12-Month Finding on a Petition to List Sierra Nevada Red Fox As an Endangered Or Threatened Species; Proposed Rule
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Vol. 80 Thursday, No. 195 October 8, 2015 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 Sierra Nevada Red Fox as an Endangered or Threatened Species; Proposed Rule VerDate Sep<11>2014 17:19 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08OCP3.SGM 08OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 60990 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules DEPARTMENT OF THE INTERIOR normal business hours at the U.S. Fish any petition to revise the Federal Lists and Wildlife Service, Sacramento Fish of Endangered and Threatened Wildlife Fish and Wildlife Service and Wildlife Office, 2800 Cottage Way, and Plants that contains substantial Room W–2605, Sacramento, CA 95825. scientific or commercial information 50 CFR Part 17 Please submit any new information, suggesting that listing a species may be [Docket No. FWS–R8–ES–2011–0103; materials, comments, or questions warranted, we make a finding within 12 4500030113] concerning this finding to the above months of the date of receipt of the street address. petition. In this finding, we will Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: determine that the petitioned action is: and Plants; 12-Month Finding on a Jennifer Norris, Field Supervisor, U.S. (1) Not warranted, (2) warranted, or (3) Petition To List Sierra Nevada Red Fox Fish and Wildlife Service, Sacramento warranted, but the immediate proposal as an Endangered or Threatened Fish and Wildlife Office (see of a regulation implementing the Species ADDRESSES); by telephone at 916–414– petitioned action is precluded by other pending proposals to determine whether AGENCY: 6600; or by facsimile at 916–414–6712. Fish and Wildlife Service, species are endangered or threatened, Interior. If you use a telecommunications device for the deaf (TDD), please call the and expeditious progress is being made ACTION: Notice of 12-month petition to add or remove qualified species from finding. Federal Information Relay Service (FIRS) at 800–877–8339. the Federal Lists of Endangered and SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: Threatened Wildlife and Plants Wildlife Service (Service), announce a (‘‘warranted but precluded’’). Section 12-month finding on a petition to list Acronyms and Abbreviations Used in 4(b)(3)(C) of the Act requires that we Sierra Nevada red fox (Vulpes vulpes This Document treat a petition for which the requested necator) as an endangered or threatened We use many acronyms and action is found to be warranted but species under the Endangered Species abbreviations throughout this 12-month precluded as though resubmitted on the Act of 1973, as amended (Act). After finding. To assist the reader, we provide date of such finding, that is, requiring a review of the best available scientific a list of these here for easy reference: subsequent finding to be made within and commercial information, we find 12 months. We must publish these 12- Act = Endangered Species Act of 1973, as month findings in the Federal Register. that listing the entire Sierra Nevada red amended (16 U.S.C. 1531 et seq.) fox subspecies is not warranted. We BWRA = Bridgeport Winter Recreation Area Previous Federal Actions were also petitioned to evaluate two CBD = Center for Biological Diversity On April 27, 2011, we received a populations within the subspecies’ CDFG = California Department of Fish and petition dated April 27, 2011, from the range as potential distinct population Game (see below) Center for Biological Diversity, segments (DPSs). We find that both the CDFW = California Department of Fish and Wildlife (formerly CDFG) requesting that Sierra Nevada red fox be Southern Cascades and Sierra Nevada CESA = California Endangered Species Act listed as endangered or threatened, and population segments of the Sierra CFR = Code of Federal Regulations that critical habitat be designated under Nevada red fox meet the Service’s DPS dbh = diameter at breast height the Act. The petition also requested that policy criteria, and therefore are valid DNA = deoxyribonucleic acid we evaluate two populations within the DPSs. After review of the best available DPS = distinct population segment subspecies’ range as potential distinct scientific and commercial information EFF = elokomin fluke fever population segments (DPSs) under the for these two DPSs, we find that listing Forest Service = U.S. Forest Service Service’s DPS Policy: One in the the Southern Cascades DPS is not FR = Federal Register INRMP = integrated natural resources Southern Cascades (south of the warranted at this time, and listing the management plan Columbia River) and the other in the Sierra Nevada DPS is warranted. IPCC = Intergovernmental Panel on Climate Sierra Nevada Mountains. The petition Currently, however, listing the Sierra Change clearly identified itself as such and Nevada DPS is precluded by higher ISAB = Independent Scientific Advisory included the requisite identification priority actions to amend the Lists of Board LRMP = land and resource management plan information for the petitioner, as Endangered and Threatened Wildlife required by title 50 of the Code of and Plants. Upon publication of this 12- MWTC = Marine Warfare Training Center mtDNA = mitochondrial deoxyribonucleic Federal Regulations (CFR) at section month finding, we will add the Sierra acid 424.14(a). In a May 24, 2011, letter to Nevada DPS of the Sierra Nevada red NFMA = National Forest Management Act the petitioner, we responded that we fox to our candidate species list. We (16 U.S.C. 1600 et seq.) reviewed the information presented in will develop a proposed rule to list the NMFS = National Marine Fisheries Service the petition and determined that issuing Sierra Nevada DPS as our priorities NPS = National Park Service NWFP = Northwest Forest Plan an emergency regulation temporarily allow. We will make a determination on listing the species under section 4(b)(7) critical habitat during development of ODFW = Oregon Department of Fish and Wildlife of the Act was not warranted. We also the proposed listing rule. In the interim OHV = off-highway vehicle stated that we were required to period, we will address the status of the OPLMA = Omnibus Public Land complete a significant number of listing candidate DPS through our annual Management Act (Pub. L. 111–11) and critical habitat actions in Fiscal candidate notice of review (CNOR). Service = U.S. Fish and Wildlife Service Year 2011 pursuant to court orders, DATES: The finding announced in this SPD = salmon poisoning disease judicially approved settlement document was made on October 8, 2015. SNFPA = Sierra Nevada Forest Plan agreements, and other statutory Amendment ADDRESSES: This finding is available on SPR = significant portion of [a species’] range deadlines, but that we had secured the Internet at http:// USDA = U.S. Department of Agriculture funding for Fiscal Year 2011 to allow www.regulations.gov at Docket Number USDI = U.S. Department of the Interior publication of a finding in the Federal FWS–R8–ES–2011–0103. Supporting Register in early Fiscal Year 2012. documentation we used in preparing Background On January 3, 2012, we published in this finding is available for public Section 4(b)(3)(B) of the Act (16 the Federal Register a 90-day finding inspection, by appointment, during U.S.C. 1531 et seq.) requires that, for (77 FR 45) that the petition presented VerDate Sep<11>2014 17:19 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08OCP3.SGM 08OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules 60991 substantial information indicating that 1981, p. 938; Larivie´re and characterized by specialized adaptations listing may be warranted and that Pashitschniak-Arts 1996, pp. 1–2; Aubry to cold areas (Sacks et al. 2010a, p. initiated a status review. This notice 1997, p. 55; Sacks et al. 2010a, pp. 1523, 1524). Such adaptations include a constitutes the 12-month finding on the 1535; ITIS 2014, p. 1). The Sierra particularly thick and deep winter coat April 27, 2011, petition to list the Sierra Nevada red fox can be distinguished (Grinnell et al. 1937, p. 377) and small Nevada red fox as an endangered or from lowland-dwelling red fox toe pads (4 millimeters (mm) (0.2 inches threatened species. subspecies based on its smaller size and (in)) across or less) that are completely This finding is based upon the use of high-elevation, snow-covered covered in winter by dense fur to Species Report titled ‘‘Species Report, habitat (Roest 1977, p. 13; Perrine et al. facilitate movement over snow (Grinnell Sierra Nevada Red Fox (Vulpes vulpes 2010, p. 5). The Sierra Nevada red fox et al. 1937, pp. 378, 393; Sacks 2014a, necator)’’ (Service 2015) (Species was first described by Merriam (1900, p. 30). The Sierra Nevada red fox and Report), a scientific analysis of available pp. 662, 664) as the species Vulpes other montane subspecies also tend to information prepared by a team of necator, but was redesignated as a be smaller than other red foxes (Perrine Service biologists from the Service’s subspecies of North American red fox et al. 2010, p. 5), which may facilitate Sacramento Fish and Wildlife Office, (Vulpes fulva necator) in 1936 (Bailey movement over snow by lowering Yreka Fish and Wildlife Office, Klamath 1936, pp. 272, 317), and then as a weight supported per square centimeter Falls Fish and Wildlife Office, Roseburg subspecies of a single red fox species of footpad (Quinn and Sacks 2014, p. Fish and Wildlife Office, Pacific stretching across Europe, Asia, and 17). Southwest Regional Office, Pacific North America (Vulpes vulpes necator) Sierra Nevada red fox use multiple Regional Office, and National in 1957 (Churcher 1957, p.