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Federal Register/Vol. 77, No. 152/Tuesday, August 7, 2012

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Federal Register/Vol. 77, No. 152/Tuesday, August 7, 2012 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Proposed Rules 47011 and in the Clark County Multiple checkerspot butterflies since 2003, as Author Species Habitat Conservation Plan) in claimed by the petition. The primary authors of this notice are the Spring Mountains were evident in Drought is listed as a threat in the the staff members of the Nevada Fish 2005 and that decreases in the numbers petition, but the petition does not and Wildlife Office and the Pacific of Morand’s checkerspot butterfly at provide any specific information that Southwest Regional Office. some locations were identified by 2003 drought has negatively impacted the Authority (Boyd 2011, p. 2). Specifically, the Morand’s checkerspot butterfly, or is petition states that at one location, 104 likely to impact the subspecies in the The authority for this action is the individuals were recorded on a single future. In addition, we have no Endangered Species Act of 1973, as survey day in 2001, whereas 65 were information in our files related to amended (16 U.S.C. 1531 et seq.). recorded in 2002, and 19 were recorded drought as it relates to the effects of Dated: July 27, 2012. in 2003. The petition states that they climate change for this subspecies. In Rowan W. Gould, believe the highest number recorded in summary, we find that the information Director, U.S. Fish and Wildlife Service. 2010 was 11, but the petition states that this number is not verified (Boyd 2011, provided in the petition, as well as other [FR Doc. 2012–19332 Filed 8–6–12; 8:45 am] p. 2). At another location in 2002, many information in our files, does not BILLING CODE 4310–55–P hundreds were seen on each of two present substantial scientific or visits, whereas none were found in 2007 commercial information indicating that DEPARTMENT OF THE INTERIOR during a single day survey. In addition, the petitioned action may be warranted due to other natural or manmade factors no pre-diapause larvae were found and Fish and Wildlife Service no earlier post-diapause larval feeding affecting its continued existence. on the host plants was seen during that Finding 50 CFR Part 17 same survey day (Boyd 2011, p. 2). At a third location in 2002, the petition Based on our review of the [Docket No. FWS–R9–ES–2011– states that 46 Morand’s checkerspot information in the petition and readily 0003;FXES111309F2130D2–123– FF09E22000] butterflies were seen during a protocol available in our files, we find that the survey and an additional 200–300 petition does not present substantial RIN 1018–AY42 individuals were seen outside of the scientific or commercial information to transect area, whereas the petition indicate that listing the Morand’s Endangered and Threatened Wildlife and Plants; Reclassifying the Straight- claims that only 1–3 individuals were checkerspot butterfly under the Act as Horned Markhor With Special Rule recorded on a given day in 2010 in the endangered or threatened may be same two areas (Boyd 2011, p. 2). warranted at this time. We base this AGENCY: Fish and Wildlife Service, The petition lists drought as a threat conclusion on finding no specific Interior. to the Morand’s checkerspot butterfly information on threats to the subspecies. ACTION: Proposed rule and 12-month (Boyd 2011, p. 4). Additionally, we have more recent finding. Evaluation of Information Provided in information in our files that does not support the petitioner’s claim that SUMMARY: We, the U.S. Fish and the Petition and Available in Service Wildlife Service (Service), propose to Files Morand’s checkerspot butterfly has experienced a decrease in its numbers reclassify the straight-horned markhor The petition claims that declines of since 2003. The information does not (Capra falconeri jerdoni) from Morand’s checkerspot butterfly have suggest that threats are acting on the endangered to threatened under the Endangered Species Act of 1973, as occurred since 2003 as evidenced by Morand’s checkerspot butterfly such amended. This proposed action is based declines in survey numbers at three that the species may be endangered or on a review of the best available unspecified locations (Boyd 2011, p. 2). become endangered now or in the scientific and commercial data which Information in our files leads us to foreseeable future. We make this finding believe that two of these unspecified indicates that the endangered under section 4(b)(3)(A) of the Act and designation no longer correctly reflects locations are Griffith Peak and Lee 50 CFR 424.14(b) of our regulations. Canyon based on similarity of results the status of the straight-horned Although we will not review the reported in Dewberry et al. (2002, markhor. This proposal constitutes our status of the species at this time, we Appendix 1). Information in our files 12-month finding on the petition to encourage interested parties to continue reveals that Morand’s checkerspot reclassify this subspecies, serves as our butterfly surveys found 129 in 2010, and to gather data that will assist with the 5-year review, and fulfills our 1,040 in 2011 (Pinyon 2011, p. 22). In conservation of the Morand’s obligations under a settlement addition, Pinyon (2011, p. 23) states that checkerspot butterfly. If you wish to agreement. We are also proposing a Morand’s checkerspot butterflies were provide information regarding the special rule concurrently. The effects of observed throughout the survey period Morand’s checkerspot butterfly, you these regulations are to correctly reflect in all three areas surveyed in 2010 and may submit your information or the status of the subspecies and 2011. The most observed in a single day materials to the Field Supervisor/Listing encourage conservation of additional in 2010 was 76, and the most observed Coordinator, Nevada Fish and Wildlife populations of the straight-horned in a single day in 2011 was 343 (Pinyon Office (see ADDRESSES), at any time. markhor. 2011, p. 23). Given that butterfly References Cited DATES: We will consider comments and populations are highly dynamic, and information received or postmarked on butterfly distributions can be highly A complete list of references cited is or before October 9, 2012. variable from year to year (Weiss et al. available on the Internet at http:// ADDRESSES: You may submit 1997, p. 2), the widely varying www.regulations.gov and upon request information by one of the following information in the petition and in our from the Nevada Fish and Wildlife methods: files does not provide evidence to show Office (see FOR FURTHER INFORMATION (1) Electronically: Go to the Federal a declining trend in Morand’s CONTACT). eRulemaking Portal: http:// VerDate Mar<15>2010 15:01 Aug 06, 2012 Jkt 226001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\07AUP1.SGM 07AUP1 erowe on DSK2VPTVN1PROD with PROPOSALS-1 47012 Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Proposed Rules www.regulations.gov. Search for FWS– subspecies in its entirety from trophies from conservation programs R9–ES–2011–0003, which is the docket endangered to threatened is warranted. that meet certain criteria. number for this rulemaking. On the Thus, in this action, we are issuing a Prior to issuing a final rule on this search results page, under the Comment proposed rule to reclassify the proposed action, we will take into Period heading in the menu on the left subspecies (C. f. jerdoni) as threatened consideration all comments and any side of your screen, check the box next under the Act. additional information we receive. Such to ‘‘Open’’ to locate this document. We are also proposing a special rule information may lead to a final rule that Please ensure you have found the that would allow for the import of sport- differs from this proposal. All comments correct document before submitting hunted straight-horned markhor and recommendations, including names your comments. If your comments will trophies under certain conditions. This and addresses of commenters, will fit in the provided comment box, please regulation would support and encourage become part of the administrative use this feature of http:// conservation actions of the straight- record. www.regulations.gov, as it is most horned markhor. Petition History compatible with our comment review procedures. If you attach your II. Major Provision of the Regulatory On August 18, 2010, we received a comments as a separate document, our Action petition dated August 17, 2010, from Conservation Force, on behalf Dallas preferred file format is Microsoft Word. If adopted as proposed, this action Safari Club, Houston Safari Club, If you attach multiple comments (such would reclassify the straight-horned African Safari Club of Florida, The as form letters), our preferred format is markhor from endangered to threatened Conklin Foundation, Grand Slam Club/ a spreadsheet in Microsoft Excel. in the List of Endangered and Ovis, Wild Sheep Foundation, Jerry (2) By hard copy: Submit by U.S. mail Threatened Wildlife at 50 CFR 17.11(h), Brenner, Steve Hornaday, Alan or hand-delivery to: Public Comments and would allow the import of sport- Sackman, and Barbara Lee Sackman, Processing, Attn: FWS–R9–ES–2011– hunted straight-horned markhor requesting the Service downlist the 0003; Division of Policy and Directives trophies under certain conditions at 50 Torghar Hills population of the Management; U.S. Fish and Wildlife CFR 17.40. This action is authorized by Suleiman markhor (Capra falconeri Service; 4401 N. Fairfax Drive, MS the Act. 2042–PDM; Arlington, VA 22203. jerdoni or C. f. megaceros), in the We will post all comments on Background Balochistan Province of Pakistan, from http://www.regulations.gov. This endangered to threatened under the Act.
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