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Withdrawal of the Proposed Rule to List the Mountain Plover As Threatened; Proposed Rule

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Withdrawal of the Proposed Rule to List the Mountain Plover As Threatened; Proposed Rule Vol. 76 Thursday, No. 92 May 12, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List the Mountain Plover as Threatened; Proposed Rule VerDate Mar<15>2010 14:51 May 11, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12MYP2.SGM 12MYP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 27756 Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR ADDRESSES). If you use a proposal to list the mountain plover (67 telecommunications device for the deaf FR 72396). We further agreed to submit Fish and Wildlife Service (TDD), call the Federal Information a final listing determination for the Relay Service (FIRS) at 800–877–8339. mountain plover to the Federal Register 50 CFR Part 17 SUPPLEMENTARY INFORMATION: no later than May 1, 2011. On June 29, 2010, we published a [Docket No. FWS–R6–ES–2010–0038; MO Background 92210–0–0008–B2] document in the Federal Register Previous Federal Actions notifying the public that we were RIN 1018–AX26 For a detailed description of Federal reinstating that portion of our December Endangered and Threatened Wildlife actions concerning the mountain plover, 5, 2002, proposed rule to list the and Plants; Withdrawal of the please refer to the February 16, 1999, mountain plover as threatened under Proposed Rule To List the Mountain proposed rule to list the species (64 FR the Act (75 FR 37353). We did not Plover as Threatened 7587); the December 5, 2002, proposed reinstate that portion of the December 5, rule to list the species with a special 2002, proposed rule regarding a AGENCY: Fish and Wildlife Service, rule under section 4(d) of the Act (16 proposed special rule under section 4(d) Interior. U.S.C. 1531 et seq.) (67 FR 72396); and of the Act. The proposed special rule ACTION: Proposed rule; withdrawal. the September 9, 2003, withdrawal of was designed to allow researchers to the proposed rule to list the species (68 complete field research and analyze SUMMARY: We, the U.S. Fish and data for an ongoing study, and Wildlife Service (Service), announce our FR 53083). The document we published on addressed agricultural activities only decision to withdraw the proposed September 9, 2003 (68 FR 53083), through December 31, 2004. To ensure listing of the mountain plover withdrew the entire proposed rule we that our review of the species’ status (Charadrius montanus) as a threatened published on December 5, 2002 (67 FR was complete and based on the best species under the authority of the 72396), including our proposal to list available scientific and commercial Endangered Species Act of 1973, as the mountain plover as a threatened information, we requested comments on amended (Act). After a thorough review species and our proposed special 4(d) the proposal to list the mountain plover of all available scientific and rule. The September 9, 2003, document as a threatened species, including all commercial information, we have also addressed comments we received information related to the species’ status determined that the species is not on both the 1999 and 2002 proposals to and the proposed listing. We invited endangered or threatened throughout all list the mountain plover and public comments on the proposed or a significant portion of its range. We summarized threat factors affecting the listing, new information relevant to our make this determination because threats species. The withdrawal of the proposed consideration of the status of the to the species as identified in the rule was based on our conclusion that mountain plover, and comments and proposed rule are not as significant as the threats to the mountain plover information regarding threats to the earlier believed and currently available identified in the proposed rule were not species and its habitat. data do not indicate that the threats to as significant as previously believed and the species and its habitat, as analyzed Species Information that currently available data did not under the five listing factors described indicate that threats to the species and Our February 16, 1999, and December in section 4(a)(1) of the Act, are likely its habitat, as analyzed under the five 5, 2002, proposed rules (64 FR 7587 and to endanger the species in the listing factors described in section 67 FR 72396, respectively), and our foreseeable future throughout all or a 4(a)(1) of the Act, were likely to September 9, 2003, withdrawal of our significant portion of its range. endanger the species in the foreseeable 2002 proposal to list the mountain DATES: The December 5, 2002 (67 FR future throughout all or a significant plover (68 FR 53083) described the 72396), proposal to list the mountain portion of its range. species’ life history, ecology, and habitat plover as a threatened species is On November 16, 2006, Forest use. For additional background on the withdrawn as of May 12, 2011. Guardians (now WildEarth Guardians) natural history of the mountain plover, ADDRESSES: This finding is available for and the Biological Conservation see the account of the species in The viewing on the Internet at http:// Alliance filed a complaint in the District Birds of North America (Knopf and www.regulations.gov (see Docket No. Court for the Southern District of Wunder 2006). FWS–R6–ES–2010–0038) and http:// California challenging the September 9, While the majority of relevant www.fws.gov/mountain-prairie/species/ 2003, withdrawal of the proposal to list information directly pertaining to the birds/mountainplover and also by the mountain plover (68 FR 53083). We mountain plover that has become appointment, during normal business entered into a settlement agreement available since our December 5, 2002, hours, at the U.S. Fish and Wildlife with the plaintiffs, which was filed by proposal to list (67 FR 72396) and Service, Colorado Ecological Services the court on August 28, 2009. As part September 9, 2003, withdrawal of that Office, 134 Union Boulevard, Suite 670, of the settlement agreement, we agreed proposal (68 FR 53083) has resulted Lakewood, CO 80225; telephone 303– to reconsider our decision to withdraw from local or Statewide studies on the 236–4773; facsimile 303–236–4005. the proposed listing of the mountain mountain plover’s breeding range; two Please submit any new information, plover and to submit to the Federal recent documents provide extensive materials, comments or questions Register by July 31, 2010, a document review of current knowledge regarding concerning this finding to the Colorado reopening the December 5, 2002, the mountain plover: Ecological Services Field Office at P.O. proposal to list the mountain plover (67 (1) Mountain Plover (Charadrius Box 25486, DFC (MS 65412), Denver, FR 72396) that would also request montanus) in Birds of North America Colorado 80225. public comments. We agreed to vacate (Knopf and Wunder 2006); and FOR FURTHER INFORMATION CONTACT: our 2003 withdrawal of the proposed (2) Conservation Plan for the Susan Linner, Field Supervisor, U.S. rule upon publication of the Federal Mountain Plover (Charadrius Fish and Wildlife Service, Colorado Register notice reopening public montanus), Version 1.0 (Andres and Ecological Services Field Office (see comment on the December 5, 2002, Stone 2009). VerDate Mar<15>2010 14:51 May 11, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12MYP2.SGM 12MYP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Proposed Rules 27757 Numerous other recent documents are grounds in northeastern Colorado in late normally tends each nest and brood. summarized in our June 29, 2010, March (Graul 1975, p. 6). Arrival is The minimum habitat requirement for notification reinstating our December 5, earlier farther south and later in mountain plover broods in Montana was 2002, proposed rule to list the mountain Montana and at higher elevations in 70 acres (ac) (28 hectares (ha)) (Knopf plover as threatened under the Act (75 South Park, Colorado (Knopf and and Rupert 1996, p. 33), and brood FR 37353). These include over twenty Wunder 2006). Mountain plover are home ranges averaged 143 ac (57 ha) on peer-reviewed journal articles, and territorial during the breeding season, rangeland in Colorado (Knopf and many other reports and summaries with males defending territories shortly Rupert 1996, p. 31). Brood home ranges relevant to the status of the mountain after arrival (Knopf and Wunder 2006). appeared similar for three Colorado plover that have become available since Mountain plover are generally landscapes (Dreitz and Knopf 2007, p. 2002. monogamous; they form pairs and begin 129). Parents stay with chicks until they The following sections highlight and courtship on arrival at their breeding fledge, which occurs at about 33 to 34 update information on the mountain grounds. Nests consist of a simple days (Graul 1975, p. 25). Mountain plover with emphasis on information ground scrape. Egg laying in plover breed their first spring and every developed since 2002. northeastern Colorado begins in late year thereafter (Knopf and Wunder Taxonomy and Species Description April and extends through mid-June 2006). (Graul 1975, p. 7). Graul (1973, p. 84) The mountain plover (Charadius described mountain plover nesting as a Habitat and Range montanus) is a small bird in the order ‘‘ ’’ rapid multi-clutch system. The female Although often thought of as a Charadriiformes, family Charadriidae. normally produces two clutches, grassland species, the mountain plover No subspecies are recognized. It is a typically three eggs each, at different may best be described as a species of migratory, terrestrial shorebird nest sites; the male incubates the first averaging 8 inches (21 centimeters) in disturbed prairie or semi-desert habitat nest site while the female incubates the body length.
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