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Department of the Interior Fish and Wildlife Service Tuesday, December 14, 2010 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Sonoran Population of the Desert Tortoise as Endangered or Threatened; Proposed Rule VerDate Mar<15>2010 19:59 Dec 13, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14DEP3.SGM 14DEP3 emcdonald on DSK2BSOYB1PROD with PROPOSALS3 78094 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR Arizona Ecological Services Office (see Watersheds Project, dated November 26, ADDRESSES); by telephone at (602) 242– 2008. In that letter we also stated that Fish and Wildlife Service 0210; or by facsimile at (602) 242–2513. we had reviewed the information If you use a telecommunications device presented in the petition and 50 CFR Part 17 for the deaf (TDD), please call the determined that issuing an emergency [Docket No. FWS–R2–ES–2009–0032; MO Federal Information Relay Service regulation temporarily listing the 92210–0–008] (FIRS) at 800–877–8339. species as per section 4(b)(7) of the Act SUPPLEMENTARY INFORMATION: was not warranted. We also stated that Endangered and Threatened Wildlife we intended to make our finding on Background and Plants; 12-Month Finding on a whether the petition presented Petition To List the Sonoran Section 4(b)(3)(B) of the Endangered substantial information that the Population of the Desert Tortoise as Species Act of 1973, as amended (Act) requested action may be warranted, to Endangered or Threatened (16 U.S.C. 1531 et seq.), requires that, the maximum extent practicable within for any petition to revise the Federal 90 days of receipt of the petition, AGENCY: Fish and Wildlife Service, Lists of Endangered and Threatened according to the provisions of section Interior. Wildlife and Plants that contains 4(b)(3) of the Act. ACTION: Notice of 12-month petition substantial scientific or commercial On August 28, 2009, we made our 90- finding. information that listing the species may day finding that the petition presented be warranted, we make a finding within substantial scientific information SUMMARY: We, the U.S. Fish and 12 months of the date of receipt of the indicating that listing the Sonoran Wildlife Service, announce a 12-month petition. In this finding, we determine population of the desert tortoise finding on a petition to list the Sonoran that the petitioned action is: (a) Not (Gopherus agassizii) may be warranted. population of the desert tortoise warranted, (b) warranted, or (c) The finding and notice of our initiation (Gopherus agassizii) as endangered or warranted, but the immediate proposal of a status review was published in the threatened and to designate critical of a regulation implementing the Federal Register on August 28, 2009 (74 habitat under the Endangered Species petitioned action is precluded by other FR 44335). Act of 1973, as amended (Act). After pending proposals to determine whether On April 10, 2010, a stipulated review of all available scientific and species are threatened or endangered, settlement agreement (WildEarth commercial information, we find that and expeditious progress is being made Guardians and Western Watersheds listing the Sonoran population of the to add or remove qualified species from Project v. Salazar, 10–cv–86–ACT–RHS desert tortoise is warranted. Currently, the Federal Lists of Endangered and (D. NM)) was filed. In this agreement, however, listing the Sonoran population Threatened Wildlife and Plants. Section we agreed to submit a 12-month finding of the desert tortoise is precluded by 4(b)(3)(C) of the Act requires that we to the Federal Register on or before higher priority actions to amend the treat a petition for which the requested December 5, 2010. The stipulated Lists of Endangered and Threatened action is found to be warranted but settlement agreement was signed and Wildlife and Plants. Upon publication precluded as though resubmitted on the adopted by the District Court of New of this 12-month petition finding, we date of such finding, that is, requiring a Mexico on April 15, 2010. will add the Sonoran population of the subsequent finding to be made within This notice constitutes our 12-month desert tortoise to our candidate species 12 months. We must publish these 12- finding for the petition to list the list. We will develop a proposed rule to month findings in the Federal Register. Sonoran population of the desert list the Sonoran population of the desert tortoise as threatened or endangered. tortoise as our priorities allow. We will Previous Federal Actions Other Federal Actions make any determination on critical On October 15, 2008, we received a habitat during development of the petition dated October 9, 2008, from Throughout this finding, we use proposed listing rule. In any interim WildEarth Guardians and Western ‘‘Mojave’’ to describe desert tortoise period we will address the status of the Watersheds Project (petitioners) populations north and west of the candidate taxon through our annual requesting that the Sonoran population Colorado River, as well as any reference Candidate Notice of Review (CNOR). of the desert tortoise be listed under the to the biotic community known as the ‘‘ ’’ ‘‘ DATES: The finding announced in this Act as a distinct population segment Mojave Desert or Mojave document was made on December 14, (DPS), as threatened or endangered desertscrub.’’ These uses are consistent 2010. rangewide (in the United States and with the previous and current spelling Mexico), and critical habitat be of the common name in Federal actions ADDRESSES: This finding is available on designated. The petition contained that have addressed this population. We the Internet at http:// detailed information on the natural use ‘‘Mohave’’ in the geographic context www.regulations.gov at Docket Number history, biology, current status, and to remain consistent with its reference FWS–R2–ES–2009–0032. Supporting distribution of the Sonoran population by the U.S. Board of Geographic Names documentation we used in preparing of the desert tortoise. It also contained (e.g., Mohave County). In addition, this finding is available for public information on what the petitioners while the Sonoran population of the inspection, by appointment, during reported as potential threats to the desert tortoise is not currently formally normal business hours at the U.S. Fish Sonoran population of the desert recognized as a unique taxonomic and Wildlife Service, Arizona Ecological tortoise, such as livestock grazing, entity, for ease of reference, we refer to Services Office, 2321 West Royal Palm urbanization and development, mining, the Sonoran population of the desert Road, Suite 103, Phoenix, Arizona international border patrol activities, tortoise as the ‘‘Sonoran desert tortoise’’ 85021. Please submit any new illegal collection, inadequacy of existing in this finding. information, materials, comments, or regulations, altered fire regimes, off- On December 30, 1982, we published questions concerning this finding to the highway vehicle use, drought, and a notice of review which determined the above address. climate change. We acknowledged the desert tortoise throughout its range in FOR FURTHER INFORMATION CONTACT: receipt of the petition in a letter to the the United States and Mexico to be a Steven L. Spangle, Field Supervisor WildEarth Guardians and Western Category 2 Candidate species (47 FR VerDate Mar<15>2010 19:59 Dec 13, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14DEP3.SGM 14DEP3 emcdonald on DSK2BSOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules 78095 58454); this was reaffirmed on Pending Petitions and Description of centimeters (cm)), with a relatively high September 18, 1985 (50 FR 37958). Progress of Listing Actions’’ (53 FR domed shell (AGFD 2001, p. 1; Brennan Category-2 status was granted to species 52746, December 29, 1988); ‘‘Emergency and Holycross 2006, p. 54). The record for which information in our possession Determination of Endangered Status for length for a Sonoran desert tortoise is indicated that a proposed listing as the Mojave Population of the Desert 19.4 in (49 cm) total carapace length threatened or endangered was possibly Tortoise’’ (54 FR 32326, August 4, 1989); (Jackson and Wilkinson-Trotter 1980, p. appropriate, but for which sufficient ‘‘Desert Tortoise’’ (54 FR 42270, October 430). The carapace is usually brownish data were not available to make a 13, 1989); ‘‘Determination of Threatened with a definite pattern and prominent determination of listing status under the Status for the Mojave Population of the growth lines (AGFD 2001, p. 1). The Act. Desert Tortoise’’ (55 FR 12178, April 2, plastron (bottom shell) is yellowish and On April 2, 1990, we issued a final 1990); ‘‘Finding on a Petition to List the is not hinged (AGFD 2001, p. 1; Brennan rule designating the Mojave population Sonoran Desert Tortoise as Threatened and Holycross 2006, p. 54). The hind of the desert tortoise (occurring north or Endangered’’ (56 FR 29453, June 27, limbs are very stocky and elephantine; and west of the Colorado River) as a 1991); ‘‘Proposed Determination of forelimbs are flattened for digging and threatened species under the Act (55 FR Critical Habitat for the Mojave covered with large conical scales (AGFD 12178; see final rule for a summary of Population of the Desert Tortoise’’ (58 2001, p. 1; Brennan and Holycross 2006, previous actions regarding the Mojave FR 45748, August 30, 1993); p. 54). Male Sonoran desert tortoises are population of the desert tortoise). ‘‘Determination of Critical Habitat for differentiated from females by having Currently, the Mojave population of the the Mojave Population of the Desert elongated gular (throat) shields, chin desert tortoise is recognized as a distinct Tortoise’’ (59 FR 5820, February 8, glands visible on each side of the lower population segment under the Act.
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