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12-Month Finding on a Petition to List a Distinct Population Segment Of Vol. 76 Thursday, No. 126 June 30, 2011 Part III 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 a Distinct Population Segment of the Fisher in Its United States Northern Rocky Mountain Range as Endangered or Threatened With Critical Habitat; Proposed Rule VerDate Mar<15>2010 16:34 Jun 29, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30JNP2.SGM 30JNP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 38504 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR telecommunications device for the deaf initiated a status review of the species (TDD), call the Federal Information (75 FR 19925). The notice of a 90-day Fish and Wildlife Service Relay Service (FIRS) at (800) 877–8339. finding and commencement of a 12- SUPPLEMENTARY INFORMATION: month status review for the USNRMs 50 CFR Part 17 DPS was published in the annual Background [Docket No. FWS–R6–ES–2010–0017; MO Candidate Notice of Review on 92210–0–0008] Section 4(b)(3)(B) of the Act (16 November 10, 2010 (75 FR 69222). U.S.C. 1531 et seq.) requires that, for Fishers in the USNRMs were Endangered and Threatened Wildlife any petition to revise the Federal Lists previously petitioned for listing with a and Plants; 12-Month Finding on a of Endangered and Threatened Wildlife U.S. Pacific States’ population in 1994 Petition To List a Distinct Population and Plants that contains substantial (see below). Segment of the Fisher in Its United scientific and commercial information U.S. Pacific States States Northern Rocky Mountain that listing may be warranted, we make Range as Endangered or Threatened a finding within 12 months of the date On June 5, 1990, we received a With Critical Habitat of our receipt of the petition. In this petition dated May 29, 1990, from Mr. finding, we will determine that the Eric Beckwitt, Forest Issues Task Force, AGENCY: Fish and Wildlife Service, petitioned action is: (a) Not warranted, Sierra Biodiversity Project, and others Interior. (b) warranted, or (c) warranted, but the requesting that the Pacific fisher (Martes ACTION: Notice of 12-month petition immediate proposal of a regulation pennanti pacifica) be listed as an finding. implementing the petitioned action is endangered species in California, precluded by other pending proposals to Oregon, and Washington under the Act. SUMMARY: We, the U.S. Fish and determine whether species are On January 11, 1991, we published a 90- Wildlife Service (Service), announce a threatened or endangered, and day finding (56 FR 1159) indicating that 12-month finding on a petition to list a expeditious progress is being made to the fisher in the Pacific States is a distinct population segment (DPS) of the add or remove qualified species from distinct population that is fisher (Martes pennanti) in its U.S. the Federal Lists of Endangered and geographically isolated from Northern Rocky Mountain range, Threatened Wildlife and Plants. Section populations in the Rocky Mountains including portions of Montana, Idaho, 4(b)(3)(C) of the Act requires that we and British Columbia and represents a and Wyoming, as endangered or treat a petition for which the requested listable entity under the Act. The finding also indicated that the petition threatened and designate critical habitat action is found to be warranted but had not presented substantial under the Endangered Species Act of precluded as though resubmitted on the information indicating that a listing may 1973, as amended (Act). After review of date of such finding, requiring a be warranted because of a lack of all available scientific and commercial subsequent finding be made within 12 information on fisher habitat needs, information, we find that listing the months. We must publish these 12- population size and trends, and fisher in the U.S. Northern Rocky month findings in the Federal Register. Mountains as threatened or endangered demographic parameters (56 FR 1159). is not warranted at this time. Previous Federal Actions On December 29, 1994, we received a petition dated December 22, 1994, from DATES: The finding announced in this U.S. Northern Rocky Mountains the Biodiversity Legal Foundation document was made on June 30, 2011. On March 6, 2009, we received a requesting that two fisher populations ADDRESSES: This finding is available on petition dated February 24, 2009, from in the western United States, including the Internet at http:// the Defenders of Wildlife, Center for the States of Washington, Oregon, www.regulations.gov at Docket Number Biological Diversity, Friends of the California, Idaho, Montana, and FWS–R6–ES–2010–0017. Supporting Bitterroot, and Friends of the Clearwater Wyoming, be listed as threatened under documentation we used in preparing (petitioners) requesting that the fisher in the Act. Based on our review, we found this finding is available for public the Northern Rocky Mountains of the that the petition did not present inspection, by appointment, during United States (USNRMs) be considered substantial information indicating that normal business hours at the U.S. Fish a DPS and listed as endangered or listing the two western United States and Wildlife Service, Montana Field threatened, and critical habitat be fisher populations as a DPS was Office, 585 Shepard Way, Helena, MT designated under the Act (Defenders of warranted (61 FR 8016, March 1, 1996). 59601; telephone (406) 449–5225. We Wildlife et al. 2009, entire). In an April The best available scientific evidence at ask the public to submit any new 9, 2009, letter to the petitioners, we that time indicated that the range of the information that becomes available responded that we had reviewed the fisher was contiguous across Canada concerning the status of, or threats to, information presented in the petition with some areas having abundant the fisher, in addition to new and determined that issuing an populations, and through southward information, materials, comments, or emergency regulation temporarily peninsular extensions, was contiguous questions concerning this finding, to the listing the species under section 4(b)(7) with the U.S. Rocky Mountain and above address. No information will be of the Act was not warranted (Guertin Pacific populations (61 FR 8016). No accepted by facsimile. The petition 2009, entire). We informed the evidence was presented in the petition finding, related Federal Register petitioners that due to staffing and to support physical, physiological, notices, and other pertinent funding constraints in Fiscal Year 2009, ecological, or behavioral separations (61 information, may be obtained online at we would not be able to further address FR 8016). http://www.fws.gov/mountain-prairie/ the petition at that time, but would On December 5, 2000, we received a species/mammals/fisher/. complete the action when resources petition dated November 28, 2000, from FOR FURTHER INFORMATION CONTACT: allowed. We published a 90-day finding 12 organizations, with the lead Mark Wilson, Field Supervisor, on April 16, 2010, stating that the organizations identified as the Center Montana Ecological Services Field petition presented substantial for Biological Diversity and the Sierra Office (see ADDRESSES); or by telephone information that listing a DPS of fisher Nevada Forest Protection Campaign, at (406) 449–5225. If you use a in the USNRMs may be warranted, and requesting that the West Coast DPS of VerDate Mar<15>2010 16:34 Jun 29, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\30JNP2.SGM 30JNP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Proposed Rules 38505 the fisher, including portions of inches (in.)), and females range from 75 States. A subsequent analysis California, Oregon, and Washington, be to 95 cm (29 to 37 in.) in length. At 3.5 questioned whether there is a sufficient listed as endangered and critical habitat to 5.5 kilograms (kg) (7.7 to 12.1 pounds basis to support recognition of different be designated under the Act. A court (lbs)), male fishers weigh about twice as subspecies based on numerous factors, order was issued on April 4, 2003, by much as females (2.0 to 2.5 kg (4.4 to 5.5 including the small number of samples the U.S. District Court, Northern District lbs)) (Powell et al. 2003, p. 638). Heavier available for examination (Hagmeier of California, that required the Service males have been reported across the 1959, p. 193). Regional variation in to submit for publication in the Federal range, including individuals within the characteristics used by Goldman to Register a 90-day finding on the 2000 USNRMs (Sauder 2010 unpublished discriminate subspecies appears to be petition (Center for Biological Diversity, data; Schwartz 2010 unpublished data); clinal (varying along a geographic et al. v. Norton et al., No. C 01—2950 an exceptional specimen from Maine gradient), and the use of clinal SC). On July 10, 2003, we published a weighed 9 kg (20.1 lbs) (Blanchard 1964, variations is ‘‘exceedingly difficult to 90-day petition finding that the petition pp. 487–488). Fishers may show categorize subspecies’’ (Hagmeier 1959, provided substantial information that variation in typical body weight pp. 192–193). Although subspecies listing may be warranted and initiated a regionally, corresponding with taxonomy as described by Goldman 12-month status review (68 FR 41169). latitudinal gradients. For example, (1935, p. 177) is often used in literature On April 8, 2004, we published a fishers in the more southern latitudes of to describe or reference fisher warranted 12-month finding for listing the U.S. Pacific States may weigh less populations in different regions of its of the fisher’s West Coast DPS (69 FR than fishers in the eastern United States range, and recent consideration of 18770).
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