19592 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules 48 States occur at high elevations in the for the species concurrent with the Authority Rocky, North Cascade, and Sierra listing. The authority for this action is the On October 21, 2003, we published a Nevada mountains (Aubry et al. 2007, p. Endangered Species Act of 1973, as 90-day finding that the petition to list 2153). Wolverines have recently been amended (16 U.S.C. 1531 et seq.). positively documented in the Sierra the North American wolverine in the Nevada range in California and the contiguous United States did not Dated: March 30, 2010. southern Rocky Mountains of Colorado present substantial scientific and Daniel M. Ashe, for the first time since the early 20th commercial information indicating that Deputy Director, U.S. Fish and Wildlife century. listing as threatened or endangered may Service. Wolverines are opportunistic feeders be warranted (68 FR 60112). We did not [FR Doc. 2010–8698 Filed 4–14–10; 8:45 am] and consume a variety of foods determine whether the contiguous U.S. BILLING CODE 4310–55–P depending on availability. They population of the North American primarily scavenge carrion, but also wolverine constituted a DPS (or other prey on small animals and birds, and eat listable entity), because sufficient DEPARTMENT OF THE INTERIOR fruits, berries, and insects (Hornocker information was not available at the and Hash 1981, p. 1290; Hash 1987, p. time. Fish and Wildlife Service 579; Banci 1994, pp. 111–113). On September 29, 2006, as a result of Wolverines have delayed onset of a complaint filed by Defenders of 50 CFR Part 17 reproduction in females and small litter Wildlife and others alleging we used the [Docket No. FWS-R6-ES-2008-0127] sizes, and often reproduce only every wrong standards to assess the July 2000 other year. wolverine petition, the U.S. District [MO 92210-0-0008-B2] Home ranges at the southern terminus Court, Montana District, ruled that our Endangered and Threatened Wildlife of the current range are large for 90-day petition finding was in error and and Plants; 12-Month Finding on a mammals of the size of wolverines, and ordered us to make a 12-month finding Petition to List the Wyoming Pocket may indicate that wolverines have high for the wolverine (Defenders of Wildlife Gopher as Endangered or Threatened energetic requirements and at the same et al. v. Norton and Hogan (9:05cv99 with Critical Habitat time occupy relatively unproductive DWM; D. MT)). On April 6, 2007, the niches (Inman et al. 2007a, p. 11). In Court approved an unopposed motion to AGENCY: Fish and Wildlife Service, addition, wolverines naturally occur in extend the deadline for this 12-month Interior. low densities that average about one finding to February 28, 2008, so that we ACTION: Notice of 12–month petition 2 2 wolverine per 150 km (58 mi ) would be able to use information finding. (Hornocker and Hash 1981, pp. 1292– published in the September 2007 1295; Hash 1987, p. 578; Copeland edition of the Journal of Wildlife SUMMARY: We, the U.S. Fish and 1996, pp. 31–32; Copeland and Yates Management containing a special Wildlife Service (Service), announce a 2006, p. 27; Inman et al. 2007a, p. 10; section on North American wolverine 12–month finding on a petition to list Squires et al. 2007, p. 2218). biology. On June 5, 2007, we published the Wyoming pocket gopher (Thomomys Previous Federal Actions a notice initiating a status review for the clusius) as endangered or threatened wolverine (72 FR 31048). and to designate critical habitat under We received a petition dated August On March 11, 2008, we published a the Endangered Species Act of 1973, as 3, 1994, from the Predator Project (now 12-month finding on the wolverine in amended. After review of all available named the Predator Conservation the contiguous United States (73 FR scientific and commercial information, Alliance) and Biodiversity Legal 12929). In that finding, we determined we find that listing the Wyoming pocket Foundation to list the North American that the wolverine in the contiguous gopher as either endangered or wolverine in the contiguous United United States did not constitute a DPS. threatened is not warranted at this time. States as an endangered or threatened Therefore, we determined that the We ask the public to continue to submit species under the Act and to designate wolverine in the contiguous United to us any new information that becomes critical habitat concurrent with listing. States was not a listable entity under the available concerning the status of, or On April 19, 1995, we published a Act. On September 30, 2008, Defenders threats to, the Wyoming pocket gopher finding (60 FR 19567) that the petition of Wildlife et al. filed a complaint or its habitat. did not present substantial information challenging our 12-month finding on the DATES: The finding announced in this indicating that listing the North basis of our application of the DPS document was made on April 15, 2010. American wolverine in the contiguous Policy and the Act. On March 23, 2009, United States may be warranted. We did ADDRESSES: This finding is available on we settled the lawsuit with the plaintiffs the Internet at http:// not make a determination as to whether and agreed to submit a new 12-month the contiguous U.S. population of the www.regulations.gov at Docket Number finding to the Federal Register by FWS-R6-ES-2008-0127. Supporting North American wolverine constituted a December 1, 2010. DPS or other listable entity. documentation we used in preparing On July 14, 2000, we received another References Cited this finding is available for public petition dated July 11, 2000, submitted A complete list of all references is inspection, by appointment, during by the Biodiversity Legal Foundation, available upon request from the Field normal business hours at the U.S. Fish Predator Conservation Alliance, Supervisor, Montana Ecological and Wildlife Service, Wyoming Defenders of Wildlife, Northwest Services Field Office (See FOR FURTHER Ecological Services Field Office, 5353 Ecosystem Alliance, Friends of the INFORMATION CONTACT). Yellowstone Road, Cheyenne, WY Clearwater, and Superior Wilderness 82009. Please submit any new Action Network, to list the North Author information, materials, comments, or American wolverine within the The primary authors of this document questions concerning this finding to the contiguous United States as an are the staff members of the U.S. Fish above street address. endangered or threatened species under and Wildlife Service, Montana FOR FURTHER INFORMATION CONTACT: the Act and to designate critical habitat Ecological Servies Field Office. Brian Kelly, Field Supervisor, Wyoming VerDate Nov<24>2008 15:01 Apr 14, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 erowe on DSK5CLS3C1PROD with PROPOSALS Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules 19593 Ecological Services Field Office (see us to address the petition in fiscal year produce extreme variation in body size ADDRESSES); by telephone at 307-772- 2008. On November 4, 2008, the of individual pocket gophers and 2374; or by facsimile at 307-772-2358. If petitioners filed a complaint with the density of pocket gopher populations you use a telecommunications device U.S. District Court for the District of (Patton and Brylski 1987, p. 504). for the deaf (TDD), call the Federal Colorado against us for failing to Little is known about the Wyoming Information Relay Service (FIRS) at 800- complete the 90–day finding (Center for pocket gopher; assumptions about its 877-8339. Native Ecosystems and Biodiversity distribution, ecology, and status are SUPPLEMENTARY INFORMATION: Conservation Alliance v. U.S. Fish and based on a few museum records, reports Wildlife Service and Kempthorne (1:08- from more than 30 years ago, and Background cv-02394-JLK)). research conducted in 2008 and 2009. Section 4(b)(3)(B) of the Endangered On February 10, 2009, we published This lack of knowledge has led to the Species Act of 1973, as amended (Act) our finding that the petition to list the recent efforts to obtain information on (16 U.S.C. 1531 et seq.) requires that, for Wyoming pocket gopher presented its distribution, status, and habitat use any petition to revise the Federal Lists substantial scientific or commercial (Keinath and Griscom 2008, p. 1; of Endangered and Threatened Wildlife information indicating that listing the Griscom et al. 2010, p. 3). Where and Plants that presents substantial species may be warranted (74 FR 6558). specific life-history information is scientific or commercial information On March 20, 2009, the petitioners lacking, and where appropriate, we have indicating that listing the species may provided a notice of intent to sue on provided information from other pocket be warranted, we make a finding within additional grounds for failure to gopher species, mainly in the 12 months of the date of the receipt of complete the 12–month finding within Thomomys genus. the petition. In this 12–month finding, 12 months of the petition. In a June 12, The Wyoming pocket gopher is we may determine that the petitioned 2009, stipulated settlement, the Service differentiated from other pocket gophers action is: (1) Not warranted, (2) agreed to complete the 12–month in its geographical range by being warranted, or (3) warranted, but the finding by April 10, 2010, which would smaller and paler, with a yellow cast to immediate proposal of a regulation allow us to include 2009 Wyoming the coat, especially in younger animals. implementing the petitioned action is pocket gopher survey data in our The dorsal coat is uniform in color, and precluded by other pending proposals to analysis.