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Federal Register/Vol. 81, No. 190/Friday, September 30, 2016 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67193 (3) Compliance deadline for existing South Dearborn, Suite 2938, Chicago, IL our determination is based on sources. Existing sources lawfully 60604; telephone 312–216–4720. scientifically sound data, assumptions, discharging into publicly owned Persons who use a telecommunications and analyses. We invited these peer treatment works on or between April 7, device for the deaf (TDD) may call the reviewers to comment on our listing 2015 and June 28, 2016 shall comply Federal Information Relay Service proposal. We also considered all with the PSES by August 29, 2019. All (FIRS) at 800–877–8339. comments and information we received other existing sources shall comply by SUPPLEMENTARY INFORMATION: during the comment period. August 29, 2016. The SSA report underwent Executive Summary * * * * * independent peer review by 21 [FR Doc. 2016–23456 Filed 9–29–16; 8:45 am] Why we need to publish a rule. Under scientists with expertise in eastern BILLING CODE 6560–50–P the Act, a species may warrant massasauga rattlesnake biology, habitat protection through listing if it is management, and stressors (factors endangered or threatened throughout all negatively affecting the species) to the or a significant portion of its range. species. The SSA report and other DEPARTMENT OF THE INTERIOR Listing a species as an endangered materials relating to this determination Fish and Wildlife Service species or threatened species can only can be found on the Midwest Region be completed by issuing a rule. Web site at http://www.fws.gov/ 50 CFR Part 17 Additionally, under the Act, critical midwest/Endangered/ and at http:// habitat shall be designated, to the www.regulations.gov under Docket No. [Docket No. FWS–R3–ES–2015–0145; maximum extent prudent and FWS–R3–ES–2015–0145. 4500030113] determinable, for any species Previous Federal Actions determined to be an endangered species RIN 1018–BA98 or threatened species under the Act. We On September 30, 2015, the Service Endangered and Threatened Wildlife have determined that designating published a proposed rule (80 FR and Plants; Threatened Species Status critical habitat is not prudent for the 58688) to list the eastern massasauga for the Eastern Massasauga eastern massasauga rattlesnake due to rattlesnake as a threatened species Rattlesnake an increased risk of collection and under the Act (16 U.S.C. 1531 et seq.). persecution. We accepted public comments on the AGENCY: Fish and Wildlife Service, This rule makes final the listing of the proposed rule for 60 days, ending Interior. eastern massasauga rattlesnake November 30, 2015. Please refer to the ACTION: Final rule. (Sistrurus catenatus) as a threatened proposed rule (80 FR 58688; September species. 30, 2015) for a detailed description of SUMMARY: We, the U.S. Fish and The basis for our action. Under the previous Federal actions concerning this Wildlife Service (Service), determine Act, we can determine that a species is species. threatened species status under the an endangered or threatened species Background Endangered Species Act of 1973 (Act), based on any of five factors: (A) The as amended, for the eastern massasauga present or threatened destruction, Please refer to the proposed listing rattlesnake (Sistrurus catenatus), a modification, or curtailment of its rule (80 FR 58688; September 30, 2015) rattlesnake species found in 10 States habitat or range; (B) overutilization for for a summary of species information. and 1 Canadian Province. The rule adds commercial, recreational, scientific, or Summary of Biological Status and educational purposes; (C) disease or this species to the Federal List of Threats Endangered and Threatened Wildlife. predation; (D) the inadequacy of We have also determined that the existing regulatory mechanisms; or (E) The Act directs us to determine designation of critical habitat for the other natural or manmade factors whether any species is an endangered eastern massasauga rattlesnake is not affecting its continued existence. species or a threatened species because prudent due to an increased risk of Although there are several factors that of any factors affecting its continued collection and persecution. are affecting the eastern massasauga existence. We completed a rattlesnake’s status, the loss of habitat comprehensive assessment of the DATES: This rule is effective October 31, was historically, and continues to be, biological status of the eastern 2016. the primary threat, either through massasauga rattlesnake, and prepared ADDRESSES: This final rule is available development or through changes in the SSA report, which provides a on the Internet at http:// habitat structure due to vegetative thorough description of the species’ www.regulations.gov and http:// succession. overall viability. We generally defined www.fws.gov/midwest/endangered/ Peer review and public comment. A viability as the ability of the species to reptiles/eama/index.html. Comments Species Status Assessment (SSA) team maintain self-sustaining populations and materials we received, as well as prepared an SSA report (Szymanski et over the long term. We used the supporting documentation we used in al. 2016) for the eastern massasauga conservation biology principles of preparing this rule, are available for rattlesnake. The SSA team was resiliency, representation, and public inspection at http:// composed of Service biologists, in redundancy in our analysis. Briefly, www.regulations.gov or by appointment, consultation with other species experts. resiliency is the ability of the species to during normal business hours at: U.S. The SSA represents a compilation of the withstand environmental stochasticity Fish and Wildlife Service, Chicago best available scientific and commercial (unpredictable fluctuations in Ecological Services Field Office, 230 data concerning the biological status of environmental conditions (for example, South Dearborn, Suite 2938, Chicago, IL the species, including the impacts of wet or dry, warm or cold years)); 60604; telephone 312–216–4720. past, present, and future factors (both redundancy is the ability of the species FOR FURTHER INFORMATION CONTACT: negative and beneficial) affecting the to withstand catastrophic events (for Louise Clemency, Field Supervisor, U.S. eastern massasauga rattlesnake. We example, droughts, hurricanes); and Fish and Wildlife Service, Chicago sought comments on the SSA from representation is the ability of the Ecological Services Field Office, 230 independent specialists to ensure that species to adapt over time to long-term VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1 asabaliauskas on DSK3SPTVN1PROD with RULES 67194 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations changes in the environment (for and ecological processes that maintain structure our analysis of viability with example, climate changes). In general, suitable habitat, and connectivity among regards to representation. the more redundant, representative, and these microhabitats. In the SSA report, Species’ Current Condition resilient a species is, the more likely it a self-sustaining population of eastern is to sustain populations over time, even massasauga rattlesnakes is defined as The documented historical range of under changing environmental one that is demographically, genetically, the eastern massasauga rattlesnake conditions. Using these principles, we and physiologically robust (a population included sections of western New York, considered the eastern massasauga with 50 or more adult females and a western Pennsylvania, southeastern rattlesnake’s needs at the individual, stable or increasing growth rate), with a Ontario, the upper and lower peninsulas population, and species scales. We also high level of persistence (a probability of Michigan, the northern two-thirds of identified the beneficial factors and of persistence greater than 0.9) given its Ohio and Indiana, the northern three- stressors influencing the species’ habitat conditions and the risk or quarters of Illinois, the southern half of viability. We considered the degree to beneficial factors operating on it. Wisconsin, extreme southeast which the species’ ecological needs are We relied on a population-specific Minnesota, east-central Missouri, and met both currently and as can be model developed by Faust et al. (2011, the eastern third of Iowa. The limits of reliably forecasted into the future, and entire) (hereafter referred to as the Faust the current range of the species we assessed the consequences of any model) to assess the health of resemble the boundaries of its historical unmet needs as they relate to species populations across the eastern range; however, the geographic viability. In this section, we summarize massasauga rattlesnake’s range. Faust distribution of extant localities has been the conclusions of the SSA, which can and colleagues developed a generic, restricted by the loss of populations be accessed in the SSA report at http:// baseline model for a hypothetical, from much of the area within the www.fws.gov/midwest/Endangered/ and healthy (growing) eastern massasauga boundaries of that range. As a result of at http://www.regulations.gov under rattlesnake population. Using this the stressors acting on eastern Docket No. FWS–R3–ES–2015–0145. baseline model and site-specific massasauga rattlesnake populations, the For survival and reproduction
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