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Federal Register/Vol. 78, No. 213/Monday 65938 Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Proposed Rules and draft EA under Docket No. FWS– also constitutes our 12-month finding Executive Summary R6–ES–2011–0111. on a petition to remove the Inyo Purpose of Regulatory Action For additional details on specific California towhee from the Federal List information we are requesting during of Endangered and Threatened Wildlife. In 2011, we received a petition from this public comment period, please see We are seeking information and The Pacific Legal Foundation to remove the Public Comments section in our comments from the public on this from the Federal List of Endangered and September 19, 2013, Federal Register proposed rule and the post-delisting Threatened Wildlife (delist) the Inyo document (78 FR 57604), which monitoring plan. The Inyo California California towhee based on the analysis reopened the previous comment period. towhee occurs only in Inyo County, and recommendations contained in our California. 2008 5-year status review of the species Authors (Service 2008, p. 20). In 2012, we The primary authors of this document DATES: The finding announced in this published a 90-day finding (77 FR are the staff members of the Regional document was made on November 4, 32922) that concluded that the petition Office and Western Colorado Field 2013. We will accept comments presented substantial scientific or Office, Mountain-Prairie Region, U.S. received or postmarked on or before commercial information indicating that Fish and Wildlife Service. January 3, 2014. Please note that if you the petitioned action may be warranted are using the Federal eRulemaking and initiated a status review. After Authority Portal (see ADDRESSES), the deadline for review of all available scientific and The authority for this action is the submitting an electronic comment is commercial information, we find that Endangered Species Act of 1973, as Eastern Standard Time on this date. We delisting the Inyo California towhee is amended (16 U.S.C. 1531 et seq.). must receive requests for public warranted due to recovery and we hearings, in writing, at the address propose to remove this taxon from the Dated: October 28, 2013. shown in the FOR FURTHER INFORMATION Federal List of Endangered and Rachel Jacobsen, CONTACT section by December 19, 2013. Threatened Wildlife. This document Principal Deputy Assistant Secretary for Fish ADDRESSES: Comment submission: You consists of: (1) A 12-month finding in and Wildlife and Parks. response to a petition to remove the [FR Doc. 2013–26332 Filed 11–1–13; 8:45 am] may submit comments on the proposed rule and the post-delisting monitoring Inyo California towhee from the Federal BILLING CODE 4310–55–P plan by one of the following methods: List of Endangered and Threatened Wildlife; (2) a proposed rule to delist (1) Electronically: Go to the Federal the Inyo California towhee; and (3) a eRulemaking Portal: http:// DEPARTMENT OF THE INTERIOR notice of availability of a draft post- www.regulations.gov. In the Search box, delisting monitoring plan. Fish and Wildlife Service enter FWS–R8–ES–2013–0113, which is the docket number for this rulemaking. Basis for Finding 50 CFR Part 17 You may submit a comment by clicking Under the Endangered Species Act [Docket No. FWS–R8–ES–2013–0113: on ‘‘Comment Now!’’ (Act), a species may be determined to be 4500030113] (2) By hard copy: Submit by U.S. mail endangered or threatened because of or hand-delivery to: Public Comments any of five factors: (A) The present or RIN 1018–AY80 Processing, Attn: FWS–R8–ES–2013– threatened destruction, modification, or Endangered and Threatened Wildlife 0113; Division of Policy and Directives curtailment of its habitat or range; (B) and Plants; 12-Month Finding on a Management; U.S. Fish and Wildlife overutilization for commercial, Petition and Proposed Rule To Service; 4401 N. Fairfax Drive, MS recreational, scientific, or educational Remove the Inyo California Towhee 2042–PDM; Arlington, VA 22203. purposes; (C) disease or predation; (D) (Pipilo crissalis eremophilus = We request that you send comments the inadequacy of existing regulatory Melozone crissalis eremophilus) From only by the methods described above. mechanisms; or (E) other natural or the Federal List of Endangered and We will post all comments on http:// manmade factors affecting its continued Threatened Wildlife www.regulations.gov. This generally existence. We must consider the same means that we will post any personal factors in delisting a species. We may AGENCY: Fish and Wildlife Service, information you provide us (see the delist a species if the best scientific and Interior. Information Requested section below for commercial data indicate the species is ACTION: Notice of petition finding; more information). neither threatened nor endangered for proposed rule; notice of availability of a Document availability: A copy of the one or more of the following reasons: (1) draft post-delisting monitoring plan. post-delisting monitoring plan can be The species is extinct; (2) the species viewed at http://www.regulations.gov has recovered and is no longer SUMMARY: We, the U.S. Fish and under Docket No. FWS–R8–ES–2013– threatened or endangered; or (3) the Wildlife Service (Service), propose to 0113, or at the Ventura Fish and original scientific data used at the time remove the Inyo California towhee Wildlife Office’s Web site at http:// the species was classified were in error. (Pipilo crissalis eremophilus = Melozone www.fws.gov/ventura/. Threats to the Inyo California towhee crissalis eremophilus) from the Federal at the time of listing included grazing by List of Endangered and Threatened FOR FURTHER INFORMATION CONTACT: feral equines, recreational activities Wildlife due to recovery. This action is Stephen P. Henry, Deputy Field (hiking, camping, hunting, and off- based on a review of the best available Supervisor, Ventura Fish and Wildlife highway vehicle (OHV) use), water scientific and commercial information, Office (see ADDRESSES); by telephone diversion, and mining. Potential threats which indicates that the species is no 805–644–1766; or by facsimile (fax) at identified since listing include energy longer threatened with extinction. This 805–644–3958. If you use a development, invasive and nonnative proposed rule, if made final, would also telecommunications device for the deaf plants, predation (including nest remove the currently designated critical (TDD), call the Federal Information parasitism), and climate change. We habitat for the Inyo California towhee Relay Service (FIRS) at 800–877–8339. consider the Inyo California towhee to throughout its range. This document SUPPLEMENTARY INFORMATION: be recovered because all substantial VerDate Mar<15>2010 16:13 Nov 01, 2013 Jkt 232001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1 EMCDONALD on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Proposed Rules 65939 threats to the towhee have been delisting rule (see Post-Delisting Previous Federal Actions ameliorated or reduced since listing. All Monitoring Plan Overview section remaining potential threats to the below, which briefly outlines the goals We first classified the Inyo California species and its habitat have been of the draft Post-Delisting Monitoring towhee as a category 1 species in the determined not to constitute a threat, or plan (PDM) plan). Such information December 30, 1982, Notice of Review of are being managed. Our finding is based might include suggestions regarding the Candidate Species (47 FR 58454) as a on the following: draft objectives, monitoring procedures result of habitat loss and degradation. • Data indicate that, since 1998, the for establishing population and habitat Category 1 candidates were those taxa total rangewide population of Inyo baselines, or for detecting variations for which we had substantial California towhees has ranged from 640 from those baselines over the course of information on hand to support the to 741 individuals, indicating a self- at least 5 years. biological appropriateness of proposing sustaining (productivity equals or We will post your entire comment on to list the species as endangered or exceeds mortality rate) population for http://www.regulations.gov. Before threatened. We proposed the towhee for the past 13 years that has increased from including your address, phone number, listing as threatened on November 23, the estimated population of less than email address, or other personal 1984 (49 FR 46174); critical habitat was 200 Inyo California towhees at time of identifying information in your proposed concurrently with the listing in 1987 (52 FR 28780 (August 3, comment, you should be aware that proposed listing. The final listing rule 1987)). your entire comment—including your with critical habitat for the towhee was • Substantial threats to the Inyo personal identifying information—may published on August 3, 1987 (52 FR California towhee and its habitat have be made publicly available at any time. 28780). On the same day the final listing been or are being addressed such that While you can ask us in your comment rule for the towhee was published, we they have been ameliorated or reduced to withhold your personal identifying published a proposal to designate to the point where the species is not information from public review, we additional critical habitat (52 FR 28787); likely to become endangered in the cannot guarantee that we will be able to however, the designation of this foreseeable future throughout its range. do so. • The Service has entered into a additional critical habitat was never Comments and materials we receive, finalized. cooperative management agreement as well as supporting documentation we We published a notice announcing with land managers to show their used in preparing this proposed rule, ongoing commitment to the will be available for public inspection active review and requested information conservation of the Inyo California on http://www.regulations.gov, or by from the public concerning the status of towhee and its habitat (Service et al.
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