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Vol. 79 Wednesday, No. 68 April 9, 2014 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Olympia Pocket Gopher, Roy Prairie Pocket Gopher, Tenino Pocket Gopher, and Yelm Pocket Gopher, With Special Rule; Final Rule VerDate Mar<15>2010 18:04 Apr 08, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09APR3.SGM 09APR3 mstockstill on DSK4VPTVN1PROD with RULES3 19760 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR Wildlife Office, 510 Desmond Drive, activities that promote the maintenance Lacey, WA 98503, by telephone 360– or restoration of habitat conditions Fish and Wildlife Service 753–9440, or by facsimile 360–534– required by the Mazama pocket gopher 9331. Persons who use a consistent with regulations necessary 50 CFR Part 17 telecommunications device for the deaf and advisable for the continued [FWS–R1–ES–2012–0088; 4500030113] (TDD) may call the Federal Information conservation of the four subspecies Relay Service (FIRS) at 800–877–8339. (Olympia, Roy Prairie, Tenino, and RIN 1018–AZ17 SUPPLEMENTARY INFORMATION: Yelm pocket gophers). Specifically, the Service is promulgating a special rule Endangered and Threatened Wildlife Executive Summary under section 4(d) of the Act to exempt and Plants; Threatened Species Status Why we need to publish a rule. Under take of these listed species for general for the Olympia Pocket Gopher, Roy the Act, a species may warrant activities conducted on agricultural and Prairie Pocket Gopher, Tenino Pocket protection through listing if it is ranching lands, regular maintenance Gopher, and Yelm Pocket Gopher, With endangered or threatened throughout all activities on civilian airports, control of Special Rule or a significant portion of its range. noxious weeds and invasive plants, AGENCY: Fish and Wildlife Service, Listing a species as an endangered maintenance of roadside rights-of-way, Interior. species or threatened species can only and limited activities on private ACTION: Final rule. be completed by issuing a rule landowner parcels. If an activity This rule will finalize the listing of the resulting in take of the Mazama pocket SUMMARY: We, the U.S. Fish and Olympia pocket gopher (Thomomys gopher is not exempted under this 4(d) Wildlife Service (Service), determine mazama pugetensis), Roy Prairie pocket special rule, then the general threatened species status under the gopher (T. m. glacialis), Tenino pocket prohibitions at 50 CFR 17.31 for Endangered Species Act of 1973 (Act or gopher (T. m. tumuli), and Yelm pocket threatened wildlife would apply, and ESA), as amended, for four subspecies gopher (T. m. yelmensis) as threatened we would require a permit pursuant to of the Mazama pocket gopher found in species under the Act. This rule also section 10 of the Act for such an Thurston and Pierce Counties of establishes a special rule under section activity, as specified in our regulations. Washington State: The Olympia pocket 4(d) of the Act to provide for the Nothing in this 4(d) special rule would gopher (Thomomys mazama conservation of the Mazama pocket affect the consultation requirements pugetensis), Roy Prairie pocket gopher gopher. Critical habitat for these four under section 7 of the Act. The intent (T. m. glacialis), Tenino pocket gopher subspecies of the Mazama pocket of this special rule is to increase support (T. m. tumuli), and Yelm pocket gopher gopher is published elsewhere in for the conservation of the Mazama (T. m. yelmensis). We are also today’s Federal Register. pocket gopher and provide an incentive promulgating a special rule under The basis for our action. Under the for continued management activities authority of section 4(d) of the Act that Act, we can determine that a species is that benefit the Olympia, Roy Prairie, provides measures that are necessary an endangered or threatened species Tenino, and Yelm subspecies and their and advisable for the conservation of the based on any of five factors: (A) The habitat. Mazama pocket gopher. The effect of present or threatened destruction, Peer review and public comment. We this regulation is to add these modification, or curtailment of its sought comments from independent subspecies to the list of Endangered and habitat or range; (B) Overutilization for specialists to ensure that our Threatened Wildlife, extend the Act’s commercial, recreational, scientific, or designation is based on scientifically protections to these subspecies, and educational purposes; (C) Disease or sound data, assumptions, and analyses. establish a 4(d) special rule for the predation; (D) The inadequacy of We invited these peer reviewers to conservation of the Olympia, Roy existing regulatory mechanisms; or (E) comment on our listing proposal. We Prairie, Tenino, and Yelm pocket Other natural or manmade factors obtained opinions from two gophers. affecting its continued existence. We knowledgeable individuals with scientific expertise regarding the DATES: This rule becomes effective May have determined that the four Thurston/ Mazama pocket gopher. These peer 9, 2014. Pierce subspecies of the Mazama pocket gopher are negatively impacted by one reviewers generally concurred with our ADDRESSES: This final rule is available or more of the following factors to the methods and conclusions and provided on the internet at http:// extent that each of these subspecies additional information, clarifications, www.regulations.gov and http:// meets the definition of a threatened and suggestions to improve this final www.fws.gov/wafwo/mpg.html. species under the Act: rule. Information we received from peer Comments and materials we received, as • Habitat loss through conversion and review is incorporated in this well as some of the supporting degradation of habitat, particularly from document. We also considered all documentation we used in preparing development, successional changes to comments and information received this rule, are available for public grassland habitat, military training, and from the public during our three open inspection at http:// the spread of woody plants; comment periods, which were open a www.regulations.gov. All of the • Predation; total of 135 days. We held two public comments, materials, and • Inadequate existing regulatory information workshops and a public documentation that we considered in mechanisms that allow the impacts of hearing on the proposed rule in April this rulemaking are available by significant threats such as habitat loss; 2013. appointment, during normal business and hours at: U.S. Fish and Wildlife Service, • Other natural or manmade factors, Previous Federal Actions Washington Fish and Wildlife Office, including small or isolated populations, The full candidate history and 510 Desmond Drive, Lacey, WA 98503; declining population or subpopulation previous Federal actions for the telephone 360–753–9440, facsimile sizes, and control as a pest species. Olympia, Roy Prairie, Tenino, and Yelm 360–534–9331. We are promulgating a special rule. pocket gophers (hereafter referred to as FOR FURTHER INFORMATION CONTACT: Ken We are exempting from the Act’s take ‘‘the four Thurston/Pierce subspecies of S. Berg, Manager, Washington Fish and prohibitions (at section 9) certain the Mazama pocket gopher’’) are VerDate Mar<15>2010 18:04 Apr 08, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR3.SGM 09APR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 19761 described in the proposed rule to list, comment periods. The first comment special rule for the four Thurston/Pierce establish a 4(d) special rule, and period, associated with the publication subspecies of the Mazama pocket designate critical habitat for these four of the proposed rule (77 FR 73770; gopher, and are addressed in the subspecies, published December 11, December 11, 2012), was open for 60 following summary and incorporated 2012 (77 FR 73770). In that same days, from December 11, 2012, through into the final rule as appropriate. proposed rule, we identified five February 11, 2013. We then made Comments From Peer Reviewers subspecies of Mazama pocket gopher in available the DEA of the proposed the State of Washington for removal critical habitat designation and In accordance with our peer review from the candidate list: The Olympic, reopened the comment period on the policy published on July 1, 1994 (59 FR Shelton, and Cathlamet pocket gophers proposed rule for an additional 30 days, 34270), we solicited expert opinion (Thomomys mazama melanops, T.m. from April 3, 2013, to May 3, 2013 (78 from six knowledgeable individuals louiei, and T.m. couchi, respectively) FR 20074; April 3, 2013). We also with scientific expertise that included because we determined that they are not contacted appropriate Federal, State, familiarity with the Mazama pocket warranted for listing; the Tacoma pocket tribal, county, and local agencies; gopher and its habitats, biological gopher (T.m. tacomensis) because it is scientific organizations; and other needs, and threats. Two peer reviewers extinct; and the Brush Prairie pocket interested parties and invited them to responded, and both were supportive of gopher (T. talpoides douglasii) because comment on the proposed rule and the the Service’s evaluation of the best it was added to the list due to DEA. We held two public information scientific and commercial
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  • Mazama Pocket Gopher Thomomys Mazama Merriam, 1897

    Mazama Pocket Gopher Thomomys Mazama Merriam, 1897

    SPECIES FACT SHEET PROVIDED by Washington Department of Fish and Wildlife Mazama Pocket Gopher Thomomys mazama Merriam, 1897 Protection Classification: Federal status: Candidate (statewide) and Proposed Threatened (4 Washington subspecies) State status: Threatened. NatureServe Global rank: G4 NatureServe State rank: S2 T. m. yelmensis T1T2 S1 T. m. couchi T1 S1 T. m. glacialis T1T2 S1 T. m. pugetensis T1Q S1 T. m. tumuli T1Q S1 T. m. melanops T3 S2 Mazama pocket gopher (Photo by Bill Leonard). T. m. louiei TH SH T. m. tacomensis TXQ -1 1 T. m. tacomensis is believed extinct and was not ranked. Conservation status: The subspecies of the Mazama pocket gopher in Washington have been Candidates for listing under the federal Endangered Species Act since 2001 (USFWS 2001); 3 subspecies in Thurston County, and 1 in Pierce County have been proposed for listing as Threatened (USFWS 2012). The Mazama pocket gopher was listed as a state Threatened species by the Washington Fish and Wildlife Commission in 2006. The species had been listed as a candidate for state listing as threatened, endangered, or sensitive in Washington since 1996. Prior to that time, the Roy (T. m. glacialis), Tenino (T. m. tumuli), Tacoma (T. m. tacomensis), Shelton, (T. m. couchi), and Cathlamet (T. m. louiei) subspecies had been state candidates since 1991. As a state Threatened species, unlawful taking of Mazama pocket gophers is a misdemeanor under RCW 77.15.130. The western (Mazama) pocket gopher is a Species of Local Importance in the critical area ordinances of Thurston and Pierce counties. The Shelton pocket gopher (T.