42054 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules to the third element in the process, further consideration. We found that from the Nevada Fish and Wildlife which is to evaluate the population there is no area within the range of the Office (see ADDRESSES section). segment’s conservation status in relation Amargosa toad where the potential Author(s) to the Act’s standards for listing as an threat of development or groundwater endangered or threatened species. The withdrawal is significantly concentrated The primary authors of this notice are DPS evaluation in this finding concerns or may be substantially greater than in staff with the Nevada Fish and Wildlife the Amargosa toad that we were other portions of the range. Some sites Office, Las Vegas. petitioned to list as threatened or including Crystal and Lower Indian Authority endangered. Springs may become overgrown with The authority for this section is Discreteness vegetation and cause the site to become unsuitable and require rehabilitation. section 4 of the Endangered Species Act Under the DPS Policy, a population Cattle and feral burros may provide the of 1973, as amended (16 U.S.C. 1531 et segment of a vertebrate taxon may be necessary disturbance to improve and seq.). considered discrete if it satisfies either maintain Amargosa toad habitat but may Dated: July 9, 2010 one of the following conditions: cause short-term overuse of some sites. Wendi Weber, (1) It is markedly separated from other Use by OHVs may cause localized Acting Director, Fish and Wildlife Service. populations of the same taxon as a impacts but we do not anticipate these consequence of physical, physiological, [FR Doc. 2010–17647 Filed 7–19– 10; 8:45 am] effects to result in population declines. BILLING CODE S ecological, or behavioral factors. Although nonnative toad predators such Quantitative measures of genetic or as crayfish, bullfrogs, and mosquito fish morphological discontinuity may occur throughout much of the range of DEPARTMENT OF THE INTERIOR provide evidence of this separation. (2) the toad and likely impact the toad to It is delimited by international some extent, we have found that toads Fish and Wildlife Service governmental boundaries within which have, and will continue to coexist with differences in control of exploitation, these predators. There is no indication 50 CFR Part 17 management of habitat, conservation that stochastic events, climate change, status, or regulatory mechanisms exist [Docket No. FWS–R8–ES–2009–0073] or environmental contaminants [92210–1117–0000–B4] that are significant in light of section differentially affect any given site. 4(a)(1)(D) of the Act. On the basis of our review, we found RIN 1018–AW54 no areas within the species’ range where Markedly Separated From Other Endangered and Threatened Wildlife threats are geographically concentrated. Populations of the Taxon and Plants; Revised Critical Habitat for The species is characterized by As described previously (see Species Brodiaea filifolia (Thread-leaved metapopulations across its range which Information above), the Amargosa toad Brodiaea) is characterized by metapopulations allows for an individual site to be across its range. Individual Amargosa extirpated and become repopulated AGENCY: Fish and Wildlife Service, toads move among these from neighboring populations. The Interior. metapopulations, and there is no factors affecting the species are ACTION: Proposed rule; reopening of indication that physical, physiological, essentially uniform throughout its comment period. ecological, or behavioral barriers exist range, indicating that no portion of the SUMMARY: We, the U.S. Fish and that would render any portions of the Amargosa toad’s range warrants further Wildlife Service (Service), announce the species’ range markedly separate from consideration of possible threatened or reopening of the public comment period other portions. Furthermore, we have no endangered status. on our December 8, 2009, proposed quantitative data such as genetic We do not find that the Amargosa revised designation of critical habitat for information to suggest any portions of toad is in danger of extinction now, nor Brodiaea filifolia (thread-leaved the species to be markedly separate from is it likely to become endangered within brodiaea) under the Endangered Species others. Therefore, we conclude there are the foreseeable future throughout all or Act of 1973, as amended. We also no portions of the species’ range that a significant portion of its range. announce the availability of a draft meet the discreteness criterion of the Therefore, listing the Amargosa toad as economic analysis (DEA) and an Service’s DPS policy. Since both threatened or endangered under the Act amended required determinations discreteness and significance are is not warranted throughout all or a section of the proposal. We are required to satisfy the DPS policy, we significant portion of its range at this reopening the comment period for an have determined that there are no time. additional 30 days to allow all populations of the Amargosa toad that We request that you submit any new interested parties an opportunity to qualify as a DPS under our policy. As information concerning the status of, or comment on all of the above. If you a result, no further analysis under the threats to, the Armargosa toad to our submitted comments previously, you do DPS policy is necessary. Nevada Fish and Wildlife Office (see ADDRESSES section) whenever it not need to resubmit them because we Significant Portion of the Range becomes available. New information have already incorporated them into the Having determined that the Amargosa will help us monitor the Amargosa toad public record and will fully consider toad does not meet the definition of a and encourage its conservation. If an them in our final determination. threatened or endangered species, we emergency situation develops for the DATES: We will consider public must next consider whether there are Amargosa toad, we will act to provide comments received on or before August any significant portions of the range immediate protection. 19, 2010. Any comments that we receive where the Amargosa toad is in danger of after the closing date may not be References Cited extinction or is likely to become considered in the final decision on this endangered in the foreseeable future. A complete list of references cited is action. We considered whether any portions available on the Internet at http:// ADDRESSES: You may submit comments of the Amargosa toad’s range warrant www.regulations.gov and upon request by one of the following methods: VerDate Mar<15>2010 15:03 Jul 19, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.SGM 20JYP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 42055 Federal eRulemaking Portal: http:// conservation of B. filifolia that we designation that are not appropriately www.regulations.gov. Follow the should include in the final critical identified or considered in our instructions for submitting comments habitat designation and why. Include economic analysis. on Docket No. FWS–R8–ES–2009–0073. information on the distribution of these (9) The potential effects of climate U.S. mail or hand-delivery: Public essential features and what special change on this species and its habitat Comments Processing, Attn: FWS–R8– management considerations or and whether the critical habitat may ES–2009–0073; Division of Policy and protections may be required to maintain adequately account for these potential Directives Management; U.S. Fish and or enhance them. effects. Wildlife Service; 4401 N. Fairfax Drive, • Areas we proposed as revised (10) Whether we could improve or Suite 222; Arlington, VA 22203. critical habitat that do not contain the modify our approach to designating We will post all comments on http:// physical and biological features critical habitat in any way to provide for www.regulations.gov. This generally essential to the conservation of the greater public participation and means that we will post any personal species and that should therefore not be understanding, or to better information you provide us (see the designated as critical habitat. accommodate concerns and comments. Public Comments section below for • Areas not occupied at the time of If you submitted comments or more information). listing that are essential for the information on the proposed revised FOR FURTHER INFORMATION CONTACT: Jim conservation of the species and why. rule (74 FR 64930) during the initial Bartel, Field Supervisor, U.S. Fish and (3) Land use designations and current comment period from December 8, Wildlife Service, Carlsbad Fish and or planned activities in the areas 2009, to February 8, 2010, please do not Wildlife Office, 6010 Hidden Valley occupied by the species, and their resubmit them. These comments are Road, Suite 101, Carlsbad, CA 92011; possible impacts on proposed revised included in the public record for this telephone (760) 431–9440; facsimile critical habitat. rulemaking, and we will fully consider (760) 431–5901. Persons who use a (4) How the proposed revised critical them in the preparation of our final telecommunications device for the deaf habitat boundaries could be refined to determination. Our final determination (TDD) may call the Federal Information more closely circumscribe landscapes concerning the revised critical habitat Relay Service (FIRS) at (800)