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Northern Long-Eared Bat As an Endangered Species; Proposed Rule

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Northern Long-Eared Bat As an Endangered Species; Proposed Rule Vol. 78 Wednesday, No. 191 October 2, 2013 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Eastern Small-Footed Bat and the Northern Long- Eared Bat as Endangered or Threatened Species; Listing the Northern Long-Eared Bat as an Endangered Species; Proposed Rule VerDate Mar<15>2010 18:57 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCP2.SGM 02OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 61046 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR Rules link to locate this document. You modification, or curtailment of its may submit a comment by clicking on habitat or range; (B) overutilization for Fish and Wildlife Service ‘‘Comment Now!’’ If your comments commercial, recreational, scientific, or will fit in the provided comment box, educational purposes; (C) disease or 50 CFR Part 17 please use this feature of http:// predation; (D) the inadequacy of [Docket No. FWS–R5–ES–2011–0024; www.regulations.gov, as it is most existing regulatory mechanisms; or (E) 4500030113] compatible with our comment review other natural or manmade factors procedures. If you attach your affecting its continued existence. We RIN 1018–AY98 comments as a separate document, our have determined that the northern long- Endangered and Threatened Wildlife preferred file format is Microsoft Word. eared bat is in danger of extinction, and Plants; 12-Month Finding on a If you attach multiple comments (such predominantly due to the threat of Petition To List the Eastern Small- as form letters), our preferred format is white-nose syndrome (Factor C). Footed Bat and the Northern Long- a spreadsheet in Microsoft Excel. However, other threats (Factors A, B, E) (2) By hard copy: Submit by U.S. mail Eared Bat as Endangered or when combined with white-nose or hand-delivery to: Public Comments Threatened Species; Listing the syndrome heighten the level of risk to Processing, Attn: FWS–R5–ES–2011– Northern Long-Eared Bat as an the species. 0024; Division of Policy and Directives Endangered Species We will seek peer review. We are Management; U.S. Fish and Wildlife seeking comments from knowledgeable AGENCY: Fish and Wildlife Service, Service; 4401 N. Fairfax Drive, MS individuals with scientific expertise to Interior. 2042–PDM; Arlington, VA 22203. review our analysis of the best available ACTION: Proposed rule; 12-month We request that you send comments science and application of that science finding. only by the methods described above. and to provide any additional scientific We will post all information received on information to improve this proposed SUMMARY: We, the U.S. Fish and http://www.regulations.gov. This rule. Because we will consider all Wildlife Service (Service), announce a generally means that we will post any comments and information we receive 12-month finding on a petition to list personal information you provide us during the comment period, our final the eastern small-footed bat (Myotis (see the Information Requested section determination may differ from this leibii) and the northern long-eared bat below for more details). proposal. (Myotis septentrionalis) as endangered FOR FURTHER INFORMATION CONTACT: Information Requested or threatened under the Endangered Peter Fasbender, Field Supervisor, U.S. Species Act of 1973, as amended (Act) Fish and Wildlife Service, Green Bay We intend that any final action and to designate critical habitat. After Ecological Services Office, 2661 Scott resulting from this proposed rule will be review of the best available scientific Tower Dr., New Franken, Wisconsin, based on the best scientific and and commercial information, we find 54229; by telephone (920) 866–3650 or commercial data available and be as that listing the eastern small-footed bat by facsimile (920) 866–1710. mailto: If accurate and as effective as possible. is not warranted but listing the northern you use a telecommunications device Therefore, we request comments or long-eared bat is warranted. for the deaf (TDD), please call the information from other concerned Accordingly, we propose to list the Federal Information Relay Service Federal and State agencies, the scientific northern long-eared bat as an (FIRS) at 800–877–8339. community, or any other interested endangered species throughout its range SUPPLEMENTARY INFORMATION: party concerning this proposed rule. We under the Act. We also determine that particularly seek comments regarding critical habitat for the northern long- Executive Summary the northern long-eared bat concerning: eared bat is not determinable at this Why we need to publish a rule. Under (1) The species’ biology, range, and time. This proposed rule, if finalized, the Act, if a species is determined to be population trends, including: would extend the Act’s protections to an endangered or threatened species (a) Habitat requirements for feeding, the northern long-eared bat. The Service throughout all or a significant portion of breeding, and sheltering; seeks data and comments from the its range, we are required to promptly (b) Genetics and taxonomy; public on this proposed listing rule for publish a proposal in the Federal (c) Historical and current range, the northern long-eared bat. Register and make a determination on including distribution patterns; DATES: We will consider comments our proposal within one year. Listing a (d) Historical and current population received or postmarked on or before species as an endangered or threatened levels, and current and projected trends; December 2, 2013. Comments submitted species can only be completed by and electronically using the Federal issuing a rule. (e) Past and ongoing conservation eRulemaking Portal (see ADDRESSES This document consists of: measures for the species, its habitat, or section, below) must be received by • Our status review and finding that both. 11:59 p.m. Eastern Time on the closing listing is warranted for the northern (2) Any information on the biological date. We must receive requests for a long-eared bat and not warranted for the or ecological requirements of the public hearing, in writing, at the address eastern small-footed bat. species, and ongoing conservation shown in the FOR FURTHER INFORMATION • A proposed rule to list the northern measures for the species and its habitat. CONTACT section by November 18, 2013. long-eared bat as an endangered species. (3) Biological, commercial trade, or ADDRESSES: You may submit comments This rule assesses best available other relevant data concerning any by one of the following methods: information regarding the status of and threats (or lack thereof) to this species (1) In the Search box, enter Docket threats to the northern long-eared bat. and regulations that may be addressing No. FWS–R5–ES–2011–0024, which is The basis for our action. Under the those threats. the docket number for this rulemaking. Act, we can determine that a species is (4) Current or planned activities in the Then, in the Search panel on the left an endangered or threatened species areas occupied by the species and side of the screen, under the Document based on any of five factors: (A) The possible impacts of these activities on Type heading, click on the Proposed present or threatened destruction, this species. VerDate Mar<15>2010 18:57 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Proposed Rules 61047 (5) Additional information regarding You may submit your comments and as a ‘‘category-2 candidate’’ for listing the threats to the species under the five materials concerning this proposed rule under the Act. However, on December 5, listing factors, which are: by one of the methods listed in 1996 (50 FR 64481), the Service (a) The present or threatened ADDRESSES. We request that you send discontinued the practice of destruction, modification, or comments only by the methods maintaining a list of species regarded as curtailment of its habitat or range; described in the ADDRESSES section. If ‘‘category-2 candidates,’’ that is, taxa for (b) Overutilization for commercial, you submit information via http:// which the Service had insufficient recreational, scientific, or educational www.regulations.gov, your entire information to support issuance of a purposes; submission—including any personal proposed listing rule. (c) Disease or predation; identifying information—will be posted On January 21, 2010, we received a (d) The inadequacy of existing on the Web site. If your submission is petition from the Center for Biological regulatory mechanisms; and made via a hardcopy that includes Diversity, requesting that the eastern (e) Other natural or manmade factors personal identifying information, you small-footed bat and northern long- affecting its continued existence. may request at the top of your document eared bat be listed as endangered or (6) The reasons why areas should or that we withhold this information from threatened and that critical habitat be should not be designated as critical public review. However, we cannot designated under the Act. The petition habitat as provided by section 4 of the guarantee that we will be able to do so. clearly identified itself as such and Act (16 U.S.C. 1531 et seq.), including We will post all hardcopy submissions included the requisite identification the possible risks or benefits of on http://www.regulations.gov. Please information for the petitioner, as designating critical habitat, including include sufficient information with your required by 50 CFR 424.14(a). In a risks associated with publication of comments to allow us to verify any February 19, 2010, letter to the maps designating any area on which scientific or commercial information petitioner, we acknowledged receipt of this species may be located, now or in you include.
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