Vol. 77 Thursday, No. 197 October 11, 2012 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Taylor’s Checkerspot Butterfly and Streaked Horned Lark and Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 18:03 Oct 10, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11OCP3.SGM 11OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 61938 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR December 10, 2012. We must receive [FWS–R1–ES–2012–0080], and at the requests for public hearings, in writing, Washington Fish and Wildlife Office Fish and Wildlife Service at the address shown in FOR FURTHER (see FOR FURTHER INFORMATION CONTACT). INFORMATION CONTACT by November 26, Any additional tools or supporting 50 CFR Part 17 2012. information that we may develop for [FWS–R1–ES–2012–0080; 4500030113] ADDRESSES: You may submit comments this rulemaking will also be available at by one of the following methods: the Fish and Wildlife Service Web site RIN 1018–AY18 (1) Electronically: Go to the Federal and Field Office set out above, and may eRulemaking Portal: http:// also be included in the preamble and/ Endangered and Threatened Wildlife or at www.regulations.gov. and Plants; Listing Taylor’s www.regulations.gov. In the Search box, Checkerspot Butterfly and Streaked enter Docket No. FWS–R1–ES–2012– FOR FURTHER INFORMATION CONTACT: Ken Horned Lark and Designation of 0080, which is the docket number for S. Berg, Manager, Washington Fish and Critical Habitat this rulemaking. You may submit a Wildlife Office, 510 Desmond Drive, comment by clicking on ‘‘Comment Lacey, WA 98503, by telephone (360) AGENCY: Fish and Wildlife Service, Now!’’. 753–9440, or by facsimile (360) 534– Interior. (2) By hard copy: Submit by U.S. mail 9331. Persons who use a ACTION: Proposed rule. or hand-delivery to: Public Comments telecommunications device for the deaf Processing, Attn: FWS–R1–ES–2012– (TDD) may call the Federal Information SUMMARY: We, the U.S. Fish and 0080; Division of Policy and Directives Relay Service (FIRS) at 800–877–8339. Wildlife Service, propose to list the Management; U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: Taylor’s checkerspot butterfly as an Service; 4401 N. Fairfax Drive, MS endangered species, and to list the 2042–PDM; Arlington, VA 22203. Executive Summary streaked horned lark as a threatened We request that you send comments Why we need to publish a rule. Under species under the Endangered Species only by the methods described above. the Endangered Species Act (Act), a Act of 1973, as amended (Act). We We will post all comments on http:// species may warrant protection through additionally propose to designate www.regulations.gov. This generally listing if it is an endangered or critical habitat for these species. These means that we will post any personal threatened species throughout all or a determinations fulfill our obligations information you provide us (see the significant portion of its range. The under a settlement agreement. These are Public Comments section below for species addressed in these proposed proposed regulations, and if finalized, more information). rules are candidates for listing and, by the effect of these regulations will be to The coordinates or plot points or both virtue of a settlement agreement, we add these species to the List of from which the critical habitat maps are must make a determination as to their Endangered and Threatened Wildlife generated are included in the present status under the Act. These and to designate critical habitat under administrative record for this status changes can only be done by the Endangered Species Act. rulemaking and are available at http:// issuing a rulemaking. The table below DATES: We will accept comments www.fws.gov/wafwo/, summarizes our determination for each received or postmarked on or before www.regulations.gov at Docket No. of these candidate species: Species Present range Status Taylor’s checkerspot butterfly, British Columbia, Canada; Clallam, Pierce, and Thurston Counties, WA; and Proposed Endangered. Euphydryas editha taylori. Benton County, OR. Streaked horned lark, Eremophila Grays Harbor, Mason, Pacific, Pierce, Thurston, Cowlitz, and Wahkiakum Proposed Threatened. alpestris strigata. Counties, WA; Benton, Clackamas, Clatsop, Columbia, Lane, Linn, Mar- ion, Multnomah, Polk, Washington, and Yamhill Counties, OR. The basis for our action. Under the • Habitat loss through conversion and for the Taylor’s checkerspot butterfly Endangered Species Act, we may degradation of habitat, particularly from and streaked horned lark in Washington determine that a species is an agricultural and urban development, and Oregon as follows: endangered or threatened species based successional changes to grassland • Approximately 6,875 acres (ac) on any of five factors: (A) The present habitat, military training, and the spread (2,782 hectares (ha)) are proposed for or threatened destruction, modification, of invasive plants; designation as critical habitat for the or curtailment of its habitat or range; (B) • Predation; Taylor’s checkerspot butterfly. overutilization for commercial, • Inadequate existing regulatory • Approximately 12,159 ac (4,920 ha) recreational, scientific, or educational mechanisms that allow significant are proposed for designation as critical purposes; (C) disease or predation; (D) threats such as habitat loss; habitat for the streaked horned lark. the inadequacy of existing regulatory • Other natural or manmade factors, The basis for our action. Under the mechanisms; or (E) other natural or including low genetic diversity, small or Endangered Species Act, we are manmade factors affecting its continued isolated populations, low reproductive required to designate critical habitat for existence. success, and declining population sizes; any species that is determined to be For those species for which we are • Aircraft strikes and training at endangered or threatened. We are proposing listing, we have determined airports; and required to base the designation on the that these species are impacted by one • Pesticide use or control as a pest best available scientific data after taking or more of the following factors to the species. into consideration economic, national extent that the species meets the In this rule we propose to designate security, and other relevant impacts. An definition of an endangered or critical habitat for these species. We are area may be excluded from the final threatened species under the Act: proposing to designate critical habitat designation of critical habitat if the VerDate Mar<15>2010 18:03 Oct 10, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11OCP3.SGM 11OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Proposed Rules 61939 benefits of exclusion outweigh the interested parties concerning this (d) What areas not occupied at the benefits of designation, unless the proposed rule. We particularly seek time of listing are essential for the exclusion will result in the extinction of comments concerning: conservation of the species and why. the species. (1) The species’ biology, range, and (8) Land use designations and current We are proposing to promulgate population trends, including: or planned activities in the subject areas special rules. We are considering (a) Habitat requirements for feeding, and their possible impacts on proposed whether to exempt from the Act’s take breeding, and sheltering; critical habitat. prohibitions (at section 9), existing (b) Genetics and taxonomy; (9) Information on the projected and maintenance activities and agricultural (c) Historical and current range reasonably likely impacts of climate practices located on private and Tribal including distribution patterns; change on the Taylor’s checkerspot (d) Historical and current population lands where the streaked horned lark butterfly and streaked horned lark, and levels, and current and projected trends; occurs. The intent of this special rule on proposed critical habitat. would be to increase support for the and (e) Past and ongoing conservation (10) Any probable economic, national conservation of the streaked horned lark security, or other relevant impacts of and provide an incentive for continued measures for the species, its habitat or both. designating any area that may be management activities that benefit this included in the final designation; in species and its habitat. (2) The factors that are the basis for making a listing determination for a particular, any impacts on small entities We are preparing an economic or families, and the benefits of including analysis. To ensure that we fully species under section 4(a) of the Act (16 U.S.C. 1531 et seq.), which are: or excluding areas that exhibit these consider the economic impacts, we are impacts. preparing a draft economic analysis of (a) The present or threatened destruction, modification, or (11) Whether any specific areas we are the proposed designations of critical proposing for critical habitat habitat. We will publish an curtailment of its habitat or range; (b) Overutilization for commercial, designation should be considered for announcement and seek public recreational, scientific, or educational exclusion under section 4(b)(2) of the comments on the draft economic purposes; Act, and whether the benefits of analysis when it