Federal Register/Vol. 77, No. 247/Wednesday, December 26
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules 75947 DEPARTMENT OF THE INTERIOR you use a telecommunications device • When the continental U.S. breeding for the deaf (TDD), please call the population of wood stork was listed in Fish and Wildlife Service Federal Information Relay Service 1984, the population was known to (FIRS) at 800–877–8339, 24 hours a day, occur only in Florida, Georgia, South 50 CFR Part 17 7 days a week. Carolina, and Alabama. Based on new [Docket No. FWS–R4–ES–2011–0020; SUPPLEMENTARY INFORMATION: information about where the population 92220–1113–0000–C6] is found and where nesting is occurring, Executive Summary the population is now known to occur RIN 1018–AX60 Why We Need To Publish a Rule in North Carolina and Mississippi in addition to Florida, Georgia, South Endangered and Threatened Wildlife • In September 2007, we completed a Carolina, and Alabama. and Plants; Reclassification of the 5-year status review, which included a • The best available scientific and Continental U.S. Breeding Population recommendation to reclassify the commercial data indicate that since the of the Wood Stork From Endangered to continental U.S. breeding population of continental U.S. breeding population of Threatened the wood stork from endangered to wood stork was listed as endangered in threatened. AGENCY: Fish and Wildlife Service, 1984, the population has been • In May 2009, we received a petition Interior. increasing and its breeding range has to reclassify the continental U.S. ACTION: Proposed rule and notice of expanded significantly. breeding population of wood stork; the • Downlisting criteria from the petition finding. petition incorporated the Service’s 5- recovery plan have been met or SUMMARY: We, the U.S. Fish and year review as its sole supporting exceeded. We have had 3-year information. population averages of total nesting Wildlife Service (Service or USFWS), • propose to reclassify the continental On September 21, 2010, we pairs of wood storks higher than 6,000 United States (U.S.) breeding population published a 90-day finding that the nesting pairs since 2003. However, the of wood stork from endangered to petition presented substantial 5-year average number of nesting pairs threatened under the Endangered information indicating that reclassifying is still below the benchmark of 10,000 Species Act of 1973, as amended (Act). the wood stork may be warranted (75 FR nesting pairs identified in the recovery 57426). plan for delisting. In addition, We find that the best available scientific • and commercial data indicate that the This proposed rule, in accordance productivity, even though variable, is endangered designation no longer with section 4(b)(3)(B) of the sufficient to support a growing correctly reflects the current status of Endangered Species Act (Act), population. • the continental U.S. breeding constitutes our 12-month finding on the As a result of continued loss, population of the wood stork due to a petition we received. fragmentation, and modification of substantial improvement in the species’ Summary of the Major Provisions of wetland habitats in parts of the wood overall status. This proposed rule also This Proposed Rule stork’s range, we find that the constitutes our 12-month finding on the continental U.S. wood stork DPS meets • We propose to reclassify the petition to reclassify the species. the definition of a threatened species continental U.S. breeding population of under section 3 of the Act. DATES: We will accept comments on this wood stork from endangered to proposed rule received or postmarked threatened. Public Comments on or before February 25, 2013. We must • This proposed rule constitutes our We intend that any final action receive requests for a public hearing, in 12-month petition finding. resulting from this proposed rule will be FOR writing at the address shown in the • We determine that the continental as accurate and as effective as possible. FURTHER INFORMATION CONTACT section, U.S. breeding population of wood stork Therefore, we are requesting comments by February 11, 2013. meets the criteria of a distinct from other concerned governmental ADDRESSES: You may submit comments population segment (DPS) under our agencies, Native American Tribes, the by one of the following methods: 1996 DPS policy (61 FR 4722). scientific community, industry, or any • Federal eRulemaking Portal: http:// • We propose to amend the List of other interested party concerning this www.regulations.gov. Follow the Endangered and Threatened Wildlife proposed rule. We particularly seek instructions for submitting comments (50 CFR 17.11(h)) to reflect that the U.S. information and comments concerning: on Docket No. FWS–R4–ES–2011–0020. wood stork DPS is found in the States (1) The historical and current status • U.S. mail or hand-delivery: Public of Florida, Georgia, South Carolina, and distribution of the wood stork, its Comments Processing, Attn: FWS–R4– North Carolina, Alabama, and biology and ecology, and ongoing ES–2011–0020; Division of Policy and Mississippi. conservation measures for the species Directives Management; U.S. Fish and and its habitat. The Basis for Our Action Wildlife Service; 4401 N. Fairfax Drive, (2) Wood stork nesting colony Suite 222; Arlington, VA 22203. • The continental U.S. breeding location data (latitude/longitude in We will post all comments on population of wood stork was listed decimal degrees to confirm or improve http://www.regulations.gov. This under the Act in 1984, prior to our location accuracy); nest census generally means that we will post any publication of the joint policy of the counts and survey dates; years when a personal information you provide us National Marine Fisheries Service and colony was active or not; years and (see the Public Comments section below U.S. Fish and Wildlife Service dates when a colony was abandoned for more information). (Services) regarding the recognition of (fully or partially); and annual FOR FURTHER INFORMATION CONTACT: distinct vertebrate population segments productivity rates (per total nest starts Field Supervisor, North Florida (61 FR 4722). We find that the and per successful nests) and average Ecological Services Field Office, 7915 continental U.S. breeding population of chicks per nest estimates from Baymeadows Way, Suite 200, wood stork meets the discreteness and continental U.S. colonies. Jacksonville, FL 32256; telephone 904– significance elements of the Services’ (3) Current or planned activities 731–3336; facsimile 904–731–3045. If DPS policy and is a valid DPS. within the geographic range of the VerDate Mar<15>2010 06:27 Dec 22, 2012 Jkt 229001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\26DEP1.SGM 26DEP1 ebenthall on DSK5TPTVN1PROD with 75948 Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Proposed Rules continental U.S. breeding population of and reports, including the revised also occasionally consume crustaceans, the wood stork that may impact or recovery plan for the continental U.S. amphibians, reptiles, mammals, birds, benefit the species, including any breeding population of the wood stork and arthropods (Coulter et al. 1999, p. acquisition of large tracts of wetlands, (USFWS 1997), The Birds of North 7). Wood storks forage in a variety of wetland restoration projects, planned America Online species account for shallow wetlands, wherever prey developments, roads, or expansion of wood stork (Coulter et al. 1999), and the concentrations reach high enough agricultural or mining enterprises, South Florida Multi-Species Recovery densities, in water that is shallow and especially those near nesting colonies Plan (USFWS 1999). open enough for the birds to be and surrounding suitable foraging successful in their hunting efforts Taxonomy and Species Description habitats. (Ogden et al. 1978, pp. 15–17; Browder Prior to issuing a final rule on this The wood stork (Mycteria americana) 1984, p. 94; Coulter and Bryan 1993, p. proposed action, we will take into is one of 19 species of storks that make 59). Fish populations reach high consideration all comments and up the family Ciconiidae (Coulter et al. numbers during the wet season, but additional information we receive. Such 1999, p. 3). It is one of three species of become concentrated in increasingly information may lead to a final rule that storks found in the western hemisphere restricted habitats as drying occurs. differs from this proposal. All comments (Coulter et al. 1999, p. 3) and the only Typical foraging sites include and recommendations, including names stork that breeds north of Mexico freshwater marshes, swales, ponds, and addresses, will become part of the (Ogden 1990, p. B–3). The wood stork hardwood and cypress swamps, narrow administrative record for the final rule. shows no obvious morphological tidal creeks or shallow tidal pools, and You may submit your comments and differentiation across its range, and no artificial wetlands (such as stock ponds; materials concerning this proposed rule subspecies have been proposed. shallow, seasonally flooded, roadside or by one of the methods listed in the The wood stork is a large, long-legged agricultural ditches; and ADDRESSES section. If you submit a wading bird, with a head-to-tail length impoundments) (Coulter and Bryan comment via http:// of 85–115 centimeters (cm) (33–45 1993, p. 59; Coulter et al. 1999, p. 5). www.regulations.gov, your entire inches (in)) and a wingspread of 150– The wetland foraging areas near a comment, including any personal 165 cm (59–65 in- or roughly 5 to 5.5 nesting colony play a vital role during identifying information, will be posted feet). The plumage is white, except for the nesting season (Cox et al. 1994, p. on the Web site. Please note that iridescent black primary and secondary 135). Nesting wood storks generally use comments submitted to this Web site are wing feathers and a short black tail.