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Federal Register/Vol. 78, No. 238/Wednesday, December 11

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Federal Register/Vol. 78, No. 238/Wednesday, December 11 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 75313 Government-to-Government at 78 FR 26302 (May 6, 2013), as (T) Obstruction removal; Relationship With Tribes follows: (U) Herbaceous weed control; (V) Ponds; In accordance with the President’s PART 17—[AMENDED] memorandum of April 29, 1994 (W) Tree and Shrub Planting; (X) Heavy Use Protection; (Government-to-Government Relations ■ 1. The authority citation for part 17 (Y) Woody Residue Treatment; with Native American Tribal continues to read as follows: Governments; 59 FR 22951), Executive (Z) Well Decommissioning; Authority: 16 U.S.C. 1361–1407; 1531– (AA) Conservation Cover. Order 13175 (Consultation and 1544; 4201–4245; unless otherwise noted. Coordination with Indian Tribal (iii) As a result of the continuation of ■ 2. Amend § 17.41 by revising Governments), and the Department of routine agricultural practices, as paragraph (a) to read as follows: the Interior’s manual at 512 DM 2, we specified below, on cultivated lands that are in row crop, hay, or forage readily acknowledge our responsibility § 17.41 Special rules—birds. to communicate meaningfully with production that meet the definition of (a) Lesser prairie-chicken cropland at 7 CFR 718.2, and, in recognized Federal Tribes on a (Tympanuchus pallidicinctus). government-to-government basis. In addition, must have been cultivated, (1) Prohibitions. Except as noted in meaning tilled, planted, or harvested, accordance with Secretarial Order 3206 paragraphs (a)(2)(i), (a)(2)(ii), and of June 5, 1997 (American Indian Tribal within the previous 5 years. Activities (a)(2)(iii) of this section, all prohibitions covered by this provision include: Rights, Federal-Tribal Trust and provisions of §§ 17.31 and 17.32 Responsibilities, and the Endangered (A) Plowing, drilling, disking, apply to the lesser prairie-chicken. mowing, or other mechanical Species Act), we readily acknowledge (2) Exemptions from prohibitions. our responsibilities to work directly manipulation and management of lands Incidental take of the lesser prairie- in cultivation, provided that the harvest with tribes in developing programs for chicken will not be considered a healthy ecosystems, to acknowledge that of cultivated lands is conducted by violation of section 9 of the Act if the methods that allow wildlife to flush and tribal lands are not subject to the same take occurs: controls as Federal public lands, to escape, such as starting operations in (i) On privately owned, State, or the middle of the field and working remain sensitive to Indian culture, and county land from activities that are to make information available to tribes. outward, or by modifying equipment to conducted by a participant enrolled in, include flush bar attachments. By letter dated April 19, 2011, we and operating in compliance with, the (B) Routine activities in direct support contacted known tribal governments Lesser Prairie-Chicken Interstate of cultivated agriculture, including throughout the historical range of the Working Group’s Lesser Prairie-Chicken replacement, upgrades, maintenance, lesser prairie-chicken. We sought their Range-Wide Conservation Plan, as and operation of existing infrastructure input on our development of a proposed endorsed by the U.S. Fish and Wildlife such as irrigation conveyance structures rule to list the lesser prairie-chicken and Service. and roads. encouraged them to contact the (ii) On privately owned agricultural Oklahoma Ecological Services Field land from the following conservation * * * * * Office if any portion of our request was practices that are carried out in Dated: December 6, 2013. unclear or to request additional accordance with a conservation plan Daniel M. Ashe, information. We did not receive any developed by the U.S. Department of Director, U.S. Fish and Wildlife Service. comments regarding this request. Agriculture’s Natural Resources [FR Doc. 2013–29587 Filed 12–10–13; 8:45 am] References Cited Conservation Service (NRCS) in BILLING CODE 4310–55–P connection with NRCS’s Lesser Prairie- A complete list of all references cited Chicken Initiative and related NRCS in this proposed rule is available on the activities that provide financial or DEPARTMENT OF THE INTERIOR Internet at http://www.regulations.gov at technical assistance to support lesser Docket No. FWS–R2–ES–2012–0071 or prairie-chicken conservation, and which Fish and Wildlife Service upon request from the Field Supervisor, were developed in coordination with Oklahoma Ecological Services Field the U.S. Fish and Wildlife Service: 50 CFR Part 17 Office (see FOR FURTHER INFORMATION (A) Upland wildlife habitat [Docket No. FWS–R8–ES–2013–0116; CONTACT ). management; 4500030113] Authors (B) Prescribed grazing; (C) Restoration and management of Endangered and Threatened Wildlife The primary authors of this proposed rare and declining habitats; and Plants; 12-Month Finding on a rule are the staff members of the (D) Access control; Petition To Reclassify Eriodictyon Oklahoma Ecological Services Field (E) Forage harvest management; altissimum as Threatened Office (see FOR FURTHER INFORMATION (F) Prescribed burning; CONTACT). (G) Brush management; AGENCY: Fish and Wildlife Service, Interior. List of Subjects in 50 CFR Part 17 (H) Firebreaks; (I) Cover crops; ACTION: Notice of 12-month petition Endangered and threatened species, (J) Critical area planting; finding. Exports, Imports, Reporting and (K) Forage and biomass planting; recordkeeping requirements, (L) Range planting; SUMMARY: We, the U.S. Fish and Transportation. (M) Watering facilities; Wildlife Service, announce a 12-month (N) Spring development; finding on a petition to reclassify Proposed Regulation Promulgation (O) Pumping plants; Eriodictyon altissimum (Indian Knob Accordingly, we propose to further (P) Water wells; mountain balm) as a threatened species amend part 17, subchapter B of chapter (Q) Pipelines; under the Endangered Species Act of I, title 50 of the Code of Federal (R) Grade stabilization structures; 1973, as amended (Act). After review of Regulations, as proposed to be amended (S) Fences; the best available scientific and VerDate Mar<15>2010 15:58 Dec 10, 2013 Jkt 232001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\11DEP1.SGM 11DEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 75314 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules commercial information, we find that offices. We notified the public of No. FWS–R8–ES–2013–0116. The reclassifying E. altissimum as completion of the 5-year review on May species report was prepared by Service threatened is not warranted at this time. 21, 2010 (75 FR 28636). The 5-year biologists to provide a thorough However, we ask the public to submit to review resulted in a recommendation to discussion of the species’ ecology, us any new information that becomes change the status of the species from biological needs, and analysis of the available concerning the threats to E. endangered to threatened. We threats that may be impacting the altissimum or its habitat at any time. acknowledged in the review that the species. The species report includes DATES: The finding announced in this recovery criteria had only been partially discussion of the following: Species document was made on December 11, met. However, we still made the description, taxonomy, life history, 2013. recommendation to downlist because habitat, soils, distribution, abundance, the status of the species appeared to be age and size distribution, role of fire in ADDRESSES: This finding is available on self-sustaining and stable (Service 2009, regeneration, and an assessment of the Internet at http:// p. 11). We also made the threats currently acting on the species. www.regulations.gov at Docket Number recommendation based on a substantial This detailed information is FWS–R8–ES–2013–0116. Supporting reduction of the primary threat at the summarized in the following paragraphs documentation we used in preparing time of listing (i.e., habitat loss as a of this Background section and the this finding is included in the docket at result of development); this threat was Summary of Factors Affecting the http://www.regulations.gov and reduced as a result of conserving lands Species section. available for public inspection, by where the species occurred in the Los Eriodictyon altissimum is a relatively appointment, during normal business Osos and Indian Knob areas. Therefore, weak-stemmed evergreen shrub that was hours at the U.S. Fish and Wildlife based on the best scientific and originally placed in the waterleaf family Service, Ventura Fish and Wildlife commercial information available at that (Hydrophyllaceae) (Halse 1993, pp. Office, 2493 Portola Road, Suite B, time, we concluded that the species 683–708), but is now included in the Ventura, CA 93003. Please submit any now best met the definition of borage family (Boraginaceae) (Kelley et new information, materials, comments, threatened rather than endangered al. 2012, pp. 450–511). While some or questions concerning this finding to (Service 2009, p. 11). individuals can achieve heights in the above street address. On December 21, 2011, we received a excess of 13 feet (ft) (4 meters (m)), most FOR FURTHER INFORMATION CONTACT: petition dated December 19, 2011, from are observed in the height range of 5 to Stephen P. Henry, Deputy Field the Pacific Legal Foundation, requesting 6 ft (1.5 to 2 m). Little specific scientific Supervisor, U.S. Fish and Wildlife the Service to delist the Inyo California
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