Vol. 80 Thursday, No. 63 April 2, 2015 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Northern Long-Eared Bat With 4(d) Rule; Final Rule and Interim Rule VerDate Sep<11>2014 21:11 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02APR3.SGM 02APR3 tkelley on DSK3SPTVN1PROD with RULES3 17974 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR midwest/Endangered. Comments and northern long-eared bat (Myotis materials we received, as well as septentrionalis) as a threatened species. Fish and Wildlife Service supporting documentation we used in The basis for our action: Under the preparing the final listing rule, are Endangered Species Act, we can 50 CFR Part 17 available for public inspection at http:// determine that a species is an endangered or threatened species based [Docket No. FWS–R5–ES–2011–0024; www.regulations.gov, and by 4500030113] appointment, during normal business on any of five factors: (A) The present hours at: U.S. Fish and Wildlife Service, or threatened destruction, modification, RIN 1018–AY98 Twin Cities Ecological Services Office, or curtailment of its habitat or range; (B) overutilization for commercial, Endangered and Threatened Wildlife 4101 American Blvd. East, Bloomington, MN 55425; telephone (612) 725–3548, recreational, scientific, or educational and Plants; Threatened Species Status purposes; (C) disease or predation; (D) for the Northern Long-Eared Bat With ext. 2201; or facsimile (612) 725–3609. Comments on the interim rule the inadequacy of existing regulatory 4(d) Rule amending 50 CFR 17.40: You may mechanisms; or (E) other natural or AGENCY: Fish and Wildlife Service, submit comments on the interim rule manmade factors affecting its continued Interior. amending 50 CFR 17.40 by one of the existence. We have determined that white-nose syndrome is the ACTION: Final rule, and interim rule with following methods: request for comments. (1) Electronically: Go to the Federal predominant threat to the species. eRulemaking Portal: http:// Peer review and public comment: We SUMMARY: We, the U.S. Fish and www.regulations.gov. In the Search box, sought comments from independent Wildlife Service (Service), determine enter FWS–R5–ES–2011–0024, which is specialists to ensure that our threatened species status under the the docket number for this rulemaking. designation is based on scientifically Endangered Species Act of 1973 (Act), Then click on the Search button. Please sound data, assumptions, and analyses. as amended, for the northern long-eared ensure that you have located the correct We invited these peer reviewers to bat (Myotis septentrionalis), a bat document before submitting your comment on our listing proposal. We species that occurs in 37 States, the comments. You may submit a comment also considered all comments and District of Columbia, and 13 Canadian by clicking on ‘‘Comment Now!’’ information we received during the Provinces. The effect of this final rule (2) By hard copy: Submit by U.S. mail comment periods. will be to add the northern long-eared or hand-delivery to: Public Comments Interim 4(d) Rule bat to the List of Endangered and Processing, Attn: FWS–R5–ES–2011– Threatened Wildlife. 0024; Division of Policy, Performance, The need for the regulatory action and We are also establishing an interim and Management Programs; U.S. Fish how the action will meet that need: rule under the authority of section 4(d) and Wildlife Service, MS: BPHC; 5275 Consistent with section 4(d) of the Act, of the Act that provides measures that Leesburg Pike, Falls Church, VA 22041– this interim 4(d) rule provides measures are necessary and advisable to provide 3803. that are tailored to our current for the conservation of the northern We request that you send comments understanding of the conservation needs long-eared bat. We are seeking public only by one of the methods described of the northern long-eared bat. Statement of legal authority for the comments on this interim rule, and we above. We will post all comments on regulatory action: Under section 4(d) of will publish either an affirmation of the http://www.regulations.gov. This the Act, the Secretary of the Interior has interim rule or a final rule amending the generally means that we will post any discretion to issue such regulations as interim rule after we consider all personal information you provide us she deems necessary and advisable to comments we receive. If you previously (see the Public Comments Solicited on provide for the conservation of the submitted comments or information on the Interim 4(d) Rule section, below, for species. The Secretary also has the the proposed 4(d) rule we published on more information). discretion to prohibit by regulation with January 16, 2015, please do not resubmit FOR FURTHER INFORMATION CONTACT: Lisa respect to a threatened species, any act them. We have incorporated them into Mandell, Deputy Field Supervisor, U.S. prohibited by section 9(a)(1) of the Act. the public record, and we will fully Fish and Wildlife Service, Twin Cities Summary of the major provisions of consider them in our final Ecological Services Field Office, 4101 the regulatory action: The interim determination on the 4(d) rule. American Blvd. East, Bloomington, MN species-specific 4(d) rule prohibits DATES: Effective dates: The final rule 55425; telephone (612) 725–3548, ext. 2201; or facsimile (612) 725–3609. purposeful take of northern long-eared amending 50 CFR 17.11 and the interim bats throughout the species’ range, rule amending 50 CFR 17.40 are both Persons who use a telecommunications device for the deaf (TDD) may call the except in instances of removal of effective May 4, 2015. northern long-eared bats from human Comments on the interim rule Federal Information Relay Service (FIRS) at 800–877–8339. structures and authorized capture and amending 50 CFR 17.40: We will accept handling of northern long-eared bat by SUPPLEMENTARY INFORMATION: comments on the interim rule amending individuals permitted to conduct these 50 CFR 17.40 received or postmarked on Executive Summary same activities for other bats (for a or before July 1, 2015. Comments period of 1 year after the effective date Final Listing Rule submitted electronically using the of the interim 4(d) rule). Federal eRulemaking Portal (see Why we need to publish a rule: Under In areas not yet affected by white nose ADDRESSES, below) must be received by the Endangered Species Act, a species syndrome (WNS), a disease currently 11:59 p.m. Eastern Time on the closing may warrant protection through listing affecting many U.S. bat populations, all date. if it is endangered or threatened incidental take resulting from any ADDRESSES: Document availability: The throughout all or a significant portion of otherwise lawful activity will be final listing rule is available on the its range. Listing a species as an excepted from prohibition. Internet at http://www.regulations.gov endangered or threatened species can In areas currently known to be under Docket No. FWS–R5–ES–2011– only be completed by issuing a rule. affected by WNS, all incidental take 0024 and at http://www.fws.gov/ This rule will finalize the listing of the prohibitions apply, except that take VerDate Sep<11>2014 21:11 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02APR3.SGM 02APR3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17975 attributable to forest management and Schump 1979, p. 1), but was tragus (projection of skin in front of the practices, maintenance and limited recognized as a distinct species by van external ear) is long (average 9 mm (0.4 expansion of transportation and utility Zyll de Jong in 1979 (1979, p. 993), in); Whitaker and Mumford 2009, p. rights-of-way, prairie habitat based on geographic separation and 207), pointed, and symmetrical management, and limited tree removal difference in morphology (as cited in (Nagorsen and Brigham 1993, p. 87; projects shall be excepted from the take Caceres and Pybus 1997 p. 1; Caceres Whitaker and Mumford 2009, p. 207). prohibition, provided these activities and Barclay 2000, p. 1; Nagorsen and There is an occasional tendency for the protect known maternity roosts and Brigham 1993, p. 87; Whitaker and northern long-eared bat to exhibit a hibernacula. Further, removal of Hamilton 1998, p. 99; Whitaker and slight keel on the calcar (spur of hazardous trees for the protection of Mumford 2009, p. 207; Simmons 2005, cartilage arising from inner side of human life or property shall be excepted p. 516). The northern long-eared bat is ankle; Nagorsen and Brigham 1993, p. from the take prohibition. currently considered a monotypic 87). This can add some uncertainty in species, with no subspecies described distinguishing northern long-eared bats Previous Federal Action for this species (Caceres and Barclay from other sympatric Myotis species Please refer to the proposed listing 2000, p. 1; Nagorsen and Brigham 1993, (Lacki 2013, pers. comm.). Within its rule for the northern long-eared bat (78 p. 90; Whitaker and Mumford 2009, p. range, the northern long-eared bat can FR 61046; October 2, 2013) for a 214; van Zyll de Jong 1985, p. 94). be confused with the little brown bat detailed description of previous Federal Reynolds (2013, pers. comm.) stated that (Myotis lucifugus) or the western long- actions concerning this species. On there have been very few genetic studies eared myotis (Myotis evotis).