Tuesday, April 14, 2009 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Peninsular Bighorn Sheep and Determination of a Distinct Population Segment of Desert Bighorn Sheep (Ovis canadensis nelsoni); Final Rule VerDate Nov<24>2008 16:48 Apr 13, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14APR2.SGM 14APR2 17288 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR designation of critical habitat for Service concluded in the morphology Peninsular bighorn sheep in this final and taxonomy section of the Recovery Fish and Wildlife Service rule. For more information on the Plan (USFWS 2000, p. 3) that the taxonomy, biology, and ecology of currently recognized subspecies for 50 CFR Part 17 Peninsular bighorn sheep, refer to the desert bighorn sheep, Ovis canadensis FWS–R8–ES–2007–0005; 92210–1117– final listing rule published in the nelsoni, includes the Peninsular bighorn 0000–B4 Federal Register on March 18, 1998 (63 sheep. This taxonomic placement was FR 13134), the original final critical recognized in the final critical habitat RIN 1018–AV09 habitat rule published in the Federal designation for the Peninsular bighorn Register on February 1, 2001 (66 FR sheep published in 2001 (USFWS 2001, Endangered and Threatened Wildlife 8650), the proposed rule to revise p. 8650). In that rule, we described the and Plants; Designation of Critical critical habitat published in the Federal range of the DPS as coincident with the Habitat for Peninsular Bighorn Sheep Register on October 10, 2007 (72 FR U.S. portion of the formerly recognized and Determination of a Distinct 57740), and the August 26, 2008 (73 FR Ovis canadensis cremnobates. The Population Segment of Desert Bighorn 50498), notice of availability of the draft current known range for the Peninsular Sheep (Ovis canadensis nelsoni) economic analysis (DEA) that bighorn sheep remains the same, as does AGENCY: Fish and Wildlife Service, announced revisions to the proposed its status as a DPS of the desert bighorn Interior. critical habitat designation. sheep (Ovis canadensis nelsoni). ACTION: Final rule. The listed entity treated in this rule is Regardless of its systematic affiliation, a DPS of desert bighorn sheep (Ovis the Peninsular bighorn sheep continues SUMMARY: We, the U.S. Fish and canadensis nelsoni). We will refer to to meet the criteria for consideration as Wildlife Service (Service), designate this entity as Peninsular bighorn sheep, a DPS. Within this document, we refer revised critical habitat for the or as a DPS (not species or subspecies). to the listed entity as a distinct Peninsular bighorn sheep, a distinct As stated in the October 10, 2007, population segment (DPS) of desert population segment (DPS) of desert proposed critical habitat rule, we are bighorn sheep (Ovis canadensis bighorn sheep (Ovis canadensis nelsoni) formally recognizing the listed entity as nelsoni), not as a subspecies as we did occupying the Peninsular Ranges of Peninsular bighorn sheep, a DPS of the within the discussion portion of the Southern California, under the desert bighorn sheep (Ovis canadensis October 10, 2007, proposed critical Endangered Species Act of 1973, as nelsoni). This is the currently accepted habitat rule. We will continue to use the amended (Act). In total, approximately taxonomic placement of these animals. common name Peninsular bighorn 376,938 acres (ac) (152,542 hectares We submitted this as a change for sheep when referring to this DPS. No (ha)) fall within the boundaries of the inclusion in the Code of Federal discussions or references to the critical habitat designation. This revised Regulations (CFR). The taxonomic Peninsular bighorn sheep DPS are designation of critical habitat for revision does not affect discreteness and intended to apply to any other portions Peninsular bighorn sheep reduces the significance of Peninsular bighorn sheep of the range (e.g., San Bernardino 2001 designation by approximately as a DPS. In the 1998 final listing rule, Mountains, Joshua Tree National Park, 467,959 ac (189,377 ha). The revised Peninsular bighorn sheep were listed as the desert mountains of southwestern critical habitat is located in Riverside, a DPS of the species Ovis canadensis. At Nevada and northwestern Arizona) of San Diego, and Imperial Counties, the time of listing at least six subspecies the desert bighorn sheep (Ovis California. of bighorn sheep (Ovis canadensis) were canadensis nelsoni). For a detailed named, including Ovis canadensis discussion of the DPS analysis for DATES: This rule becomes effective on cremnobates, which is a name that Peninsular bighorn sheep, see the May 14, 2009. previously had been applied to the Distinct Vertebrate Population Segment ADDRESSES: The final rule, final Peninsular bighorn sheep. However, section of the 1998 final listing rule economic analysis, and map of critical because of ongoing questions regarding (March 18, 1998, 63 FR 13134). habitat will be available on the Internet the distinctiveness of the subspecific Therefore, we are changing the listed at http://www.regulations.gov. taxa at that time, the Peninsular Ranges entity from a DPS of the species Ovis Supporting documentation we used in population was considered a distinct canadensis, to a DPS of the subspecies preparing this final rule will be population segment (DPS) of the species Ovis canadensis nelsoni. This final rule available for public inspection, by O. canadensis rather than as a includes a change to the List of appointment, during normal business subspecies or a DPS of a particular Endangered and Threatened Wildlife at hours, at the U.S. Fish and Wildlife subspecies. 50 CFR 17.11(h) to reflect this change. Service, Carlsbad Fish and Wildlife Relevant information regarding the Office, 6010 Hidden Valley Road, Suite systematic relationships of the DPS Description, Life History, #101, Carlsbad, CA 92011; telephone infraspecific (below species rank) taxa Distribution, Ecology, and Habitat 760–431–9440; facsimile 760–431–5901. of bighorn sheep at or near the time of No new substantial information FOR FURTHER INFORMATION CONTACT: Jim listing was based on morphometric pertaining to the DPS description, life Bartel, Field Supervisor, U.S. Fish and (variation in size and shape) history, ecology, or habitat of Peninsular Wildlife Service, Carlsbad Fish and assessments, as well as molecular bighorn sheep was received following Wildlife Office (see ADDRESSES section). analyses, such as mitochondrial DNA the 2007 proposed rule to revise critical If you use a telecommunications device (mtDNA) assessments (Wehausen and habitat for this DPS. Therefore, please for the deaf (TDD), call the Federal Ramey 1993; Ramey 1993; Ramey 1995; refer to the final listing rule published Information Relay Service (FIRS) at Boyce et al. 1999) and microsatellite in the Federal Register on March 18, 800–877–8339. and histocompatibility complex loci 1998 (63 FR 13134), and the proposed SUPPLEMENTARY INFORMATION: analysis (Boyce et al. 1997; Gutierrez- rule to revise critical habitat published Espeleta et al. 1998). While the in the Federal Register on October 10, Background discriminatory value of these various 2007 (72 FR 57740), for a discussion of It is our intent to discuss only those approaches was not addressed in the the DPS’s description, life history, topics directly relevant to the recovery plan (USFWS 2000), the ecology, and habitat. VerDate Nov<24>2008 16:48 Apr 13, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14APR2.SGM 14APR2 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17289 DPS Distribution changes to the proposed rule. We conservation biology principles. We During the first public comment accepted public comments during the received responses from all five of the period for the proposed rule, we second open comment period for 60 peer reviewers. We reviewed all comments received received new information regarding days, ending October 27, 2008. For more from the peer reviewers and the public occurrence data that had been collected information on previous Federal actions for substantive issues and new within the past year. The areas in which concerning Peninsular bighorn sheep, information regarding critical habitat for new sheep occurrence data was received refer to the final listing rule published Peninsular bighorn sheep. These include the South Santa Rosa in the Federal Register on March 18, comments are addressed below and Mountains along Grave Wash and the 1998 (63 FR 13134), the final critical incorporated into the final rule as Jacumba Mountains near Interstate 8. habitat designation published in the Federal Register on February 1, 2001 appropriate. The occurrence data received falls (66 FR 8650), and the proposed rule to within the boundary of the 2001 critical Peer Reviewer Comments revise critical habitat published in the habitat designation and the 2000 Federal Register on October 10, 2007 Comment 1: Several peer reviewers Recovery Plan area; therefore, we do not (72 FR 57740). stated the proposed critical habitat is believe this new information markedly flawed because it does not provide for affects the known distribution of Summary of Comments and connectivity. One peer reviewer stated Peninsular bighorn sheep. However, we Recommendations further that the proposal fragments the considered this new occurrence data We