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Finalized Critical Habitat

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Finalized Critical Habitat Tuesday, August 5, 2008 Part II 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 sierrae) and Taxonomic Revision; Final Rule VerDate Aug<31>2005 13:15 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\05AUR2.SGM 05AUR2 dwashington3 on PRODPC61 with RULES2 45534 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations DEPARTMENT OF THE INTERIOR listing rule published in the Federal show a unique fixed haplotype for O. c. Register on January 3, 2000 (65 FR 20) californiana from the Sierra Nevada Fish and Wildlife Service and the proposed critical habitat rule (Ramey 1995, p. 433). Based on this published in the Federal Register on finding, bighorn sheep from the Sierra 50 CFR Part 17 July 25, 2007 (72 FR 40955). Nevada could be distinguished from [FWS–R8–ES–2008–0014; 92210–1117– The bighorn sheep (Ovis canadensis) populations of other subspecies of 0000–B4] is a large mammal in the family Bovidae bighorn sheep (Ramey 1995, p. 433). described by Shaw in 1804 (Shackleton Results indicated that significant RIN 1018–AV05 1985, p. 1). Cowan (1940, pp. 519–569) differences in mtDNA haplotype recognized several subspecies based on Endangered and Threatened Wildlife frequencies can be found among geography and skull measurements. populations that are adjacent to one and Plants; Designation of Critical Recent genetic (Ramey 1993, pp. 62–86; Habitat for the Sierra Nevada Bighorn another and separated by short 1995, p. 432–434; Boyce et al. 1996, pp. distances (Ramey 1995, p. 435). A few Sheep (Ovis canadensis sierrae) and 423–426, 429; Gutierrez-Espeleta et al. rare haplotypes were limited in Taxonomic Revision 1998, pp. 7–9, 11) and morphological distribution and found in only single data (Wehausen and Ramey 1993, pp. 4– AGENCY: Fish and Wildlife Service, populations. One of these populations 8; 2000, pp. 148–153), and review and Interior. included the Sierra Nevada (Ramey ACTION: Final rule. reanalysis of Cowan’s data (Ramey 1993, p. 83), do not support Cowan’s original 1995, p. 433). SUMMARY: We, the U.S. Fish and subspecies differentiations. Wehausen and Ramey (2000, pp. 148– Wildlife Service (Service), are Ramey (1993, pp. 71–72; 1995, p. 432) 153) used univariate and multivariate designating critical habitat for the Sierra found, based on mitochondrial DNA statistical methods to examine the Nevada bighorn sheep (Ovis canadensis (mtDNA), bighorn sheep from the Sierra geographic variation in horn and skull sierrae) under the Endangered Species Nevada to be more allied with sheep characters of 694 bighorn sheep (Ovis Act of 1973, as amended (Act). In total, occupying the adjacent desert area than canadensis) from the Great Basin to approximately 417,577 acres (ac) those to the north. Ramey (1993, pp. 67– British Columbia and Alberta. California (168,992 hectares (ha)) fall within the 68; 1995, pp. 433, 435) also found Sierra bighorn sheep (O. c. californiana) from boundaries of the critical habitat Nevada bighorn sheep to be a distinctive Washington and British Columbia were designation. The critical habitat is group in the desert region extending not distinguishable from Rocky located in Tuolumne, Mono, Fresno, east to Utah and New Mexico and south Mountain bighorn sheep (O. c. Inyo, and Tulare Counties, California. to northern Mexico. Ramey (1993 p. 54) canadensis); however, they did differ We also are finalizing the revision of used mtDNA as a genetic marker to help from Sierra Nevada bighorn sheep taxonomy of the listed entity from a understand the evolutionary history of populations considered to be O. c. distinct population segment (DPS) of North American mountain sheep. From californiana. Extirpated populations California bighorn sheep (Ovis the 116 individuals included in the from northeastern California, Oregon, canadensis californiana) to subspecies, surveys, 16 different mtDNA haplotypes and southwestern Idaho shared a horn- Ovis canadensis sierrae, based on recent were identified in North America and related character with Nelson bighorn published information. four in Asia (Ramey 1993, p. 62). Two sheep (O. c. nelsoni) from the Great major mtDNA lineages of mountain DATES: This rule becomes effective on Basin; this shared character was sheep were indicated in North America September 4, 2008. different from Rocky Mountain bighorn (Ramey 1993, p. 63). Within the sheep. Individuals from the Sierra ADDRESSES: The final rule, economic northern Alaska and western North Nevada were distinguishable from analysis, and maps are available at America clade, three mtDNA lineages bighorn sheep from the Great Basin. http://www.regulations.gov and at were identified (Ramey 1993, p. 72). These results agree with geographic http://www.fws.gov/nevada. Supporting One lineage included bighorn sheep in documentation we used in the the desert ranges of the southwestern patterns identified with the mtDNA preparation of this final rule is available United States and Mexico and the Sierra studies of Ramey (1993, 1995) for public inspection, by appointment, Nevada (Ramey 1993, p. 72), where the (Wehausen and Ramey 2000, p. 156). during normal business hours, at the Sierra Nevada population was found to Wehausen and Ramey (2000, pp. 153– Nevada Fish and Wildlife Office, 1340 be more closely related to the desert- 157) synonymized the extinct Audubon Financial Boulevard, Suite 234, Reno, dwelling sheep than those from the subspecies, O. c. auduboni, from east of NV 89523; telephone 775–861–6300; Cascade Ranges or Rocky Mountains the Rocky Mountains in eastern facsimile 775–861–6301. (Ramey 1993, p. 72). Within the desert- Montana and Wyoming, North Dakota, FOR FURTHER INFORMATION CONTACT: dwelling sheep populations, Sierra South Dakota, and western Nebraska Robert D. Williams, U.S. Fish and Nevada bighorn sheep differed (Ramey with O. c. canadensis. They also Wildlife Service, Nevada Fish and 1993, p. 73). Ramey (1995 p. 429) used assigned extinct and extant native Wildlife Office (see ADDRESSES section). mtDNA as a genetic marker to help populations of O. c. californiana from If you use a telecommunications device understand the evolutionary history of Washington and British Columbia to O. for the deaf (TDD), call the Federal North American mountain sheep in the c. canadensis and the extinct native Information Relay Service (FIRS) at southwest United States. Ten mtDNA populations of O. c. californiana from 800–877–8339. haplotypes were identified in the northeastern California, northern SUPPLEMENTARY INFORMATION: southwest, with a common one being Nevada, southwestern Idaho, and found in most populations (Ramey Oregon to O. c. nelsoni of the Great Background 1995, pp. 431–432). The distribution of Basin desert form. Based on genetic and It is our intent to discuss only those mtDNA variants in the southwest did morphometric data, Wehausen and topics directly relevant to the not support the recognition of O. c. Ramey (2000, p. 156) concluded that designation of critical habitat in this cremnobates, O. c. mexicana, and O. c. bighorn sheep in the Sierra Nevada rule. For more information on the Sierra nelsoni as distinct and separate should be recognized as a separate Nevada bighorn sheep, refer to the final subspecies, but the mtDNA analysis did subspecies of O. canadensis, but they VerDate Aug<31>2005 13:15 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\05AUR2.SGM 05AUR2 dwashington3 on PRODPC61 with RULES2 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 45535 did not recommend a change in detailed description of Sierra Nevada (space) is important to allow genetic nomenclature at that time. bighorn sheep habitat throughout its exchange between Sierra Nevada In a recent investigation of the range. They prefer open ground to better bighorn sheep herds. The population taxonomy of Sierra Nevada bighorn detect predators and allow enough time ecology of bighorn sheep has been sheep, Wehausen et al. (2005) to reach steep, rocky terrain (escape described as a metapopulation with reexamined the history of bighorn sheep habitat) (Wehausen 1980, p. 81). Forests geographically distinct herds interacting nomenclature. Grinnell (1912, p. 144) and thick brush are usually avoided if in a network (Schwartz et al. 1986, p. recognized bighorn sheep from the possible (65 FR 21; January 3, 2000). 184; Bleich et al. 1990, pp. 384–388). Sierra Nevada of California as a distinct Most of the sheep live at higher The movements of rams between herds subspecies, Ovis cervina (= canadensis) elevations (10,000–14,000 ft (3,050– can counteract the effects of inbreeding sierrae, designating a 5-year-old ram as 4,270 m)) in subalpine and alpine areas that can develop with small, isolated the type specimen. Cowan (1940, p. 556) during the summer (65 FR 21; January populations (Schwartz et al. 1986, pp. did not recognize the subspecies O. c. 3, 2000). During winter, these sheep 182–185). sierrae as valid, but included animals occupy high-elevation, windswept from the Sierra Nevada as O. c. ridges and tend to prefer south-facing Previous Federal Actions californiana. Wehausen and Ramey slopes where snow melts more readily On April 20, 1999, we published an (2000, pp. 153–157) reassigned (Jones 1950, pp. 44–45; McCullough and emergency rule listing the Sierra Nevada specimens from north of the central Schneegas 1966, p. 71; Wehausen 1980, DPS of the California bighorn sheep as Sierra Nevada to O. c. nelsoni and O. c. pp. 86–87) or migrate to lower endangered (64 FR 19300), providing canadensis. They kept the name O. c. elevations (4,800 ft (1,460 m)) in emergency protection to the DPS until californiana for bighorn sheep in central sagebrush-steppe areas to avoid deep such time that we could complete the and southern Sierra Nevada (Wehausen snow and to find forage.
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