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Proposed Listing of the Mount Charleston Blue Butterfly As Vol. 77 Thursday, No. 188 September 27, 2012 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Listing of the Mount Charleston Blue Butterfly as Endangered and Proposed Listing of Five Blue Butterflies as Threatened Due to Similarity of Appearance; Proposed Rule VerDate Mar<15>2010 18:28 Sep 26, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27SEP3.SGM 27SEP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 59518 Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR (2) By hard copy: Submit by U.S. mail our proposal within one year. Critical or hand-delivery to: Public Comments habitat shall be designated, to the Fish and Wildlife Service Processing, Attn: FWS–R8–ES–2012– maximum extent prudent and 0069, Division of Policy and Directives determinable, for any species 50 CFR Part 17 Management, U.S. Fish and Wildlife determined to be an endangered or [FWS–R8–ES–2012–0069; 4500030114] Service, 4401 N. Fairfax Drive, MS threatened species under the Act. 2042–PDM, Arlington, VA 22203. Listing a species as an endangered or RIN 1018–AY52 We request that you send comments threatened species and designations and only by the methods described above. revisions of critical habitat can only be Endangered and Threatened Wildlife We will post all comments on http:// completed by issuing a rule. and Plants; Proposed Listing of the www.regulations.gov. This generally This rule proposes endangered status Mount Charleston Blue Butterfly as means that we will post any personal for the Mt. Charleston blue butterfly and Endangered and Proposed Listing of information you provide us (see the proposes threatened status for the Five Blue Butterflies as Threatened Public Comments section below for lupine blue butterfly, Reakirt’s blue Due to Similarity of Appearance more information). butterfly, Spring Mountains icarioides AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: blue butterfly, and two Spring Interior. Edward D. Koch, Field Supervisor, U.S. Mountains dark blue butterflies based ACTION: Proposed rule. Fish and Wildlife Service, Nevada Fish on similarity of appearance to the Mt. and Wildlife Office, 1340 Financial Charleston blue butterfly. This rule also SUMMARY: We, the U.S. Fish and Blvd., Suite 234, Reno, Nevada 89502, finds that designation of critical habitat Wildlife Service, propose to list the by telephone 775–861–6300 or by for the Mt. Charleston blue butterfly is Mount Charleston blue butterfly facsimile 775–861–6301. Persons who not prudent at this time. (Plebejus shasta charlestonensis) as an use a telecommunications device for the The basis for our action. Under the endangered species under the deaf (TDD) may call the Federal Act, we can determine that a species is Endangered Species Act of 1973, as Information Relay Service (FIRS) at an endangered or threatened species amended (Act). We also propose to list 800–877–8339. based on any of five factors: (A) The the lupine blue butterfly (Plebejus SUPPLEMENTARY INFORMATION: present or threatened destruction, lupini texanus), Reakirt’s blue butterfly modification, or curtailment of its (Echinargus isola), Spring Mountains Executive Summary habitat or range; (B) Overutilization for icarioides blue butterfly (Plebejus This document consists of: (1) A commercial, recreational, scientific, or icarioides austinorum), and the two proposed rule to list the Mount (Mt.) educational purposes; (C) Disease or Spring Mountains dark blue butterflies Charleston blue butterfly (Plebejus predation; (D) The inadequacy of (Euphilotes ancilla cryptica and E. a. shasta charlestonensis) (formerly in existing regulatory mechanisms; or (E) purpura) as threatened due to similarity genus Icaricia) as an endangered species Other natural or manmade factors of appearance to the Mount Charleston and a proposed rule to list the lupine affecting its continued existence. We blue, with a special rule pursuant to blue butterfly (Plebejus lupini texanus), have determined that the Mt. Charleston section 4(d) of the Act. We solicit Reakirt’s blue butterfly (Echinargus blue butterfly is threatened by: additional data, information, and isola), Spring Mountains icarioides blue • Habitat loss and degradation due to comments that may assist us in making butterfly (Plebejus icarioides fire suppression and succession, a final decision on this proposed action. austinorum), and the two Spring implementation of recreation In addition, we propose to make Mountains dark blue butterflies development projects and fuels nonsubstantive, administrative changes (Euphilotes ancilla cryptica and E. a. reduction projects, and nonnative plant to a previously published listing and purpura) as threatened due to similarity species (Factor A); special rule regarding five other of appearance to the Mt. Charleston blue • Collection (Factor B); butterflies to correct some inadvertent butterfly; (2) a prudency determination • Inadequate regulatory mechanisms errors and to make these two special regarding critical habitat designation for (Factor D); and rules more consistent. the Mt. Charleston blue butterfly; and • Drought and extreme precipitation DATES: We will accept comments (3) nonsubstantive, administrative events, which are predicted to increase received or postmarked on or before corrections to a previously published as a result of climate change (Factor E). November 26, 2012. Comments listing of the Miami blue butterfly We have additionally determined that submitted electronically using the (Cyclargus thomasi bethunebakeri) and five species of blue butterflies warrant Federal eRulemaking Portal (see special rule regarding the cassius blue listing based on similarity of appearance ADDRESSES section, below) must be butterfly (Leptotes cassius theonus), to the Mt. Charleston blue butterfly: received by 11:59 p.m. Eastern Time on ceraunus blue butterfly (Hemiargus • Lupine blue butterfly; the closing date. We must receive ceraunus antibubastus), and nickerbean • Reakirt’s blue butterfly; requests for public hearings, in writing, blue butterfly (Cyclargus ammon). • Spring Mountains icarioides blue at the address shown in the ADDRESSES Why we need to publish a rule. Under butterfly; and section by November 13, 2012. the Endangered Species Act (Act), a • Two Spring Mountains dark blue ADDRESSES: You may submit comments species may warrant protection through butterflies. by one of the following methods: listing if it is an endangered or Further, we have determined that it is (1) Electronically: Go to the Federal threatened species throughout all or a not prudent to designate critical habitat eRulemaking Portal: http:// significant portion of its range. If a for the Mt. Charleston blue butterfly www.regulations.gov. In the Search box, species is determined to be an because the benefits are clearly enter Docket No. FWS–R8–ES–2012– endangered or threatened species outweighed by the expected increase in 0069, which is the docket number for throughout all or a significant portion of threats associated with a critical habitat this rulemaking. You may submit a its range, we are required to promptly designation: comment by clicking on ‘‘Comment publish a proposal in the Federal • Publication of maps and Now!’’ Register and make a determination on descriptions of specific critical habitat VerDate Mar<15>2010 15:03 Sep 26, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27SEP3.SGM 27SEP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Proposed Rules 59519 areas will pinpoint populations more (e) Past and ongoing conservation occupied by the species or potential precisely than does the rule; measures for the species, its habitat or habitat and their possible impacts to the • Publishing the exact locations of the both. Mt. Charleston blue butterfly. butterfly’s habitat will further facilitate (2) The factors that are the basis for (9) Information on the projected and unauthorized collection and trade. Its making a listing determination for a reasonably likely impacts of climate rarity makes the Mt. Charleston blue species under section 4(a) of the Act (16 change on the Mt. Charleston blue butterfly extremely attractive to U.S.C. 1531 et seq.), which are: butterfly or its habitat. collectors; and (a) The present or threatened (10) Threats to the Mt. Charleston • Purposeful or inadvertent activities destruction, modification, or blue butterfly from collection of or have already damaged some habitat. curtailment of its habitat or range; commercial trade involving the lupine Many locations are difficult for law (b) Overutilization for commercial, blue butterfly (Plebejus lupini texanus), enforcement personnel to regularly recreational, scientific, or educational Reakirt’s blue butterfly (Echinargus access and patrol. purposes; isola), Spring Mountains icarioides blue We will seek peer review. We are (c) Disease or predation; butterfly (Plebejus icarioides seeking comments from knowledgeable (d) The inadequacy of existing austinorum), and the two Spring individuals with scientific expertise to regulatory mechanisms; or Mountains dark blue butterflies review our analysis of the best available (e) Other natural or manmade factors (Euphilotes ancilla cryptica and E. a. science and application of that science affecting its continued existence. purpura), due to the Mt. Charleston and to provide any additional scientific (3)
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