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2010 Proposed Rule to Protect Ozark Hellbender

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2010 Proposed Rule to Protect Ozark Hellbender Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 54561 and Budget under 44 U.S.C. chapter 35, habitat. We seek data and comments curtailment of the species’ habitat or et seq. from the public on this proposed listing range; rule and prudency determination. (b) Overutilization for commercial, List of Subjects in 48 CFR Part 53 DATES: We will accept comments recreational, scientific, or educational Government procurement. received on or before November 8, 2010. purposes; Dated: August 27, 2010. We must receive requests for public (c) Disease or predation; Edward Loeb, hearings, in writing, at the address (d) The inadequacy of existing regulatory mechanisms; or Director, Acquisition Policy Division. shown in the FOR FURTHER INFORMATION (e) Other natural or manmade factors Therefore, DoD, GSA, and NASA CONTACT section by October 25, 2010. ADDRESSES: You may submit comments affecting its continued existence and propose amending 48 CFR part 53 as set threats to the species or its habitat. forth below: by one of the following methods: • Federal eRulemaking Portal: http:// (4) Our determination of ‘‘not PART 53—FORMS www.regulations.gov. Follow the prudent’’ for critical habitat. instructions for submitting comments to (5) Whether there is a need for us to 1. The authority citation for 48 CFR Docket No. FWS-R3-ES-2009-0009. consider developing a ‘‘similarity of part 53 continues to read as follows: • U.S. mail or hand-delivery: Public appearance’’ listing for the eastern Authority: 40 U.S.C. 121(c); 10 U.S.C. Comments Processing, Attn: Docket No. hellbender. Section 4(e) of the Act chapter 137; and 42 U.S.C. 2473(c). FWS-R3-ES-2009-0009; Division of (similarity of appearance cases) allows Policy and Directives Management; U.S. the Secretary to treat any species as an § 53.214 [Amended] Fish and Wildlife Service; 4401 N. endangered or threatened species under 2. Amend section 53.214 in paragraph Fairfax Drive, Suite 222; Arlington, VA the Act if he finds that: (A) It (in this (a) by removing ‘‘SF 26 (APR 2008)’’ and 22203. case, the eastern hellbender) closely adding ‘‘SF 26 (Date)’’ in its place. We will not accept e-mail or faxes. We resembles a listed species (in this case, will post all comments on http:// the Ozark hellbender) and enforcement § 53.215–1 [Amended] www.regulations.gov. This generally personnel would have substantial 3. Amend section 53.215–1 in means that we will post any personal difficulty differentiating between the paragraph (a) by removing ‘‘SF 26 (APR information you provide us (see the listed and unlisted species; (B) the effect 2008)’’ and adding ‘‘SF 26 (Date)’’ in its Public Comments section below for of this difficulty is an additional threat place. more information). to the listed species: and (C) such [FR Doc. 2010–22346 Filed 9–7–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: treatment of the unlisted species would BILLING CODE 6820–EP–S Charles Scott, Field Supervisor, at the substantially facilitate enforcement of U.S. Fish and Wildlife Service, the Act for Ozark hellbender. Columbia Missouri Ecological Services You may submit your comments and DEPARTMENT OF THE INTERIOR Field Office, 101 Park De Ville Dr., Suite materials concerning this proposed rule A, Columbia, MO 65203 (telephone 573- by one of the methods listed in the Fish and Wildlife Service 234-2132). If you use a ADDRESSES section. We will not accept telecommunications device for the deaf comments sent by e-mail or fax or to an 50 CFR Part 17 (TDD), please call the Federal address not listed in the ADDRESSES Information Relay Service (FIRS) at 800- section. [Docket No. FWS-R3-ES-2009-0009] 877-8339. We will post your entire comment— [MO 92210-0-0008-B2] SUPPLEMENTARY INFORMATION: including your personal identifying RIN 1018-AV94 information—on http:// Public Comments www.regulations.gov. If you provide Endangered and Threatened Wildlife We intend that any final action personal identifying information in and Plants; Proposed Rule To List the resulting from this proposal will be as addition to the required items specified Ozark Hellbender Salamander as accurate and as effective as possible. in the previous paragraph, such as your Endangered Therefore, we request comments or street address, phone number, or e-mail suggestions from the public, other address, you may request at the top of AGENCY: Fish and Wildlife Service, concerned governmental agencies, the Interior. your document that we withhold this scientific community, industry, or any information from public review. ACTION: Proposed rule. other interested party concerning this However, we cannot guarantee that we proposed rule to list the Ozark SUMMARY: We, the U.S. Fish and will be able to do so. hellbender as endangered. We Comments and materials we receive, Wildlife Service (Service), propose particularly seek comments concerning: endangered status under the as well as supporting documentation we (1) Population survey results for the used in preparing this proposed rule, Endangered Species Act of 1973, as Ozark hellbender, as well as any studies amended (Act), for the Ozark hellbender will be available for public inspection that may show distribution, status, on http://www.regulations.gov, or by (Cryptobranchus alleganiensis bishopi) population size, or population trends, throughout its entire range. The species appointment, during normal business including indications of recruitment. hours at the Columbia Missouri is found in southern Missouri and (2) Pertinent aspects of life history, Ecological Services Field Office (see FOR northern Arkansas. If we finalize this ecology, and habitat use of the Ozark FURTHER INFORMATION CONTACT section). proposed rule, it would extend the Act’s hellbender. protection to the Ozark hellbender. (3) Current and foreseeable threats Background However, we find that designation of faced by the Ozark hellbender in Species Description critical habitat is not prudent for the relation to the five factors (as defined in Ozark hellbender at this time, because section 4(a)(1) of the Act (16 U.S.C. 1531 The Ozark hellbender is a large, the increased threat to the species from et seq.)): strictly aquatic salamander endemic to illegal collection and trade outweighs (a) The present or threatened streams of the Ozark plateau in southern the benefits of designating critical destruction, modification, or Missouri and northern Arkansas. Its VerDate Mar<15>2010 16:36 Sep 07, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.SGM 08SEP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 54562 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules dorso-ventrally flattened body form does not affect its qualification for at 5 °C (41 °F) acclimation, 32.9 °C (91.2 enables movements in the fast-flowing listing under the Act (16 U.S.C. 1531 et °F) at 15 °C (59 °F), and 36.5 °C (97.7 streams it inhabits (Nickerson and Mays seq.). Careful review of the Ozark °F) at 25 °C (77° F). 1973a, p. 1). Ozark hellbenders have a hellbender’s taxonomic information Typically, Ozark hellbender large, keeled tail and tiny eyes. An adult confirms it is a valid subspecies. populations are dominated by older, may attain a total length of 11.4 to 22.4 large adults (Nickerson and Mays 1973a, Habitat and Life History inches (in) (29 to 57 centimeters (cm)) p. 1; Peterson et al. 1983, pp. 227-231; (Dundee and Dundee 1965, pp. 369-370; Eastern and Ozark hellbenders are LaClaire 1993, p. 2). Hellbenders are Johnson 2000, p. 41). Numerous fleshy similar in habitat selection, movement, long-lived, capable of living 25 to 30 folds along the sides of the body provide and reproductive biology (Nickerson years in the wild (Peterson et al. 1983, surface area for respiration (Nickerson and Mays 1973a, pp. 44-55). Published p. 228). Hellbenders may live up to 29 and Mays 1973a, pp. 26-28) and obscure works on the eastern hellbender provide years in captivity (Nigrelli 1954, p. 297). their poorly developed costal grooves insights into Ozark hellbender ecology. Individuals mature sexually at 5 to 8 (grooves in the inner border of the ribs; Adult Ozark hellbenders are frequently years of age (Bishop 1941, pp. 49-50; Dundee 1971, p. 101.1). Ozark found beneath large rocks in moderate Dundee and Dundee 1965, p. 370), and hellbenders are distinguishable from to deep (less than 3 feet (ft) to 9.8 ft (less males normally mature at a smaller size eastern hellbenders (Cryptobranchus than 1 meter (m) to 3 m)), rocky, fast- and younger age than females. Female alleganiensis alleganiensis) by their flowing streams in the Ozark plateau hellbenders are reported to be sexually smaller body size, dorsal blotches, (Johnson 2000, p. 42; Fobes and mature at a total length of 14.6 to 15.4 increased skin mottling, heavily Wilkinson 1995, pp. 5-7). In spring-fed in (37 to 39 cm), or approximately 6 to pigmented lower lip, smooth surfaced streams, Ozark hellbenders will often 8 years (Nickerson and Mayes 1973a, p. lateral line system, and reduced concentrate downstream of the spring, 54; Peterson et al. 1983, p. 229; Taber spiracular openings (openings where where there is little water temperature et al. 1975, p. 638). Male hellbenders water is expelled out of the body) change throughout the year (Dundee have been reported to reach sexual (Grobman 1943, p. 6; Dundee 1971, p. and Dundee 1965, p. 370). Adults are maturity at a total length of 11.8 in (30 101.3; Peterson et al. 1983, pp. 227-231; nocturnal, remaining beneath cover cm), or approximately 5 years (Taber et LaClaire 1993, pp. 1-2). Despite these during the day and emerging to forage al.
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