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Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Final Rule

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Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Final Rule Vol. 81 Friday, No. 166 August 26, 2016 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 the Sierra Nevada Yellow-Legged Frog, the Northern DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Final Rule VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59046 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR Sacramento CA 95825; telephone 916– current best assessment of the areas that 414–6600; facsimile 916–414–6612. meet the definition of critical habitat for Fish and Wildlife Service The coordinates or plot points or both the Sierra Nevada yellow-legged frog, from which the maps are generated are the northern DPS of the mountain 50 CFR Part 17 included in the administrative record yellow-legged frog, and the Yosemite for this critical habitat designation and toad. Here we are designating: [Docket No. FWS–R8–ES–2012–0074; are available at http:// • Approximately 437,929 ha 4500030113] www.regulations.gov at Docket No. (1,082,147 ac) for the Sierra Nevada FWS–R8–ES–2012–0074, and at the RIN 1018–AY07 Sacramento Fish and Wildlife Office yellow-legged frog in Plumas, Lassen, (http://www.fws.gov/sacramento; see Sierra, Nevada, Placer, El Dorado, Endangered and Threatened Wildlife Amador, Calaveras, Alpine, Mariposa, and Plants; Designation of Critical FOR FURTHER INFORMATION CONTACT, below). Any additional tools or Mono, Madera, Tuolumne, Fresno, and Habitat for the Sierra Nevada Yellow- Inyo Counties, California; Legged Frog, the Northern DPS of the supporting information that we • Approximately 89,637 hectares Mountain Yellow-Legged Frog, and the developed for this critical habitat (221,498 acres) for the northern DPS of Yosemite Toad designation will also be available at the Fish and Wildlife Service Web site and the mountain yellow-legged frog in AGENCY: Fish and Wildlife Service, Field Office set out above, and may also Fresno, Inyo and Tulare Counties, Interior. be included in the preamble of this rule California; and ACTION: Final rule. and at http://www.regulations.gov. • Approximately 303,889 hectares FOR FURTHER INFORMATION CONTACT: (750,926 acres) for the Yosemite toad in SUMMARY: We, the U.S. Fish and Jennifer Norris, Field Supervisor, U.S. Alpine, Tuolumne, Mono, Mariposa, Wildlife Service (Service), designate Fish and Wildlife Service, Sacramento Madera, Fresno, and Inyo Counties, critical habitat for the Sierra Nevada Fish and Wildlife Office, 2800 Cottage California. yellow-legged frog (Rana sierrae), the Way, W–2605, Sacramento CA 95825; northern distinct population segment telephone 916–414–6700; facsimile This rule is a final rule designating (DPS) of the mountain yellow-legged 916–414–6612. If you use a critical habitat for the Sierra Nevada frog (Rana muscosa), and the Yosemite telecommunications device for the deaf yellow-legged frog, the northern DPS of toad (Anaxyrus canorus) under the (TDD), call the Federal Information the mountain yellow-legged frog, and Endangered Species Act of 1973, as Relay Service (FIRS) at 800–877–8339. the Yosemite toad. This rule designates amended (Act). There is significant SUPPLEMENTARY INFORMATION: critical habitat necessary for the overlap in the critical habitat conservation of these listed species. Executive Summary designations for these three species. The We have prepared an economic designated area, taking into account Why we need to publish a rule. This analysis of the designation of critical overlap in the critical habitat is a final rule to designate critical habitat. In order to consider economic designations for these three species, is habitat for the Sierra Nevada yellow- impacts, we have prepared an analysis in total approximately 733,357 hectares legged frog, the northern DPS of the of the economic impacts of the critical (ha) (1,812,164 acres (ac)) in Alpine, mountain yellow-legged frog, and the habitat designations and related factors. Amador, Calaveras, El Dorado, Fresno, Yosemite toad. Under the Endangered We announced the availability of the Inyo, Lassen, Madera, Mariposa, Mono, Species Act, any species that is draft economic analysis (DEA) in the Nevada, Placer, Plumas, Sierra, Tulare, determined to be an endangered or Federal Register on January 10, 2014 and Tuolumne Counties, California. All threatened species requires critical (79 FR 1805), allowing the public to critical habitat units and subunits are habitat to be designated, to the provide comments on our DEA. We occupied by the respective species. The maximum extent prudent and have incorporated the comments and effect of this rule is to designate critical determinable. Designations and have completed the final economic habitat under the Act for the revisions of critical habitat can only be analysis (FEA) concurrently with this conservation of the Sierra Nevada completed by issuing a rule. final determination. yellow-legged frog, the northern DPS of We listed the Sierra Nevada yellow- legged frog and the northern DPS of the Peer review and public comment. We the mountain yellow-legged frog, and formally sought comments from five the Yosemite toad. mountain yellow-legged frog as endangered species, and the Yosemite independent specialists to ensure that DATES: This rule is effective September toad as a threatened species, on April our designations are based on 26, 2016. 29, 2014 (79 FR 24256). On April 25, scientifically sound data and analyses. ADDRESSES: This final rule is available 2013, we published in the Federal We obtained opinions from three on the Internet at http:// Register a proposed critical habitat knowledgeable individuals with www.regulations.gov and http:// designation for the Sierra Nevada scientific expertise to review our www.fws.gov/sacramento. Comments yellow-legged frog, the northern DPS of technical assumptions and analysis, and and materials we received, as well as the mountain yellow-legged frog, and whether or not we had used the best supporting documentation we used in the Yosemite toad (78 FR 24516). available information. These peer preparing this final rule, are available Section 4(b)(2) of the Act states that the reviewers generally concurred with our for public inspection at http:// Secretary shall designate critical habitat methods and conclusions, and provided www.regulations.gov. All of the on the basis of the best available additional information, clarifications, comments, materials, and scientific data after taking into and suggestions to improve this final documentation that we considered in consideration the economic impact, rule. Information we received from peer this rulemaking are available by national security impact, and any other review is incorporated in these final appointment, during normal business relevant impact of specifying any designations. We also considered all hours, at: U.S. Fish and Wildlife particular area as critical habitat. comments and information we received Service, Sacramento Fish and Wildlife The critical habitat areas we are from the public during the comment Office, 2800 Cottage Way, W–2605, designating in this rule constitute our periods. VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59047 Previous Federal Actions All substantive information provided between occupied habitat subunits. during the comment periods has either Specific areas recommended for Please refer to the proposed listing been incorporated directly into this final expansion of Sierra Nevada yellow- rule for the Sierra Nevada yellow-legged determination or is addressed below. legged frog critical habitat included: frog, the northern DPS of the mountain Comments we received are either Hellhole Meadow in the Lake Tahoe yellow-legged frog, and the Yosemite directly answered, or are sometimes Basin Management Unit; Bourland toad (78 FR 24472, April 25, 2013) for grouped into general issues specifically Meadow, Moore Creek, and Skull Creek a detailed description of previous relating to the proposed critical habitat in the Stanislaus National Forest; Federal actions concerning these designation for the Sierra Nevada Middle Creek in the El Dorado National species. yellow-legged frog, the northern DPS of Forest; additions to areas in the Plumas Summary of Comments and the mountain yellow-legged frog, and National Forest, including subunit 1D, Recommendations the Yosemite toad, and are addressed in subunit 1B, and areas to merge subunit the following summary and 1B and 1C across extant localities and We requested written comments from incorporated into the final rule as to increase connectivity and protect the public on the proposed designation appropriate. newly discovered localities in subunit of critical habitat for the Sierra Nevada Comments From Federal Agencies 2A; and the Witcher Meadow/Birch yellow-legged frog, the northern DPS of Creek area to provide a source for frog the mountain yellow-legged frog, and We received comments from three translocations into Rock Creek drainage the Yosemite toad during three Federal agencies regarding the proposed and Eastern Brook Lakes in the Inyo comment periods. The first comment critical habitat designations for the National Forest. USFS also asked about period associated with the publication Sierra Nevada yellow-legged frog, the the potential for future critical habitat of the proposed designation (78 FR northern DPS of the mountain yellow- additions. legged frog, and the Yosemite toad. 24516) opened on April 25, 2013, and Our Response: We concur that our Comments we received are addressed closed on June 24, 2013. A second proposed designation of critical habitat comment period opened on July 19, below. (1) Comment: The U.S. Forest Service did not include broad-scale connectivity 2013, and closed on November 18, 2013 across subunits. However, in many areas (78 FR 43122).
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