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40534 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations Niles Road, St. Joseph, Michigan 49085– available by appointment, during adjacent to elfin-woods warbler existing 9659, (269) 429–0300. http:// normal business hours, at: U.S. Fish and populations must be improved before www.asabe.org/publications/ Wildlife Service, Caribbean Ecological they are suitable for the species; publications/standards.aspx. Services Field Office (see FOR FURTHER therefore, some activities that would (1) ANSI/ASABE 279.14 JUL2008, INFORMATION CONTACT). normally be prohibited under 50 CFR ‘‘Lighting and Marking of Agricultural FOR FURTHER INFORMATION CONTACT: 17.31 and 17.32 will contribute to the Equipment on Highways,’’ approved Marelisa Rivera, Deputy Field conservation of the elfin-woods warbler. August 2008, into § 562.7. Supervisor, U.S. Fish and Wildlife For the elfin-woods warbler, the Service (2) ANSI/ASAE 390.4 JAN2005, Service, Caribbean Ecological Services has determined that species-specific ‘‘Definitions and Classifications of Field Office, P.O. Box 491, Road 301 regulations authorized by section 4(d) of Agricultural Field Equipment,’’ Km. 5.1, Boquero´n, PR 00622; telephone the Act are necessary and advisable to approved February 2005, into § 562.3. 787–851–7297; facsimile 787–851–7440. provide for the conservation of this (b) [Reserved]. Persons who use a telecommunications species. Issued on June 14, 2016, in Washington, device for the deaf (TDD) may call the Peer review and public comment. We DC, under authority delegated in 49 CFR 1.95 Federal Information Relay Service sought comments from independent and 501.5. (FIRS) at 800–877–8339. specialists to ensure that our Mark R. Rosekind, SUPPLEMENTARY INFORMATION: determination is based on scientifically Administrator. sound data, assumptions, and analyses. Executive Summary We invited these peer reviewers to [FR Doc. 2016–14571 Filed 6–21–16; 8:45 am] Why we need to publish a rule. Under comment on the listing proposal. We BILLING CODE 4910–59–P the Endangered Species Act, a species considered all comments and may warrant protection through listing information we received during the if it is endangered or threatened comment period. DEPARTMENT OF THE INTERIOR throughout all or a significant portion of Previous Federal Action its range. Listing a species as an Fish and Wildlife Service endangered or threatened species can Please refer to the proposed listing only be completed by issuing a rule. rule (80 FR 58674, September 30, 2015) 50 CFR Part 17 This rule finalizes the listing of the for a detailed description of previous [Docket No. FWS–R4–ES–2015–0144; elfin-woods warbler (Setophaga Federal actions concerning the elfin- 4500030113] angelae) as a threatened species. It woods warbler. includes provisions under the authority RIN 1018–BA94 Summary of Comments and of section 4(d) of the Act that are Recommendations necessary and advisable for the Endangered and Threatened Wildlife In the proposed rule published on and Plants; Threatened Species Status conservation needs of the elfin-woods warbler. September 30, 2015 (80 FR 58674), we for the Elfin-Woods Warbler With 4(d) requested that all interested parties Rule The basis for our action. Under the Act, we may determine that a species is submit written comments on the AGENCY: Fish and Wildlife Service, a threatened species based on any of proposal by November 30, 2015. We Interior. five factors: (A) The present or also contacted appropriate Federal and ACTION: Final rule. threatened destruction, modification, or State agencies, scientific experts and curtailment of its habitat or range; (B) organizations, and other interested SUMMARY: We, the U.S. Fish and overutilization for commercial, parties and invited them to comment on Wildlife Service (Service), determine recreational, scientific, or educational the proposal. On October 3, 2015, we threatened species status under the purposes; (C) disease or predation; (D) published a newspaper notice in the Endangered Species Act (Act), as the inadequacy of existing regulatory Primera Hora inviting general public amended, for the elfin-woods warbler mechanisms; or (E) other natural or comment. We did not receive any (Setophaga angelae), a bird species in manmade factors affecting its continued requests for a public hearing. existence. We have determined that this Puerto Rico. This rule will add this Peer Reviewer Comments species to the List of Endangered and species is currently at risk throughout Threatened Wildlife. We are also all of its range due to threats related to In accordance with our peer review adopting a rule under the authority of habitat modification on private lands policy published on July 1, 1994 (59 FR section 4(d) of the Act (a ‘‘4(d) rule’’) under agricultural and other land use 34270), we solicited expert opinion that is necessary and advisable to requiring vegetation clearance (Factor from six knowledgeable individuals provide for the conservation of the elfin- A) and to other natural or manmade with scientific expertise that included woods warbler. factors, such as restricted distribution familiarity with the elfin-woods warbler and its habitat, biological needs, and DATES: This rule is effective July 22, and lack of connectivity, genetic drift, threats. We received responses from 2016. hurricanes, and the effects of climate change (Factor E). four of the peer reviewers. ADDRESSES: This final rule is available Under section 4(d) of the Act, the We reviewed all comments we on the Internet at http:// Secretary of the Interior has discretion received from the peer reviewers for www.regulations.gov and http:// to issue such regulations she deems substantive issues and new information www.fws.gov/caribbean. Comments and necessary and advisable to provide for regarding the listing of elfin-woods materials we received, as well as the conservation of the species. The warbler. The peer reviewers generally supporting documentation we used in Secretary also has the discretion to concurred with our methods and preparing this rule, are available for prohibit by regulation, with respect to a conclusions, and provided additional public inspection at http:// threatened species, any act prohibited information, clarifications, and www.regulations.gov. Comments, by section 9(a)(1) of the Act. suggestions to improve this final rule. materials, and documentation that we Habitats within some of the Substantive peer reviewer comments are considered in this rulemaking will be physically degraded private lands addressed in the following summary VerDate Sep<11>2014 16:06 Jun 21, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1 sradovich on DSK3TPTVN1PROD with RULES Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 40535 and incorporated into the final rule as laws will address actions that may February 28. However, we concur with appropriate. result in take of the species. the information presented by the peer (1) Comment: One peer reviewer (4) Comment: One peer reviewer reviewer, and have made changes to this stated that the proposed listing rule did emphasized the need for research on the final rule to reflect the peer reviewer’s not include references to the Puerto elfin-woods warbler and its status to input. Rico Breeding Bird Atlas Project of the inform managers and to facilitate the Sociedad Ornitolo´gica Puertorriquen˜ a, species’ future delisting. He indicated (8) Comment: One peer reviewer Inc. (SOPI; http://www.aosbirds.org/ that automated recording units (ARUs), warned about the potential of chemicals prbba/SpeciesEWWA.html). The peer which automatically record sounds for used for agriculture (such as pesticides, reviewer noted there is one record of the later computer analyses, suggest herbicides, and fertilizers) gaining elfin-woods warbler being detected tremendous potential for surveying the access to the food chain and eventually during this project on March 31, 2005, more inaccessible sites in CCF, Toro to arthropods feeding birds such as the in an area between Jayuya and Adjuntas Negro, and EYNF. elfin-woods warbler. (hexagon 913) in the central mountains Our Response: We acknowledge this Our Response: Under the proposed of Puerto Rico by Bailey McKay and comment and will develop recovery and this final 4(d) rule, pest control Richard West. The peer reviewer also actions, including research needs, in the substances (e.g., pesticides, herbicides) indicated that during a Bicknell’s thrush recovery plan for the species. The and fertilizers will be applied only study conducted by the Vermont Center Service concurs with the peer reviewer twice a year during the establishment for Ecostudies between January and on the use of ARUs to survey for the period of shade and coffee trees (i.e., the March, 2015, elfin-woods warblers were elfin-woods warbler in inaccessible first 2 years). The Service believes that sites. We have already initiated a project detected in the Maricao Commonwealth during this period, the structure of the with academia and local Forest (MCF) and El Yunque National agroforestry system is not mature Forest (EYNF), but were not detected in nongovernmental organizations using enough to sustain the occurrence of the Carite Commonwealth Forest (CCF) ARUs to assess the presence of the elfin- elfin-woods warblers within these areas. or in the municipalities of Jayuya and woods warbler at the CCF and EYNF. Adjuntas. (5) Comment: One peer reviewer Therefore, we do not expect that the Our Response: We appreciate these made reference to the description of the elfin-woods warbler will be negatively comments. We have added the new elfin-woods warbler included in the affected by these actions. information regarding the observation of proposed listing rule, indicating that (9) Comment: A peer reviewer the elfin-woods warbler between Jayuya adult and sub-adult elfin-woods warbler suggested modifying the following and Adjuntas to this final rule. The do not have a stripe above the eyes.
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