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Withdrawal of Proposed Rule to Reclassify the Arroyo Toad As

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Withdrawal of Proposed Rule to Reclassify the Arroyo Toad As Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules 79805 proposals listed in Appendix F at this DEPARTMENT OF THE INTERIOR Previous Federal Actions time. Rather, this document seeks Please refer to the proposed Fish and Wildlife Service additional recommendations regarding reclassification rule for the arroyo toad the development of new or modified (79 FR 17106; March 27, 2014) for a 50 CFR Part 17 safe harbor regulations and new Special detailed description of the Federal Fraud Alerts beyond those summarized [Docket No. FWS–R8–ES–2014–0007; actions concerning this species that in Appendix F. FXES11130900000–156–FF09E42000] occurred prior to publication of the A detailed explanation of RIN 1018–AY82 proposed reclassification rule. We justifications for, or empirical data accepted submission of new information supporting, a suggestion for a safe Endangered and Threatened Wildlife and comments on the proposed harbor or Special Fraud Alert would be and Plants; Withdrawal of Proposed reclassification for a 60-day comment helpful and should, if possible, be Rule To Reclassify the Arroyo Toad as period, ending May 27, 2014. In order included in any response to this Threatened to ensure that the public had an solicitation. adequate opportunity to review and AGENCY: Fish and Wildlife Service, comment on our proposed rule, we A. Criteria for Modifying and Interior. reopened the comment period for an Establishing Safe Harbor Provisions ACTION: Proposed rule; withdrawal. additional 30 days on October 17, 2014 SUMMARY: (79 FR 62408). In accordance with section 205 of We, the U.S. Fish and Wildlife Service (Service), withdraw the HIPAA, we will consider a number of Background proposed rule to reclassify the arroyo factors in reviewing proposals for new A scientific analysis was completed toad (Anaxyrus californicus) as or modified safe harbor provisions, such and presented in detail within the threatened under the Endangered arroyo toad species report (Service 2014, as the extent to which the proposals Species Act of 1973, as amended (Act). entire), which was available on http:// would affect an increase or decrease in: This withdrawal is based on our www.regulations.gov at Docket Number • Access to health care services, conclusion that the types of threats to FWS–R8–ES–2014–0007 after the • the quality of health care services, the arroyo toad remain the same as at publication of the proposed • patient freedom of choice among health the time of listing and are ongoing, and reclassification. The species report was care providers, new threats have been identified. Some updated to include the information we • competition among health care conservation efforts are ongoing in most received from public and peer review providers, populations to help manage and reduce comments, and the final species report • the cost to Federal health care programs, impacts to arroyo toads from many (Service 2015, entire) is available at • the potential overutilization of health ongoing threats; however, the species http://www.regulations.gov at Docket care services, and has not yet responded to an extent that Number FWS–R8–ES–2014–0007. The • the ability of health care facilities to would allow a change in listing status. species report was prepared by Service provide services in medically underserved The intent of the reclassification criteria biologists to provide thorough areas or to medically underserved in the recovery plan (Service 1999) has discussion of the species’ ecology, populations. not been met. We have therefore biological needs, and an analysis of the determined that reclassification of this In addition, we will also consider threats that may be impacting the species is not appropriate at this time. other factors, including, for example, species. The species report includes DATES: the existence (or nonexistence) of any The March 27, 2014 (79 FR discussion of the species’ life history, 17106), proposed rule to reclassify the potential financial benefit to health care taxonomy, habitat requirements, range, arroyo toad as threatened is withdrawn professionals or providers that may take distribution, abundance, threats, and as of December 23, 2015. into account their decisions whether to progress towards recovery. This detailed ADDRESSES: This withdrawal, comments (1) order a health care item or service or information is summarized in the on our March 27, 2014, proposed rule (2) arrange for a referral of health care following paragraphs of this Background (79 FR 17106), and supplementary section and the Summary of Factors items or services to a particular documents are available on the Internet practitioner or provider. Affecting the Species section. at http://www.regulations.gov at Docket Arroyo toads are found in low B. Criteria for Developing Special Fraud No. FWS–R8–ES–2014–0007. Comments gradient, medium-to-large streams and Alerts and materials received, as well as rivers with intermittent and perennial supporting documentation used in the flow in coastal and desert drainages in In determining whether to issue preparation of this withdrawal, are also central and southern California, and additional Special Fraud Alerts, we will available for public inspection, by Baja California, Mexico. Arroyo toads consider whether, and to what extent, appointment, during normal business occupy aquatic, riparian, and upland the practices that would be identified in hours at: U.S. Fish and Wildlife Service, habitats in the remaining suitable a new Special Fraud Alert may result in Ventura Fish and Wildlife Office, 2493 drainages within its range. Arroyo toads any of the consequences set forth above, Portola Road, Suite B, Ventura, CA are breeding habitat specialists that as well as the volume and frequency of 93003; telephone 805–644–1766; or need slow-moving streams that are the conduct that would be identified in facsimile 805–644–3958. composed of sandy soils with sandy the Special Fraud Alert. FOR FURTHER INFORMATION CONTACT: streamside terraces (Sweet 1992, pp. 23– Stephen P. Henry, Field Supervisor, Dated: December 16, 2015. 28). Reproduction is dependent upon Ventura Fish and Wildlife Office (see the availability of very shallow, still, or Daniel R. Levinson, ADDRESSES). If you use a low-flow pools in which breeding, egg- Inspector General. telecommunications device for the deaf laying, and tadpole development occur. [FR Doc. 2015–32267 Filed 12–22–15; 8:45 am] (TDD), call the Federal Information Suitable habitat for arroyo toads is BILLING CODE 4152–01–P Relay Service (FIRS) at 800–877–8339. created and maintained by periodic SUPPLEMENTARY INFORMATION: flooding and scouring that modify VerDate Sep<11>2014 17:28 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\23DEP1.SGM 23DEP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 79806 Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules stream channels, redistribute channel Summary of Basis for This Withdrawal the March 27, 2014, proposed rule, we sediments, and alter pool location and Based upon our review of the public stated that current available information form. These habitat requirements are comments, agency comments, peer indicates that arroyo toads are persisting largely dependent upon natural review comments, and new relevant or are presumed to be persisting on hydrological cycles and scouring events information that became available since Federal lands in 17 river basin (Madden-Smith et al. 2003, p. 3). the March 27, 2014, publication of the occurrences and 5 additional Arroyo toads were once relatively reclassification proposed rule (79 FR occurrences on non-Federal lands, for a abundant in coastal central and 17106), we reevaluated our proposed total of 22 extant or presumed extant southern California. Arroyo toads rule. Other than minor clarifications and occurrences in California. Because we historically were known to occur in incorporation of additional information lacked long-term population trend data, coastal drainages in southern California on the species’ biology and populations, this constituted the best available from the upper Salinas River system in this determination differs from the information on the status of arroyo toad Monterey and San Luis Obispo proposal in the following ways: populations. As the only population data available, we used this information Counties; south through the Santa Maria (1) As in the proposed rule, we find as a proxy measure in attempting to and Santa Ynez River basins in Santa that the types of threats to arroyo toads determine whether populations were Barbara County; the Santa Clara River remain the same as at the time of listing stable or increasing. We stated that this basin in Ventura County; the Los and are ongoing; in addition, new information supported our conclusion Angeles River basin in Los Angeles threats have been identified. The threats that the occurrences are self-sustaining County; the coastal drainages of Orange, of urbanization, dams and water (79 FR 17106; March 27, 2014), and, Riverside, and San Diego Counties; and diversions, introduced predators, and therefore, that the intent of the criteria south to the Arroyo San Simeon system drought have current and ongoing, high identified in the arroyo toad recovery in Baja California, Me´xico (Sweet 1992, impacts to arroyo toads and their plan for downlisting had been met. p. 18; Service 1999, p. 12). Jennings and habitat. New threats include invasive, Hayes (1994, p. 57) are most commonly nonnative plants and effects of climate Since we published the proposed rule cited as documenting a decline of 76 change. Some conservation efforts are to downlist the arroyo toad, however, percent of arroyo toad populations ongoing in most populations to help we have received additional information throughout the species’ range due to manage and reduce impacts to arroyo through the peer review and public loss of habitat and hydrological toads from many ongoing threats. comment process that refutes our alterations to stream systems as a result However, we have now determined that finding that the intent of the recovery of dam construction and flood control.
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