Federal Register/Vol. 76, No. 198
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63720 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR and Wildlife Service, Oregon Fish and sent a letter to Noah Greenwald, Center Wildlife Office, 2600 S.E. 98th Ave., for Biological Diversity, acknowledging Fish and Wildlife Service Suite 100, Portland, OR 97266; our receipt of the petition and providing telephone 503–231–6179; facsimile our determination that emergency 50 CFR Part 17 503–231–6195. Please submit any new listing was not warranted for the species [Docket No. FWS–R1–ES–2008–0086; information, materials, comments, or at that time. 92210–5008–3922–10–B2] questions concerning this finding to the On October 28, 2008, we published a above street address. 90-day finding for the dusky tree vole in Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Paul the Federal Register (73 FR 63919). We and Plants; 12-Month Finding on a Henson, Ph.D., Field Supervisor, U.S. found that the petition presented Petition To List a Distinct Population Fish and Wildlife Service, Oregon Fish substantial information indicating that Segment of the Red Tree Vole as and Wildlife Office (see ADDRESSES listing one of the following three entities Endangered or Threatened section). If you use a as endangered or threatened may be telecommunications device for the deaf warranted: AGENCY: Fish and Wildlife Service, (1) The dusky tree vole subspecies of (TDD), call the Federal Information Interior. the red tree vole; ACTION: Notice of 12-month petition Relay Service (FIRS) at 800–877–8339. (2) The North Oregon Coast DPS of finding. SUPPLEMENTARY INFORMATION: the red tree vole; or Background (3) The red tree vole because it is SUMMARY: We, the U.S. Fish and endangered or threatened in a Wildlife Service (Service), announce a Section 4(b)(3)(B) of the Endangered significant portion of its range. 12-month finding on a petition to list a Species Act (Act) (16 U.S.C. 1531 et As a result of that finding, we also distinct population segment of the red seq.) requires that, for any petition to initiated a status review of the species, tree vole (Arborimus longicaudus) as revise the Federal Lists of Endangered including an evaluation of the North endangered or threatened and to and Threatened Wildlife and Plants that Oregon Coast population of red tree vole designate critical habitat under the contains substantial scientific and and the red tree vole throughout its Endangered Species Act of 1973, as commercial information indicating that range. This notice constitutes our 12- amended (Act). The Petition provided listing may be warranted, we make a month finding for the petition to list the three listing options for the Service to finding within 12 months of the date of dusky tree vole as endangered or consider: Listing the dusky tree vole receipt of the petition on whether the threatened. subspecies throughout its range; listing petitioned action is: (1) Not warranted; the North Oregon Coast population of (2) warranted; or (3) warranted, but the Species Information the red tree vole (Arborimus immediate proposal of a regulation As a putative subspecies, the dusky longicaudus) as a distinct population implementing the petitioned action is tree vole is a member of the red tree vole segment (DPS); or listing the red tree precluded by other pending proposals to taxon. Some of the scientific literature is vole because it is endangered or determine whether species are specific to the ‘‘dusky tree vole,’’ but threatened in a significant portion of its endangered or threatened, and much of it describes the red tree vole range. expeditious progress is being made to and does not distinguish among After review of the best available add or remove qualified species from subspecies. For that reason, available scientific and commercial information, the Federal Lists of Endangered and information on the red tree vole is we have determined that listing the Threatened Wildlife and Plants. Section presented below with the assumption North Oregon Coast population of the 4(b)(3)(C) of the Act requires that we that it also applies to the dusky tree red tree vole as a DPS is warranted. treat a petition for which the requested vole. If the information source makes However, the development of a action is found to be warranted but distinctions between the two, they are proposed listing rule is precluded by precluded as though resubmitted on the noted, as appropriate. Published higher priority actions to amend the date of such finding; that is, requiring a literature on the red tree vole also Lists of Endangered and Threatened subsequent finding to be made within includes work conducted on the closely Wildlife and Plants. Upon publication 12 months. We must publish these 12- related Sonoma tree vole (Arborimus of this 12-month petition finding, we month findings in the Federal Register. pomo). Prior to 1991, these taxa were will add this DPS of the red tree vole to both considered red tree vole (Johnson Previous Federal Actions our candidate species list. We will and George 1991, entire). Where develop a proposed rule to list this DPS On June 22, 2007, we received a pertinent information is lacking or of the red tree vole as our priorities petition dated June 18, 2007, from the limited for the red tree vole, information allow. We will make any determination Center for Biological Diversity and six on the Sonoma tree vole is presented on critical habitat during development other organizations and individuals because there have been no ecological or of the proposed listing rule. In any (hereafter, ‘‘the petitioners’’), requesting life-history differences noted for the two interim period, we will address the that we list the dusky tree vole as an species (Smith et al. 2003, p. 187). status of the candidate taxon through endangered or threatened species and Tree voles are small, mouse-sized our annual Candidate Notice of Review designate critical habitat. The rodents that live in conifer forests and (CNOR). petitioners requested that if we found spend almost all of their time in the tree DATES: This finding was made on the dusky tree vole was not a listable canopy. Tree voles rarely come to the October 13, 2011. entity as a subspecies, we either list the ground, and do so only to move briefly ADDRESSES: This finding is available on North Oregon Coast population of the between trees. They are one of the few the Internet at http:// red tree vole as a distinct population animals to persist on a diet of conifer www.regulations.gov. Supporting segment (DPS), or list the red tree vole needles, which is their principal food. documentation we used in preparing because it is endangered or threatened When eating, tree voles strip away the this finding is available for public in a significant portion of its range, resin ducts within conifer needles and inspection, by appointment, during including the North Oregon Coast eat the remaining portion; resin ducts normal business hours at the U.S. Fish population. On September 26, 2007, we contain terpenoid chemicals that make VerDate Mar<15>2010 15:58 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13OCP2.SGM 13OCP2 emcdonald on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Proposed Rules 63721 them unpalatable to most species. Red found in Tillamook County and Cascade Range to the east (Miller et al. tree voles live singly (or with young, in originally classified as a distinct 2006a, Fig.1, pp. 146, 151–152). the case of females) in nests made of species, P. silvicolus (Howell 1921, Although Miller et al. (2006a, entire) vegetation and other materials. Swingle entire), later renamed P. silvicola (Miller found genetic discontinuities in the red (2005, p. 2) summarized the sizes of red 1924, p. 400). Taylor (1915, p. 156) tree vole in Oregon, the authors did not tree vole nests as ranging from ‘‘very established the subgenus Arborimus for comment on the taxonomic status of the small ephemeral structures about the tree voles, which Johnson (1968, p. 27; species. Subsequent conversations with size of a grapefruit, to large old maternal 1973, p. 243) later proposed elevating to the geneticists who authored this paper nests that may be nearly as large as a full generic rank, although this genus indicated that the genetic differences bushel basket and completely encircle has not been universally adopted (e.g., described in Miller et al. (2006a, entire) the trunk of the tree (Taylor 1915; Verts and Carraway 1998, pp. 309–311). were substantial enough to potentially Howell 1926; Verts and Carraway For the purpose of this finding, we use warrant taxonomically classifying the 1998).’’ Nests of females tend to be the generic classification, Arborimus, three genetically distinct groups as larger than those of males. Males and adopted by the petitioners. separate subspecies if there were Johnson (1968, p. 27) concluded that females live separate lives once leaving corresponding differences in other analysis of blood proteins and the nest, only coming together to breed. traits, such as behavior or morphology, Further details of the life-history hemoglobin from dusky and red tree voles ‘‘* * * suggested combining the to provide additional support (Miller characteristics of tree voles are and Haig 2009, pers. comm.). Recent presented below. named forms of Arborimus into a single species * * *’’. Hall (1981, p. 788) cited review of external morphological Taxonomy and Description Johnson (1968, p. 27) as suggesting a characters by Miller et al. (2010, entire) did not distinguish dusky tree voles Tree voles are less than 8.2 inches (in) ‘‘subspecific relationship of the two from red tree voles, but the authors (209 millimeters (mm)) long and weigh taxa,’’ and others have cited Johnson as noted that additional analysis of other up to 1.7 ounces (oz) (49 grams (g)) well in supporting the classification of physical characteristics (e.g., fur color) (Hayes 1996, p.