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Threatened Species Status for Kentucky Arrow Darter with 4(D) Rule; Proposed Rule

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Threatened Species Status for Kentucky Arrow Darter with 4(D) Rule; Proposed Rule Vol. 80 Thursday, No. 195 October 8, 2015 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Kentucky Arrow Darter With 4(d) Rule; Proposed Rule VerDate Sep<11>2014 17:17 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08OCP2.SGM 08OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 60962 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules DEPARTMENT OF THE INTERIOR Supervisor, U.S. Fish and Wildlife Information Requested Service, Kentucky Ecological Services Public Comments Fish and Wildlife Service Field Office, 330 West Broadway, Suite 265, Frankfort, KY 40601; telephone We intend that any final action 50 CFR Part 17 502–695–0468, x108; facsimile 502– resulting from this proposed rule will be based on the best scientific and [Docket No. FWS–R4–ES–2015–0132; 695–1024. Persons who use a 4500030113] telecommunications device for the deaf commercial data available and be as (TDD) may call the Federal Information accurate and as effective as possible. RIN 1018–AZ09 Relay Service (FIRS) at 800–877–8339. Therefore, we request comments or information from other concerned Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: governmental agencies, Native and Plants; Threatened Species Status Executive Summary American tribes, the scientific for Kentucky Arrow Darter With 4(d) community, industry, or any other Rule Why we need to publish a rule. Under the Endangered Species Act (Act), if we interested parties concerning this AGENCY: Fish and Wildlife Service, find that a species may be an proposed rule. We particularly seek Interior. endangered or threatened species comments concerning: ACTION: Proposed rule. throughout all or a significant portion of (1) The Kentucky arrow darter’s its range, we are required to promptly biology, range, and population trends, SUMMARY: We, the U.S. Fish and publish a proposed rule to list the including: Wildlife Service (Service), propose to species in the Federal Register and (a) Biological or ecological list the Kentucky arrow darter make a final determination on our requirements of the species, including (Etheostoma spilotum), a fish species proposal within 1 year. Listing a species habitat requirements for feeding, from the upper Kentucky River basin in as an endangered or threatened species breeding, and sheltering; Kentucky, as a threatened species under (b) Genetics and taxonomy; can only be completed by issuing a rule. the Endangered Species Act (Act). If we (c) Historical and current range, This rule proposes the listing of the finalize this rule as proposed, it would including distribution patterns; Kentucky arrow darter (Etheostoma extend the Act’s protections to this (d) Historical and current population spilotum) as a threatened species. The species. levels, and current and projected trends; Kentucky arrow darter is a candidate and DATES: We will accept comments species for which we have on file (e) Past and ongoing conservation received or postmarked on or before sufficient information on biological measures for the species, its habitat, or December 7, 2015. Comments submitted vulnerability and threats to support both. electronically using the Federal preparation of a listing proposal, but for (2) Factors that may affect the eRulemaking Portal (see ADDRESSES, which development of a listing rule has continued existence of the species, below) must be received by 11:59 p.m. until now been precluded by other which may include habitat modification Eastern Time on the closing date. We higher priority listing activities. This or destruction, overutilization, disease, must receive requests for public rule assesses all available information predation, the inadequacy of existing hearings, in writing, at the address regarding the status of and threats to the regulatory mechanisms, or other natural FOR FURTHER INFORMATION shown in Kentucky arrow darter. Elsewhere in or manmade factors. CONTACT by November 23, 2015. today’s Federal Register, we propose to (3) Biological, commercial trade, or ADDRESSES: You may submit comments designate critical habitat for the other relevant data concerning any by one of the following methods: Kentucky arrow darter under the Act. threats (or lack thereof) to this species (1) Electronically: Go to the Federal The basis for our action. Under the and existing regulations that may be eRulemaking Portal: http:// Act, we may determine that a species is addressing those threats. www.regulations.gov. In the Search box, an endangered or threatened species (4) Additional information concerning enter FWS–R4–ES–2015–0132, which is based on any of five factors: (A) The the historical and current status, range, the docket number for this rulemaking. present or threatened destruction, distribution, and population size of this Then, in the Search panel on the left modification, or curtailment of its species, including the locations of any side of the screen, under the Document habitat or range; (B) overutilization for additional populations of this species. Type heading, click on the Proposed commercial, recreational, scientific, or (4) Whether measures outlined in the Rules link to locate this document. You educational purposes; (C) disease or proposed species-specific rule under may submit a comment by clicking on predation; (D) the inadequacy of section 4(d) of the Act are necessary and ‘‘Comment Now!’’ existing regulatory mechanisms; or (E) advisable for the conservation and (2) By hard copy: Submit by U.S. mail other natural or manmade factors management of the Kentucky arrow or hand-delivery to: Public Comments affecting its continued existence. We darter. Processing, Attn: FWS–R4–ES–2015– have determined that the Kentucky (5) Additional provisions that may be 0132; U.S. Fish and Wildlife Service, arrow darter warrants listing based on appropriate to except incidental take as MS: BPHC, 5275 Leesburg Pike, Falls three of the five factors (A, D, and E). a result of other categories of activities Church, VA 22041–3803. We will seek peer review. We will seek beyond those covered by this proposed We request that you send comments comments from independent specialists species-specific rule and, if so, under only by the methods described above. to ensure that our listing determination what conditions and with what We will post all comments on http:// is based on scientifically sound data, conservation measures, in order to www.regulations.gov. This generally assumptions, and analyses. We will conserve, recover, and manage the means that we will post any personal invite these peer reviewers to comment Kentucky arrow darter. information you provide us (see Public on our listing proposal. Because we will (6) Comments and suggestions, Comments, below, for more consider all comments and information particularly from Federal agencies and information). we receive during the comment period, other interested stakeholders that may FOR FURTHER INFORMATION CONTACT: our final determination may differ from be affected by the 4(d), regarding Virgil Lee Andrews, Jr., Field this proposal. additional guidance and methods that VerDate Sep<11>2014 17:17 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08OCP2.SGM 08OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules 60963 the Service could provide or utilize, Peer Review a slender body, elongated snout, respectively, to streamline the In accordance with our joint policy on relatively large mouth, and virtually implementation of this 4(d) rule. peer review published in the Federal scaleless head (Kuehne and Barbour Please include sufficient information Register on July 1, 1994 (59 FR 34270), 1983, p. 71; Etnier and Starnes 1993, p. with your submission (such as scientific we will seek the expert opinions of five 523). The Kentucky arrow darter’s journal articles or other publications) to appropriate and independent specialists background color is straw yellow to pale allow us to verify any scientific or regarding this proposed rule. The greenish, and the body is also covered commercial information you include. purpose of peer review is to ensure that by a variety of stripes and blotches. The Please note that submissions merely our listing determination is based on back is crossed by 5 to 7 weak dorsal stating support for or opposition to the scientifically sound data, assumptions, saddles, some of which may fuse with action under consideration without and analyses. The peer reviewers have the 8 to 11 vertical lateral blotches providing supporting information, expertise in the Kentucky arrow darter’s (Kuehne and Barbour 1983, p. 71; Etnier although noted, will not be considered biology, habitat, threats, etc., which will and Starnes 1993, p. 523). The blotches in making a determination, as section inform our determination. We will are generally oval with pale centers at 4(b)(1)(A) of the Act (16 U.S.C. 1531 et invite comment from the peer reviewers the front of the body but extend seq.) directs that determinations as to during this public comment period. downward and may resemble the letters whether any species is an endangered or N, W, U, or V toward the back of the Previous Federal Action threatened species must be made body. A dark vertical bar occurs at the ‘‘solely on the basis of the best scientific The Kentucky arrow darter was first base of the caudal fin, sometimes and commercial data available.’’ identified as a candidate for protection separated by two distinct spots. The under the Act in the November 10, belly is pale (Kuehne and Barbour 1983, You may submit your comments and p. 71). During the spawning season, materials concerning this proposed rule 2010, Federal Register (75 FR 69222). Candidate species are those fish, breeding males exhibit vibrant by one of the methods listed in the coloration. Most of the body is blue- ADDRESSES section.
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