42654 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

We have endeavored to make our DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: listing actions as efficient and timely as Steve Spangle, Field Supervisor, U.S. possible, given the requirements of the Fish and Wildlife Service Fish and Wildlife Service, Arizona relevant law and regulations, and Ecological Services Field Office, 2321 constraints relating to workload and 50 CFR Part 17 W. Royal Palm Road, Suite 103, personnel. We are continually [Docket No. FWS–R2–ES–2011–0044; MO Phoenix, AZ 85021; telephone (602) considering ways to streamline 92210–0–0008–B2] 242–0210; facsimile (602) 242–2513. If processes or achieve economies of scale, you use a telecommunications device such as by batching related actions Endangered and Threatened Wildlife for the deaf (TDD), please call the together. Given our limited budget for and Plants; Petition To List Grand Federal Information Relay Service implementing section 4 of the Act, these Canyon Cave (FIRS) at (800) 877–8339. actions described above collectively AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: constitute expeditious progress. Interior. Pinus albicaulis will be added to the Background ACTION: list of candidate species upon Notice of 12-month petition finding. Section 4(b)(3)(B) of the Endangered publication of this 12-month finding. Species Act of 1973, as amended (Act) We will continue to evaluate this SUMMARY: We, the U.S. Fish and (16 U.S.C. 1531 et seq.), requires that, species as new information becomes Wildlife Service (Service), announce a for any petition containing substantial available. Continuing review will 12-month finding on a petition to list scientific or commercial information determine if a change in status is the Grand Canyon cave pseudoscorpion indicating that listing the species may warranted, including the need to make (Archeolarca cavicola) as threatened or be warranted, we make a finding within prompt use of emergency listing endangered with critical habitat under 12 months of the date of receipt of the procedures. the Endangered Species Act of 1973, as petition. In this finding we determine We intend that any proposed listing amended (Act). After review of the best that the petitioned action is: (a) Not determination for Pinus albicaulis will scientific and commercial information warranted, (b) warranted, or (c) be as accurate as possible. Therefore, we available, we find that listing the Grand warranted, but immediate proposal of a will continue to accept additional Canyon cave pseudoscorpion is not regulation implementing the petitioned information and comments from all warranted at this time. However, we ask action is precluded by other pending concerned governmental agencies, the the public to submit to us any new proposals to determine whether species scientific community, industry, or any information that becomes available are threatened or endangered, and other interested party concerning this concerning the threats to the Grand expeditious progress is being made to finding. Canyon cave pseudoscorpion or its add or remove qualified species from References Cited habitat at any time. the Lists of Endangered and Threatened DATES: The finding announced in this Wildlife and Plants. Section 4(b)(3)(C) of A complete list of references cited is document was made on July 19, 2011. the Act requires that we treat a petition available on the Internet at http:// ADDRESSES: This finding is available on for which the requested action is found www.regulations.gov and upon request the Internet at http://www.regulations. to be warranted but precluded as though from the Wyoming Ecological Services gov at Docket Number FWS–R2–ES– resubmitted on the date of such finding, Field Office (see ADDRESSES section). 2011–0044. Supporting documentation that is, requiring a subsequent finding to Author(s) we used in preparing this finding is be made within 12 months. We must The primary authors of this notice are available for public inspection, by publish these 12-month findings in the the staff members of the Wyoming appointment, during normal business Federal Register. hours by contacting the U.S. Fish and Ecological Services Field Office. Previous Federal Actions Wildlife Service, Arizona Ecological Authority Services Field Office, 2321 W. Royal The Grand Canyon cave The authority for this section is Palm Road, Suite 103, Phoenix, AZ pseudoscorpion was formerly a section 4 of the Endangered Species Act 85021; telephone (602) 242–0210; candidate 2 species, a taxon for which of 1973, as amended (16 U.S.C. 1531 et facsimile (602) 242–2513. If you use a information in our possession indicated seq.). telecommunications device for the deaf that proposing to list was possibly (TDD), please call the Federal appropriate, but for which persuasive Dated: July 1, 2011. Information Relay Service (FIRS) at data on biological vulnerability and Daniel M. Ashe, (800) 877–8339. Please submit any new threats were not available to support a Director, Fish and Wildlife Service. information, comments, or questions proposed listing rule (54 FR 554; [FR Doc. 2011–17943 Filed 7–18–11; 8:45 am] concerning this finding to the above January 6, 1989). The designation of BILLING CODE 4310–55–P address. candidate 2 species was discontinued in

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1996; therefore, the species has no unpublished report (1978, p. 40) stated Tuning Fork Cave, and Cave of the candidate status. that the specimen was an undescribed Domes. All caves except Land’s End On June 25, 2007, we received a troglophile. A troglophile is a species Cave and Scorpion Cave were visited formal petition dated June 18, 2007, that can spend its entire life within twice. On each visit, Welbourn (1978, p. from Forest Guardians (now WildEarth caves, does not exhibit adaptations for 36) describes examining the walls, Guardians), requesting that we do the living in caves, but can also be found in ceilings, and floors for and following: (1) Consider all full species suitable habitats outside of caves, such invertebrates. He identified 12 in our Southwest Region ranked as G1 as mines or burrows. This is in invertebrates from the 8 caves. The or G1G2 by the organization comparison to troglobites, which are Grand Canyon cave pseudoscorpion was NatureServe for listing, except those species that are found exclusively in found only in the Cave of the Domes that are currently listed, proposed for caves and have developed adaptations (Welbourn 1978, pp. 38–41). listing, or candidates; and (2) list each for cave life, such as heightened sense Wynne et al. (2008a, pp. 235–246) species under the Act as either of hearing, touch, and smell. The Grand summarized all published and endangered or threatened with critical Canyon cave pseudoscorpion was unpublished literature on cave-dwelling habitat. The petitioners presented two recognized within the genus invertebrates within Grand Canyon tables that collectively listed 475 Archeolarca and was given the species National Park, as well as cave trip species for consideration and requested name cavicola in recognition of its reports on file at Grand Canyon National that the Service incorporate all analyses, subterranean habitat where it was Park Museum Collections. The literature references, and documentation provided collected by Welbourn (1981, p. 55). review examined 9 studies conducted by NatureServe in its online database The specimen collected in 1978 is the between 1975 and 2001 representing http://www.natureserve.org/ into the only one known to exist. No other surveys of 15 caves in Grand Canyon petition. The petition clearly identified individuals are known to have been National Park. Wynne et al. (2008a, pp. itself as a petition and included the collected since 1978, although very little 237–238) reported 37 cave-dwelling appropriate identification information, effort has been made to collect this or invertebrates with the Grand Canyon as required in 50 CFR 424.14(a). We other species in the genus (Service 1991, cave pseudoscorpion referenced only in acknowledged the receipt of the petition p. 3). the Cave of the Domes. This species may in a letter to WildEarth Guardians dated are tiny possibly be endemic to Cave of the July 11, 2007. bearing large chelae, or claws, but Domes. In fact, a study of patterns of On December 16, 2009, we made a 90- lacking a telson, or stinger, that true endemism of eastern North American day finding that the petition presented scorpions possess. The specimen of cave fauna reported that within the substantial scientific information Grand Canyon cave pseudoscorpion, Pseudoscorpionida is a high level of indicating that listing 67 of the 475 when compared to other species of single-cave endemism compared to species may be warranted; the Grand pseudoscorpions, such as Archeolarca other cave taxa (Christman et al. 2005, Canyon cave pseudoscorpion welbourni and Archeolarca pp. 1444, 1447). However, cave (incorrectly referenced as the Grand guadalupensis, was considered large biological research in Grand Canyon Canyon cave scorpion) was in that (0.12 inches (in) or 3.03 millimeters National Park is quite limited (Wynne group of 67 species. Based on the (mm)), had longer appendages, more 2010, pers. comm.; Drost 2010, pers. evaluation of the information provided reduced posterior eyes, and fewer setae comm.) and more invertebrate surveys in the petition, we determined that the (stiff bristles present on the body) on its need to be conducted before we can petition presented substantial upper dorsal section (Muchmore 1981, conclude that the Grand Canyon cave information to indicate that listing the p. 56). Muchmore (1981, pp. 52–56) pseudoscorpion is endemic to the Cave Grand Canyon cave pseudoscorpion described three new species of of the Domes. Further, because many may be warranted due to the present or Archeolarca, and concluded that the cave-dwelling organisms are hard to threatened destruction, modification, or Grand Canyon cave pseudoscorpion find, cave inventories cannot be curtailment of its habitat or range showed the greatest overall adaption to considered complete without intensive resulting from groundwater pollution the cave environment. Welbourn (1978, invertebrate trapping, baiting of the and recreational impacts, and to the p. 40) noted that the specimen appeared entity, and multiple site visits (Wynne inadequacy of existing regulatory to be similar to the pseudoscorpions 2010, pers. comm.). We cannot describe mechanisms resulting from unregulated from earth cracks in Wupatki National the distribution based on a single visitation. The 90-day finding and our Mountain, Arizona, approximately 75 specimen; therefore, we are not able to initiation of a status review was miles (121 kilometers (km)) south of determine the distribution of the Grand published in the Federal Register on Grand Canyon National Park. Other Canyon cave pseudoscorpion. species in the genus Archeolarca have December 16, 2009 (74 FR 66866). This Habitat and Biology been reported in California, Utah, Texas, notice constitutes the 12-month finding and Oregon (Muchmore 1981, p. 56; Most species of pseudoscorpions on the June 18, 2007, petition to list the Peck 1998, p. 23). occur in tropical and subtropical areas Grand Canyon cave pseudoscorpion as throughout the world, although threatened or endangered. Distribution pseudoscorpions can also be found in Species Information The Cave of the Domes in Grand temperate zones (Weygoldt 1969, pg. Canyon National Park is currently the 108). They are found in a great variety Species Description only known location for the Grand of habitats, but one essential feature In 1978 W. Calvin Welbourn collected Canyon cave pseudoscorpion. Welbourn appears to be the presence of small one female specimen of the Grand (1978, pp. 36–41) conducted a regional crevices where they can retreat. All Canyon cave pseudoscorpion (Class study of cave fauna on Horseshoe Mesa pseudoscorpion species spend most of Arachnida, Order Pseudoscorpionida, of the Grand Canyon from 1977 to 1978. their lives within these crevices and Family Garypidae) in Grand Canyon Eight caves were examined including seldom appear on open ground. These National Park’s Cave of the Domes. This Babylon Cave, Crystal Forest Cave, small crevices can be found in rocks, specimen was first described by Land’s End Cave, Middle Cave, tree bark, leaf litter, nests of birds and Muchmore (1981, p. 55). Welbourn’s Scorpion Cave, Tse An Cho Cave, other small mammals, and buildings.

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Another important habitat factor is Villegas-Guzma´n 2006, p. 289). Factor A. The Present or Threatened humidity; most pseudoscorpions prefer Muchmore (1991, pers. comm.) stated Destruction, Modification, or high humidity, although some species that the genus Archeolarca does not Curtailment of Its Habitat or Range are found in arid conditions, such as usually inhabit caves but rather is found The Arizona Game and Fish deserts (Weygoldt 1969, pp. 108–111). in packrat nests, although packrat Department (2003, p. 2) stated that a There are few studies on the ecology middens are sometimes found in caves. threat to the Grand Canyon cave and habitat preferences of specific Francke and Villegas-Guzma´n (2006, p. pseudoscorpion was groundwater species of pseudoscorpions. We have no 297) conclude that pseudoscorpions pollution. Our previous discussion in specific information about the habitat most likely coexist with a particular the Habitat and Biology section and biology of the Grand Canyon cave rodent species in a mutualistic indicates that Cave of the Domes, where pseudoscorpion because the species is association (a relationship between two the species was collected, is considered known from only one specimen. species where both species derive dry and has very little ephemeral water Accordingly, we can only speculate benefits) in which pseudoscorpions feed (i.e., small drip zones). Further, the about their habitat requirements and on adult and larval fleas, which reduces specimen was found associated with biology based on the scant general the parasite load within the host nest. dry, organic material (grass) in Cave of information known about The benefits to the pseudoscorpion pseudoscorpions. the Domes. This description of the site Welbourn (1978, p. 37) observed that include the host nest providing suitable where the Grand Canyon cave the single most important limiting factor microclimate, especially in semiarid pseudoscorpion was collected seems for the cave fauna on Horseshoe Mesa, regions, as well as food (i.e., mites, fleas, unlikely to be affected by groundwater which includes Cave of the Domes, was flies and their larvae). It is possible that pollution because it is relatively dry, the lack of moisture. Welbourn (1978, p. this species may be associated with and based on a single specimen we are 37) reported that most of the caves packrat middens or other small mammal unable to determine the type of cave surveyed were dry and dusty with low nests within Cave of the Domes, but we habitat associated with this species. relative humidity, and that most of the cannot draw that conclusion based on Additionally, we have no specific caves examined, including Cave of the one specimen. information regarding the presence or Domes, received moisture from rainfall In summary, we lack sufficient introduction of contaminants or that percolates through the limestone information on the species to reach pollutants in water sources on above. Welbourn (1978, p. 40) reported conclusions about the biology or the Horseshoe Mesa, which could percolate collecting the species ‘‘in the Cross habitat needs of the Grand Canyon cave into the Cave of the Domes. Therefore, passage of Cave of the Domes in some pseudoscorpion. This is primarily we are unable to determine if organic material (grass).’’ According to because we know of only one specimen, groundwater pollution is a threat. Cave of the Domes is the only cave in the Grand Canyon National Park’s and we cannot make scientifically Grand Canyon National Park for which hydrologist, the Cave of the Domes is sound conclusions regarding habitat visitation is allowed. It is unknown considered to be a dry cave with no characteristics and biology based on a whether recreation is modifying or discharge or pools, but that the Cave of single specimen. the Domes has some small ephemeral destroying the Grand Canyon cave drip zones (Rice 2010, pers. comm.). We Factors Affecting the Grand Canyon pseudoscorpion’s habitat. A report from do not know if the location where the Cave Pseudoscorpion the Grand Canyon National Park Grand Canyon cave pseudoscorpion was (Western Speleological Institute 1954, found was optimal habitat or an Section 4 of the Act (16 U.S.C. 1533) pp. 1–2) stated that the cave has been accidental find, but if pseudoscorpions and implementing regulations (50 CFR badly vandalized and floor deposits prefer humid locations, this location part 424) set forth procedures for adding have been marred by trampling. may not represent optimal habitat. species to, removing species from, or However, it is unknown if this damage Some species of pseudoscorpions are reclassifying species on the Federal affects the pseudoscorpion’s habitat known to be phoretic (use another Lists of Endangered and Threatened because that habitat is unknown. We species for transportation) on other Wildlife and Plants. Under section note that vandalism and trampling have such as flies, beetles, and 4(a)(1) of the Act, a species may be been identified as potential threats to wasps. Pseudoscorpions will attach determined to be endangered or other pseudoscorpion species, such as themselves (not as parasites) to the legs threatened based on any of the the Empire cave pseudoscorpion and appendages of the adult , following five factors: (Microcreagris imperialis) (Muchmore which permits them to ‘‘hitchhike.’’ (A) The present or threatened and Cokendolpher 1995, pp. 174–175) According to Poinar et al. (1998, p. 79), destruction, modification, or and the Tooth cave pseudoscorpion the principal benefit of pseudoscorpion curtailment of its habitat or range; ( texana) (Service 1994, phoresy is dispersal; that is, to reach a pp. 62–63). If the Grand Canyon cave new habitat with an adequate supply of (B) Overutilization for commercial, pseudoscorpion occupies packrat food. We can only speculate on the recreational, scientific, or educational middens, as do other pseudoscorpions presence of the one specimen of Grand purposes; in the genus Archeolarca, then Canyon cave pseudoscorpion in Cave of (C) Disease or predation; recreational foot traffic may be a the Domes, but perhaps it was carried (D) The inadequacy of existing discountable impact; however, we are there and deposited by an arthropod. regulatory mechanisms; or lacking sufficient information on the The Park Service’s biological report habitat for this species. As such, we are (Hill et al. 1998, pg. 16) from Cave of the (E) Other natural or manmade factors unable to determine if recreational Domes indicated that packrat middens affecting its continued existence. activity is affecting the Grand Canyon (nests) were observed inside Cave of the In making this finding, information cave pseudoscorpion or its habitat. Domes. The report stated that a packrat pertaining to the Grand Canyon cave In summary, given the paucity of midden was found ‘‘in the second room pseudoscorpion in relation to the five biological information regarding the of the cave’’. Pseudoscorpions are often factors provided in section 4(a)(1) of the Grand Canyon cave pseudoscorpion and present in rodent nests (Francke and Act is discussed below. its habitat, we cannot determine or

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conclude that habitat degradation due to http://www.birdandhike.com provides a examined the best scientific and groundwater pollution or recreational detailed overview of the cave, including commercial information available activities in the Cave of the Domes is a photos and directions to the trailhead regarding the past, present, and future threat to the species now or in the and to the mouth of the cave. The Web threats faced by the Grand Canyon cave foreseeable future. site http://www.kaibab.org also provides pseudoscorpion. We reviewed the information about Cave of the Domes petition, information available in our Factor B. Overutilization for and states that many formations have files, other available published and Commercial, Recreational, Scientific, or been damaged by careless individuals unpublished information, and we Educational Purposes and asks visitors to treat the cave with consulted with recognized invertebrate Any commercial, recreational, respect. As stated above, we lack data to experts and the Grand Canyon National scientific, or educational collection assess the effect of recreation on the Park biologist and hydrologist. activities, including the collection of petitioned species. Therefore, due to the In considering what factors might pseudoscorpions, would require a lack of information regarding impacts of constitute threats, we must look beyond permit by the National Park Service. recreational visitors and the Park the mere exposure of the species to the Because of this regulation, there is no Service’s ability to close the area if factor to determine whether the species data suggesting that overutilization for additional information comes to light, responds to the factor in a way that commercial, recreational, scientific, or we find that the Grand Canyon cave causes actual impacts to the species. If educational purposes pose a threat to pseudoscorpion is not threatened by there is exposure to a factor, but no the species. There are no known inadequacy of regulatory mechanisms response, or only a positive response, commercial or recreational uses for now or in the foreseeable future. that factor is not a threat. If there is Grand Canyon cave pseudoscorpions. exposure and the species responds Therefore, we find that the Grand Factor E. Other Natural or Manmade negatively, the factor may be a threat Canyon cave pseudoscorpion is not Factors Affecting Its Continued and we then attempt to determine how threatened by overutilization now or in Existence significant a threat it is. If the threat is the foreseeable future. Model predictions are that significant, it may drive or contribute to temperatures in the Southwestern the risk of extinction of the species such Factor C. Disease or Predation United States will continue to increase, that the species warrants listing as We have no information to indicate with extreme weather events (such as threatened or endangered as those terms that the Grand Canyon cave heat waves, drought, and flooding) are defined by the Act. This does not pseudoscorpion is subject to disease or occurring with more frequency due to necessarily require empirical proof of a predation. We have not encountered any global climate change (Archer and threat. The combination of exposure and information that indicates the contrary; Predick 2008, p. 24). It is unknown how some corroborating evidence of how the however, in the absence of evidence that cave-adapted taxa will respond to global species is likely impacted could suffice. this factor may constitute a threat to the climate change. Baseline information on The mere identification of factors that species, we cannot determine or ecosystem structure and community could impact a species negatively is not conclude that the Grand Canyon cave structure is lacking for many caves, and sufficient to compel a finding that pseudoscorpion is threatened by disease we do not know how cave-dwelling listing is appropriate; we require or predation now or in the foreseeable species will respond to rising evidence that these factors are operative future. temperatures. Different layers of a cave threats that act on the species to the may be affected differently, depending Factor D. The Inadequacy of Existing point that the species meets the on their depth. (Wynne et al. 2008b, p. Regulatory Mechanisms definition of threatened or endangered 241). There will most likely be a lag under the Act. Under the current National Park effect; caves with shallow vertical depth Based on our review of the best Service policy, all caves in Grand are predicted to have a more immediate available scientific and commercial Canyon National Park are closed to response than caves with deeper vertical information pertaining to the five visitation by recreational users except depth (Wynne 2010, pers. comm.). We factors, we found no evidence to for the Cave of the Domes. The Park have no information on the geophysical indicate that there are threats to the Service has the authority, under the properties of Cave of the Domes. species or its habitat, from any of the Federal Cave Resources Protection Act Researchers are currently attempting to five factors. For this reason, we of 1988, to close areas to visitors if there understand the geophysical properties conclude that the Grand Canyon cave is significant degradation of a resource of caves as they relate to cave depth, the pseudoscorpion does not meet the or the threat of degradation or damage. potential effects of rising surface definition of a threatened or endangered On Park Service lands, all caves are temperatures on cave temperatures, and species and are, therefore, deemed ‘‘significant,’’ and the Park how the physiological requirements of recommending a finding of ‘‘not Service protects the caves, including cave-dwelling and cave-adapted species warranted.’’ biological, cultural, and paleontological are affected by climate change (Drost We request that you submit any new resources within the caves. The decision 2010, pers. comm.). Based on the best information concerning the distribution to regulate visitors or close the cave to available information, we cannot and status of, or threats to, the Grand recreational use is made by the Park determine or conclude that climate Canyon cave pseudoscorpion to our U.S. Superintendent with supporting change is a threat to the Grand Canyon Fish and Wildlife Service Office (see documentation from resource managers. cave pseudoscorpion now or in the ADDRESSES) whenever it becomes Official criteria for determining foreseeable future. available. New information will help us recreational access to Grand Canyon monitor the Grand Canyon cave National Park caves has not been Finding pseudoscorpion and encourage its established, but the initiation of a Cave As required by the Act, we considered conservation. If an emergency situation Management Plan is planned. the five factors in assessing whether the develops for the Grand Canyon cave Cave of the Domes is located beneath Grand Canyon cave pseudoscorpion is pseudoscorpion or any other species, we Horseshoe Mesa and is well known to threatened or endangered throughout all will act to provide immediate hikers and cavers. The Web site or a significant portion of its range. We protection.

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References Cited Chinook salmon Evolutionarily eastern Washington: The Methow, A complete list of references cited is Significant Unit (ESU). This advance Entiat and Wenatchee. A fourth available on the Internet at http:// notice of proposed rulemaking (ANPR) population historically inhabited the www.regulations.gov and upon request identifies policy and technical issues for Okanogan River Basin, but was from the U.S. Fish and Wildlife Service, consideration and evaluation, and extirpated in the 1930s because of overfishing, hydropower development, Arizona Ecological Services Field Office solicits comments regarding them. and habitat degradation (NMFS, 2007). (see ADDRESSES). DATES: Comments and information regarding the designation process may The designated critical habitat of UC Author(s) be sent to us (see ADDRESSES), no later spring-run Chinook salmon similarly includes all accessible reaches of The primary authors of this finding than 5 p.m. Pacific Time on September Columbia River tributaries between are the staff members of the Arizona 19, 2011. Rock Island and Chief Joseph Dams, but Ecological Services Field Office. ADDRESSES: Comments may be sent to excludes the Okanogan River. We did Chief, Protected Resources Division, Authority: The authority for this section is not include the Okanogan River Basin in NMFS, 1201 NE. Lloyd Blvd.—Suite section 4 of the Endangered Species Act of any critical habitat designation because 1100, Portland, OR 97232. Comments 1973, as amended (16 U.S.C. 1531 et seq.). the Okanogan population of spring-run may also be sent via facsimile (fax) to Dated: June 21, 2011. Chinook salmon no longer existed. 503–230–5441 or submitted on the Rowan W. Gould, The listed UC spring-run Chinook Internet via the Federal Rulemaking salmon ESU also includes six artificial Acting Director, Fish and Wildlife Service. portal at http://www.regulations.gov. [FR Doc. 2011–17864 Filed 7–18–11; 8:45 am] propagation programs: The Twisp River, Follow the instructions for submitting Chewuch River, Methow Composite, BILLING CODE 4310–55–P comments. Winthrop National Fish Hatchery, Instructions: All comments received Chiwawa River, and White River spring are a part of the public record and will DEPARTMENT OF COMMERCE Chinook salmon hatchery programs. generally be posted to http:// On October 9, 2007, we adopted a www.regulations.gov without change. National Oceanic and Atmospheric final recovery plan for the UC spring- We may elect not to post comments that Administration run Chinook salmon ESU (72 FR 57303). contain obscene or threatening content. The recovery plan identifies three extant All personal identifying information (for 50 CFR Part 223 populations in this ESU (the Methow, example, name, address, etc.) Wenatchee, and Entiat) and an historic, [Docket No. 110615334–1325–01] voluntarily submitted by the commenter extirpated population in the Okanogan may be publicly accessible. Do not RIN 0648–XA311 River Basin (NMFS, 2007). The recovery submit Confidential Business plan identifies re-establishment of a Endangered and Threatened Species: Information or otherwise sensitive or population in the Okanogan River Basin Authorizing Release of a Nonessential protected information. as a recovery action (NMFS, 2007). Re- We will accept anonymous comments Experimental Population of Upper establishment of a spring-run Chinook (enter N/A in the required fields, if you Columbia Spring-Run Chinook Salmon salmon population in the Okanogan wish to remain anonymous). You may in the Okanogan River Basin Under the River Basin could aid recovery of this submit attachments to electronic Endangered Species Act ESU by increasing abundance, by comments in Microsoft Word, Excel, improving spatial structure, and by AGENCY: National Marine Fisheries WordPerfect, or Adobe PDF file formats reducing the risk of extinction to the Service (NMFS), National Oceanic and only. ESU as a whole. Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: Eric On November 22, 2010, we received Commerce. Murray, NMFS, Northwest Region, a letter from the Confederated Tribes of ACTION: Advance Notice of Proposed Portland, OR 503–231–2378; or Dwayne the Colville Reservation (CTCR) Rulemaking; Request for Information. Meadows, NMFS, Office of Protected requesting that we authorize the release Resources, Silver Spring, MD 301–713– of an experimental population of spring- SUMMARY: We, the National Marine 1401. run Chinook salmon in the Okanogan Fisheries Service (NMFS), will be SUPPLEMENTARY INFORMATION: River Basin. The CTCR has also initiated considering a proposal to authorize a discussions on this topic with the U.S. Rulemaking Background nonessential experimental population of Fish and Wildlife Service (USFWS), the Upper Columbia (UC) spring-run We first listed the Upper Columbia Bonneville Power Administration, the Chinook salmon (Oncorhynchus (UC) spring-run Chinook salmon ESU as Army Corps of Engineers, the Bureau of tshawytscha) in the Okanogan River and endangered under the ESA on March 24, Reclamation, the Washington its tributaries in Okanogan County, 1999 (64 FR 14308), and reaffirmed this Department of Fish and Wildlife Washington under the Endangered status on June 28, 2005 (70 FR 37160). (WDFW), and the Okanagan Nations Species Act (ESA) of 1973, as amended. ESA Section 9 ‘‘take’’ prohibitions Alliance of Canada. The CTCR’s request The geographic boundaries of the currently apply to the UC spring-run included a large amount of information experimental population area would Chinook salmon ESU because of its on the biology of UC spring-run likely include the entire Okanogan River endangered status. Chinook salmon and the possible subbasin and a portion of the mainstem The listed ESU currently includes all management implications of releasing Columbia River from the confluence of naturally spawned populations of an experimental population in the the Columbia and Okanogan Rivers spring-run Chinook salmon in Okanogan Basin. upstream to the base of Chief Joseph accessible reaches of Columbia River Dam. We will consider the best tributaries between Rock Island and Statutory and Regulatory Framework available information to determine if Chief Joseph Dams, excluding the Section 10(j) of the ESA allows the reintroduction of Chinook salmon is Okanogan River. Listed spring-run Secretary of Commerce (Secretary) to biologically feasible and will promote Chinook salmon from this ESU authorize the release of populations of the conservation of the UC spring-run currently spawn in three river basins in listed species outside their current range

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