly by calling our Nevada Fish and Nevada bighorn sheep (Ovis canadensis • The amount and distribution of Wildlife Office at 775–861–6300. Please californiana) under the Endangered Sierra Nevada bighorn sheep habitat, note that comments must be received by Species Act of 1973, as amended (Act). • What areas should be included in the date specified in the DATES section In total, approximately 417,577 acres the designations that were occupied at in order to consider them in our final (ac) (168,992 hectares (ha)) fall within the time of listing that contain the determination and that the e-mail the boundaries of the proposed critical features that are essential for the address [email protected] will be habitat designation. The proposed conservation of the subspecies and why, closed out at the termination of the critical habitat is located in Tuolumne, and public comment period. Mono, Fresno, Inyo, and Tulare • What areas not occupied at the Before including your address, phone counties, California. We also propose a listing are essential to the conservation number, e-mail address, or other taxonomic revision of the listed entity of the subspecies and why; personal identifying information in your from distinct population segment (DPS) (3) Any proposed critical habitat areas comment—you should be aware that to subspecies, Ovis canadensis sierrae, covered by existing or proposed your entire comment—including your based on recent published information. conservation or management plans that personal identifying information—may DATES: We will accept comments from we should consider for exclusion from be made publicly available at any time. all interested parties until September the designation under section 4(b)(2) of While you can ask us in your comments 24, 2007. We must receive requests for the Act. We specifically request to withhold your personal identifying public hearings, in writing, at the comment on the appropriateness of information from public review, we address shown in the ADDRESSES section including or excluding lands covered cannot guarantee that we will be able to by September 10, 2007. by: (a) The Sierra Nevada Bighorn Sheep do so. Recovery and Conservation Plan (Sierra ADDRESSES: If you wish to comment on Bighorn Sheep Interagency Advisory Background this proposed rule, you may submit Group 1984); (b) the Bighorn Sheep It is our intent to discuss only those your comments and materials by any Management Plan (National Park topics directly relevant to the one of several methods: Service 1986); (c) the Inyo National designation of critical habitat in this 1. By mail or hand-deliver to Robert Forest Resource & Management Plan proposed rule. For more information on D. Williams, Field Supervisor, U.S. Fish (U.S. Forest Service 1988); and (d) the the Sierra Nevada bighorn sheep, refer and Wildlife Service, Nevada Fish and Conservation Strategy for Sierra Nevada to the final listing rule published in the Wildlife Office, 1340 Financial Bighorn Sheep (Sierra Nevada Bighorn Federal Register on January 3, 2000 (65 Boulevard, Suite 234, Reno, NV 89502– Sheep Interagency Advisory Group FR 20). However, some of this 7147. 1997). We request comment on how information will need to be cited or 2. By electronic mail (e-mail) to these plans do or do not benefit or discussed in the substantive analyses [email protected]. Please see the protect the Sierra Nevada bighorn below, where appropriate, such as the Public Comments Solicited section sheep, or its primary constituent description of the primary constituent below for other information about elements, and if the benefit or elements (PCEs) and proposed critical electronic filing. protection provided by these plans is habitat units. 3. By fax to the attention of Robert D. equal to or greater than the benefit that The bighorn sheep (Ovis canadensis) Williams, Field Supervisor at 775–861– would be provided by designation of is a large mammal in the family Bovidae 6301. critical habitat; described by Shaw in 1804 (Shackleton 4. Via the Federal eRulemaking Portal (4) Land use designations and current 1985, p. 1). Cowen (1940, pp. 519–569) at: http://www.regulations.gov. Follow or planned activities in the subject areas recognized several subspecies based on the instructions for submitting and their possible impacts on proposed geography and skull measurements. comments. critical habitat; Recent genetic (Ramey 1993, pp. 82–86; FOR FURTHER INFORMATION CONTACT: (5) Any foreseeable economic, 1995, pp. 432–434; Boyce et al. 1996, Robert D. Williams, Field Supervisor, national security, or other potential pp. 423–426, 429; Gutierrez-Espeleta et Nevada Fish and Wildlife Office, at the impacts resulting from the proposed al. 1998, pp. 7–9, 11) and morphological address or telephone number listed designation and, in particular, any data (Wehausen and Ramey 1993, pp. 4– under ADDRESSES. If you use a impacts on small entities, and 8; 2000, pp. 148–153), and review and telecommunications device for the deaf information about the benefits of reanalysis of Cowan’s data (Ramey 1993, VerDate Aug<31>2005 20:27 Jul 24, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25JYP2.SGM 25JYP2 rwilkins on PROD1PC63 with PROPOSALS2 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules 40957 p. 83), do not support Cowan’s original 21; January 3, 2000). During winter, Previous Federal Actions subspecies differentiation. Ramey (1993, these sheep occupy high elevation, On April 20, 1999, we published an pp. 71–72; 1995, p. 432) found, based on windswept ridges and tend to prefer emergency rule listing the Sierra Nevada mitochondrial DNA, bighorn sheep from south-facing slopes where snow melts DPS of the California bighorn sheep the Sierra Nevada to be more allied with more readily (Jones 1950, pp. 44–45; (SNBS) as endangered (64 FR 19300) sheep occupying the adjacent desert McCullough and Schneegas 1966, p. 71; providing emergency protections to the area than those to the north. Ramey Wehausen 1980, pp. 86–87) or migrate DPS until such time that we could (1993, pp. 67–68; 1995, pp. 433, 435) to lower elevations (4,800 ft (1,460 m)) complete the normal listing process. We also found Sierra Nevada bighorn sheep in the sagebrush-steppe areas to avoid also published a proposed rule to list to be a distinctive group in the desert deep snow and to find forage. the DPS on the same date (64 FR 19333). Sierra Nevada bighorn sheep are region extending east to Utah and New On January 3, 2000, we published a gregarious with group size and Mexico and south to northern Mexico. final rule listing the SNBS DPS as composition depending on gender and Recent morphometric analyses of skull endangered (65 FR 20). The emergency season. Spatial segregation by gender shape confirm genetic results rule stated that the designation of occurs outside of the mating season. (Wehausen and Ramey 2000, pp. 148– critical habitat was not determinable Ewes generally remain with the same 153). Based on both genetic and due to lack of information sufficient to morphometric data, Wehausen and band in which they were born (Cowan and Geist 1971, pp. 80–81). Males older perform the required analysis of impacts Ramey (2000, p. 156) reassigned of the designation. In the final listing California bighorn sheep populations than two years of age remain apart from females and younger males for most of rule we stated our revised outside of the Sierra Nevada to other determination: That there is sufficient subspecies, thus recognizing bighorn the year (Jones 1950, p.
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