Designation of Critical Habitat for Mississippi Gopher Frog; Proposed Rule
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Vol. 76 Tuesday, No. 187 September 27, 2011 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 Mississippi Gopher Frog; Proposed Rule VerDate Mar<15>2010 16:53 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27SEP2.SGM 27SEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 59774 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR a comment by clicking on ‘‘Send a species, should be included in the Comment or Submission.’’ designation and why, Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail (c) Special management or hand-delivery to: Public Comments considerations or protection that may be 50 CFR Part 17 Processing, Attn: FWS–R4–ES–2010– needed in critical habitat areas we are [Docket No. FWS–R4–ES–2010–0024; MO 0024; Division of Policy and Directives proposing, including managing for the 92210–0–0009] Management; U.S. Fish and Wildlife potential effects of climate change, and Service; 4401 N. Fairfax Drive, MS (d) What areas not occupied at the RIN 1018–AW89 2042–PDM; Arlington, VA 22203. time of listing are essential for the We will not accept e-mail or faxes. We conservation of the species and why. Endangered and Threatened Wildlife will post all comments on http:// (3) Land-use designations and current and Plants; Designation of Critical www.regulations.gov. This generally or planned activities in the subject areas Habitat for Mississippi Gopher Frog means that we will post any personal and their possible impacts on proposed AGENCY: Fish and Wildlife Service, information you provide us (see Public critical habitat. Interior. Comments section below for more (4) Information on the projected and reasonably likely impacts of climate ACTION: Revised proposed rule; information). change on the Mississippi gopher frog availability of draft economic analysis; FOR FURTHER INFORMATION CONTACT: and proposed critical habitat. and reopening of comment period. Stephen Ricks, Field Supervisor, U.S. (5) Any probable economic, national Fish and Wildlife Service, Mississippi SUMMARY: We, the U.S. Fish and security, or other relevant impacts of Fish and Wildlife Office, 6578 Dogwood Wildlife Service, propose to designate designating any area (especially Unit 1 View Parkway, Jackson, MS 39213; critical habitat for the Mississippi in St. Tammany Parish, Louisiana) that telephone: 601–321–1122; facsimile: gopher frog (Rana sevosa) [= Rana may be included in the final 601–965–4340. If you use a capito sevosa] under the Endangered designation; in particular, any impacts telecommunications device for the deaf Species Act of 1973, as amended (Act). on small entities or families, and the (TDD), call the Federal Information We also announce revisions to the benefits of including or excluding areas Relay Service (FIRS) at 800–877–8339. proposed critical habitat units, as that exhibit these impacts. described in the proposed rule SUPPLEMENTARY INFORMATION: (6) Whether any specific areas we are published in the Federal Register on Public Comments proposing for critical habitat June 3, 2010 (75 FR 31387), and designation should be considered for We intend that any final action announce the availability of the draft exclusion under section 4(b)(2) of the resulting from this proposed rule will be economic analysis (DEA) for the revised Act, and whether the benefits of based on the best scientific and proposed critical habitat designation. potentially excluding any specific area commercial data available and be as This proposed rule replaces the outweigh the benefits of including that accurate and as effective as possible. previous June 3, 2010, proposed rule in area under section 4(b)(2) of the Act. Therefore, we request comments or its entirety. In total, approximately (7) Whether we could improve or information from other concerned 2,839 hectares (ha) (7,015 acres (ac)) are modify our approach to designation of governmental agencies, the scientific being proposed for designation as critical habitat in any way to provide for community, industry, or any other critical habitat in 12 units, 3 of which greater public participation and interested party concerning this are divided into 2 subunits each. The understanding, or to better proposed designation of critical habitat proposed critical habitat is located accommodate public concerns and for the Mississippi gopher frog, the DEA within St. Tammany Parish, Louisiana, comments. of the proposed designation of critical and Forrest, Harrison, Jackson, and (8) The appropriateness of the habitat for the Mississippi gopher frog, Perry Counties, Mississippi. The taxonomic name change of the and the amended required comment period will allow all Mississippi gopher frog from Rana determinations provided in this interested parties an opportunity to capito sevosa to Rana sevosa. document. We will consider You may submit your comments and comment simultaneously on the revised information and recommendations from materials concerning this proposed rule proposed rule, the associated DEA, and all interested parties. We are by one of the methods listed in the amended required determinations particularly interested in comments ADDRESSES. We will not accept section. concerning: comments sent by e-mail or fax or to an DATES: We will accept comments (1) The reasons why we should or address not listed in ADDRESSES. We received or postmarked on or before should not designate habitat as ‘‘critical will post your entire comment— November 28, 2011. We must receive habitat’’ under section 4 of the Act (16 including your personal identifying requests for public hearings, in writing, U.S.C. 1531 et seq.), including whether information—on http:// at the address shown in the ADDRESSES there are threats to the species from www.regulations.gov. You may request section by November 14, 2011. human activity, the degree of which can at the top of your document that we ADDRESSES: You may submit comments be expected to increase due to the withhold personal information such as by one of the following methods: designation, and whether that increase your street address, phone number, or e- (1) Electronically: Go to the Federal in threat outweighs the benefit of mail address from public review; eRulemaking Portal: http:// designation such that the designation of however, we cannot guarantee that we www.regulations.gov. In the Keyword critical habitat may not be prudent. will be able to do so. box, enter Docket No. FWS–R4–ES– (2) Specific information on: Comments and materials we receive, 2010–0024, which is the docket number (a) The amount and distribution of as well as supporting documentation for this rulemaking. Then, in the Search Mississippi gopher frog habitat, used in preparing the proposed rule and panel on the left side of the screen, (b) What areas, that were occupied at DEA, will be available for public under the Document Type heading, the time of listing (or are currently inspection on http:// click on the Proposed Rules link to occupied) and that contain features www.regulations.gov, or by locate this document. You may submit essential to the conservation of the appointment, during normal business VerDate Mar<15>2010 16:53 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27SEP2.SGM 27SEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 59775 hours, at the U.S. Fish and Wildlife Geographic Range, Habitat, and Threats historically the Mississippi gopher frog Service’s Mississippi Fish and Wildlife The Mississippi gopher frog has a was commonly found in the coastal Office (see FOR FURTHER INFORMATION very limited historical range in counties of Mississippi (Allen 1932, p. CONTACT). You may obtain copies of the Alabama, Mississippi, and Louisiana. At 9; Neill 1957, p. 49), very few of the proposed rule and the DEA on the the time of listing in 2001, this species remaining ponds provide potential Internet at http://www.regulations.gov at occurred at only one site, Glen’s Pond, appropriate breeding habitat (Sisson Docket Number FWS–R4–ES–2010– in the DeSoto National Forest in 2003, p. 6). Nevertheless, two new 0024 or by mail from the Mississippi Harrison County, Mississippi (66 FR naturally occurring populations of the Field Office (see FOR FURTHER 62993). Mississippi gopher frog habitat Mississippi gopher frog were found in INFORMATION CONTACT). includes both upland sandy habitats— Jackson County, Mississippi (Sisson 2004, p. 8). Field surveys conducted in historically forest dominated by longleaf Background Alabama and Louisiana have been pine (Pinus palustris)—and isolated unsuccessful in documenting the It is our intent to discuss only those temporary wetland breeding sites continued existence of Mississippi topics directly relevant to the embedded within the forested gopher frogs in these States (Pechmann designation of critical habitat in this landscape. Adult and subadult frogs et al. 2006, pp. 1–23; Bailey 2009, pp. proposed rule. For more information on spend the majority of their lives the Mississippi gopher frog, refer to the 1–2). underground in active and abandoned Due to the paucity of available final rule listing the species as gopher tortoise (Gopherus polyphemus) endangered, which was published in the suitable habitat for the Mississippi burrows, abandoned mammal burrows, gopher frog, we have worked with our Federal Register on December 4, 2001 and holes in and under old stumps (66 FR 62993). See also the discussion State, Federal, and nongovernmental (Richter et al. 2001, p. 318). Frequent partners to identify and restore upland of habitat in the Physical and Biological fires are necessary to maintain the open Features section below. and wetland habitats to create canopy and ground cover vegetation of appropriate translocation sites for the Taxonomy and Nomenclature their aquatic and terrestrial habitat.