64210 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations Federal Communications Commission. available by appointment, during glacier stonefly has already been John Schauble, normal business hours at: U.S. Fish and documented. Drought is expected to Deputy Chief, Broadband Division, Wireless Wildlife Service, Montana Ecological further reduce the amount of habitat Telecommunications Bureau. Services Office, 585 Shepard Way, Suite occupied by meltwater lednian stonefly [FR Doc. 2019–25202 Filed 11–20–19; 8:45 am] 1, Helena, MT 59601; 406–449–5225. and western glacier stonefly, due to BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: Jodi reductions of meltwater from seasonal Bush, Office Supervisor, U.S. Fish and snowpack and anticipated future Wildlife Service, Montana Ecological reduction of flow from other meltwater sources in the foreseeable future (Factor DEPARTMENT OF THE INTERIOR Services Field Office, 585 Shepard Way, Suite 1, Helena, MT 59601, by E). As a result of this anticipated loss of Fish and Wildlife Service telephone 406–449–5225. Persons who habitat, only a few refugia streams and use a telecommunications device for the springs are expected to persist in the 50 CFR Part 17 deaf may call the Federal Relay Service long term. Recolonization of at 800–877–8339. intermittent habitats where known [Docket No. FWS–R6–ES–2016–0086; occurrences of either species are SUPPLEMENTARY INFORMATION: 4500030113] extirpated is not anticipated, given the RIN 1018–BB52 Executive Summary poor dispersal abilities of similar Why we need to publish a rule. Under stonefly species. Threats to meltwater Endangered and Threatened Wildlife the Endangered Species Act, a species lednian stonefly and western glacier and Plants; Threatened Species Status may warrant protection through listing stonefly habitat are currently occurring for Meltwater Lednian Stonefly and if it is endangered or threatened rangewide, are based on empirical evidence of past and current glacial Western Glacier Stonefly With a throughout all or a significant portion of melting, and are expected to continue Section 4(d) Rule its range. Listing a species as an into the foreseeable future. endangered or threatened species can AGENCY: Fish and Wildlife Service, Peer review and public comment. We Interior. only be completed by issuing a rule. sought comments from seven objective What this document does. This rule ACTION: Final rule. and independent specialists (and will add the meltwater lednian stonefly received three responses) to ensure that SUMMARY: We, the U.S. Fish and (Lednia tumana) and western glacier our determination is based on Wildlife Service (Service), determine stonefly (Zapada glacier) as threatened scientifically sound data, assumptions, threatened species status under the species to the List of Endangered and and analyses. As directed by the Endangered Species Act of 1973 (Act), Threatened Wildlife in title 50 of the Service’s Peer Review Policy dated July as amended, for the meltwater lednian Code of Federal Regulations at 50 CFR 1, 1994 (59 FR 34270) and a recent stonefly (Lednia tumana) and the 17.11(h) with a rule issued under memo updating the peer review policy western glacier stonefly (Zapada section 4(d) of the Act (hereafter for listing and recovery actions (August glacier), both aquatic species from referred to as a ‘‘4(d) rule’’) at 50 CFR 22, 2016), we invited these peer alpine streams and springs. Meltwater 17.47. reviewers to comment on our listing lednian stoneflies are found in Montana The basis for our action. Under the proposal. We also considered all and Canada, and western glacier Endangered Species Act, we can comments and information received stoneflies are found in Montana and determine that a species is an during two public comment periods. All Wyoming. The effect of this regulation endangered or threatened species based comments received during the peer will be to add these species to the List on any of five factors: (A) The present review process and the public comment of Endangered and Threatened Wildlife. or threatened destruction, modification, periods have either been incorporated We also finalize a rule under the or curtailment of its habitat or range; (B) throughout this rule or addressed in the authority of section 4(d) of the Act that Overutilization for commercial, Summary of Comments and provides measures that are necessary recreational, scientific, or educational Recommendations section. purposes; (C) Disease or predation; (D) and advisable to provide for the Previous Federal Action conservation of these species. We have The inadequacy of existing regulatory also determined that designation of mechanisms; or (E) Other natural or Please refer to the proposed listing critical habitat for these species is not manmade factors affecting its continued rule for the meltwater lednian stonefly prudent. existence. We have determined that and western glacier stonefly (81 FR habitat fragmentation and degradation 68379, October 4, 2016) for a detailed DATES: This rule becomes effective in the form of declining streamflows description of previous Federal actions December 23, 2019. and increasing water temperatures concerning these species prior to ADDRESSES: This final rule is available at resulting from climate change are October 4, 2016. In that proposed rule, http://www.regulations.gov in Docket currently affecting habitat for the we explained that we received new No. FWS–R6–ES–2016–0086 and at meltwater lednian stonefly and the information on the western glacier https://www.fws.gov/mountain-prairie/ western glacier stonefly (Factor A). stonefly in August 2016, indicating a es/meltwaterLednianStonefly.php and at Based on empirical evidence, most larger range than previously known. https://www.fws.gov/mountain-prairie/ glaciers supplying cold water to However, due to a settlement agreement es/westernGlacierStonefly.php on the meltwater lednian and western glacier deadline, we were unable to fully internet. Comments and materials we stonefly habitats in Glacier National incorporate and analyze the new received, as well as supporting Park (GNP) are projected to melt by information before publishing our documentation we used in preparing 2030. As a result, habitat with a high October 4, 2016, 12-month finding and this rule, are available for public probability of occupancy for the proposed listing rule. In March 2017, we inspection at http:// meltwater lednian stonefly is modeled received additional information www.regulations.gov. Comments, to decrease 81 percent by 2030 (separate from the information received materials, and documentation that we (Muhlfeld et al. 2011, p. 342). A in August 2016) on the western glacier considered in this rulemaking will be decrease in distribution of western stonefly, also indicating a larger range VerDate Sep<11>2014 15:55 Nov 20, 2019 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations 64211 than previously known. On October 31, preamble to our 2016 proposed rule, we Montana and southwest Alberta 2017, we reopened the comment period determined that a rule that included the (Giersch et al. 2017; p. 2582). on our proposed listing rule to allow the prohibitions set forth in 50 CFR 17.21 Specifically, meltwater lednian public to comment on both sets of new for endangered species would be stoneflies are known to occur in 113 information (82 FR 50360). Now that we necessary and advisable for the streams: 109 in Glacier National Park have had the opportunity to fully conservation of the meltwater lednian (GNP), 2 south of GNP on National consider this new information from stonefly and the western glacier Forest land, 1 south of GNP on tribal August 2016 and March 2017, we have stonefly. Consequently, we are land (Figure 1; Giersch et al. 2017; p. incorporated it into this final rule. promulgating a species-specific 4(d) rule 2582), and 1 north of GNP in Waterton Our October 4, 2016, proposed rule that outlines the protections that were Lakes National Park in Alberta, Canada included a determination that critical described in the 2016 proposed rule; see (Donald and Anderson 1977, p. 114; habitat for the meltwater lednian Provisions of the 4(d) Rule, below. Baumann and Kondratieff 2010, p. 315; stonefly and western glacier stonefly I. Final Listing Determination was prudent but not determinable at Giersch 2017, pers. comm.). In the that time (81 FR 68379). Since that time, Background proposed rule (81 FR 68379, October 4, 2016), we indicated meltwater lednian the Service finalized regulations related Both the meltwater lednian stonefly to listing species and designating stoneflies were known from historical (e.g., Baumann 1975, p. 18; Baumann et collections in Waterton Lakes National critical habitat (84 FR 45020, August 27, al. 1977, pp. 7, 34; Newell et al. 2008, 2019), which revised the regulations Park in Canada, but were not known to p. 181; Stark et al. 2009, entire) and that implement section 4 of the Act and be extant there. However, recent surveys western glacier stonefly (Baumann 1975, clarify circumstances in which critical conducted after the proposed rule was p. 30; Stark 1996, entire; Stark et al. habitat may be found not prudent. published have also documented the 2009, p. 8) are recognized as valid Regulations at 50 CFR 424.12(a)(1) species in the same watershed in species by the scientific community. provide the circumstances