Vol. 79 Thursday, No. 69 April 10, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Lesser Prairie-Chicken; Final Rule VerDate Mar<15>2010 19:10 Apr 09, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10APR2.SGM 10APR2 tkelley on DSK3SPTVN1PROD with RULES2 19974 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary additional information, clarifications, This document consists of: (1) A final and suggestions to improve this final Fish and Wildlife Service rule to list the lesser prairie-chicken as listing rule. We sought public comment on the a threatened species; and (2) a finding 50 CFR Part 17 proposed listing rule and the proposed that critical habitat is prudent but not special rule under section 4(d) of the determinable at this time. [Docket No. FWS–R2–ES–2012–0071; Act. During the first comment period, 4500030113] Why we need to publish a rule. Under the Endangered Species Act (Act), a we received 879 comment letters directly addressing the proposed listing RIN 1018–AY21 species may warrant protection through and critical habitat designation. During listing if it is an endangered or Endangered and Threatened Wildlife the second comment period, we threatened species throughout all or a and Plants; Determination of received 56,344 comment letters significant portion of its range. The Act Threatened Status for the Lesser addressing the proposed listing rule, sets forth procedures for adding species Prairie-Chicken proposed special rule, and related to, removing species from or rangewide conservation plan. During reclassifying species on the Federal AGENCY: Fish and Wildlife Service, the third comment period, we received Lists of Endangered and Threatened Interior. 12 comments regarding the proposed Wildlife and Plants. In this final rule, ACTION: Final rule. listing. During the fourth comment we explain why the lesser prairie- period, we received 74 comments, SUMMARY: We, the U.S. Fish and chicken warrants protection under the primarily related to the proposed Wildlife Service, determine threatened Act. This rule lists the lesser prairie- revised special rule. species status for the lesser prairie- chicken as a threatened species chicken (Tympanuchus pallidicinctus), throughout its range. Previous Federal Actions a grassland bird known from The Act provides the basis for our In 1973, the Service’s Office of southeastern Colorado, western Kansas, action. Under the Act, we can determine Endangered Species published a list of eastern New Mexico, western that a species is an endangered or threatened wildlife of the United States Oklahoma, and the Texas Panhandle, threatened species based on any of five in Resource Publication 114, often under the Endangered Species Act of factors: (A) The present or threatened referred to as the ‘‘Red Book.’’ While 1973, as amended (Act). This final rule destruction, modification, or this publication did not, by itself, implements the Federal protections curtailment of its habitat or range; (B) provide any special protections, the provided by the Act for the lesser overutilization for commercial, publication served, in part, to solicit prairie-chicken. Critical habitat is recreational, scientific, or educational additional information regarding the prudent but not determinable at this purposes; (C) disease or predation; (D) status of the identified taxa. The lesser time. Elsewhere in this issue of the the inadequacy of existing regulatory prairie-chicken was one of 70 birds Federal Register, we published a final mechanisms; or (E) other natural or included in this publication (Service special rule under section 4(d) of the manmade factors affecting its continued 1973, pp. 134–135), but little Federal Act for the lesser prairie-chicken. existence. The primary factors regulatory action occurred on the lesser DATES: This rule is effective on May 12, supporting the determination of prairie-chicken until 1995. 2014. threatened status for the lesser prairie- On October 6, 1995, we received a chicken are the ongoing and probable petition, dated October 5, 1995, from the ADDRESSES: Document availability: You future impacts of cumulative habitat Biodiversity Legal Foundation, Boulder, may obtain copies of this final rule on loss and fragmentation. These impacts Colorado, and Marie E. Morrissey the Internet at http:// are the result of: Conversion of (petitioners). The petitioners requested www.regulations.gov at Docket No. grasslands to agricultural uses; that we list the lesser prairie-chicken as FWS–R2–ES–2012–0071 or by mail encroachment by invasive, woody threatened throughout its known from the Oklahoma Ecological Services plants; wind energy development; historical range in the United States. FOR FURTHER Field Office (see petroleum production; and presence of The petitioners defined the historical INFORMATION CONTACT below). Comments roads and manmade vertical structures range to encompass west-central Texas and materials received, as well as including towers, utility lines, fences, north through eastern New Mexico and supporting documentation used in turbines, wells, and buildings. western Oklahoma to southeastern preparing this final rule, are available We requested peer review of the Colorado and western Kansas, and they for public inspection, by appointment, methods used in making our final stated that there may have been small during normal business hours at: U.S. determination. We obtained opinions populations in northeastern Colorado Fish and Wildlife Service, Oklahoma from knowledgeable individuals having and northwestern Nebraska. The Ecological Services Field Office, 9014 scientific expertise in this species or petitioners also requested that critical East 21st Street, Tulsa, OK 74129; related fields (such as range and fire habitat be designated as soon as the telephone 918–581–7458; facsimile ecology, shrub management and grouse needs of the species are sufficiently well 918–581–7467. management) and solicited review of the known. However, from October 1995 FOR FURTHER INFORMATION CONTACT: scientific information and methods that through April 1996, we were under a Alisa Shull, Acting Field Supervisor, we used in developing the proposal. We moratorium on listing actions as a result Oklahoma Ecological Services Field obtained opinions from two of Public Law 104–6, which, along with Office, 9014 East 21st Street, Tulsa, OK knowledgeable individuals with a series of continuing budget 74129; by telephone 918–581–7458 or scientific expertise to review our resolutions, eliminated or severely by facsimile 918–581–7467. Persons technical assumptions, analysis, reduced our listing budget through who use a telecommunications device adherence to regulations, and whether April 1996. We were unable to act on for the deaf (TDD) may call the Federal we had used the best available the petition during that period. On July Information Relay Service (FIRS) at information. These peer reviewers 8, 1997 (62 FR 36482), we announced 800–877–8339. generally concurred with our methods our 90-day finding that the petition SUPPLEMENTARY INFORMATION: and conclusions and provided presented substantial information VerDate Mar<15>2010 19:10 Apr 09, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10APR2.SGM 10APR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 19975 indicating that the petitioned action range of the lesser prairie-chicken. Our seq.). Publication of the proposed rule may be warranted. In that notice, we June 9, 1998, 12-month finding (63 FR opened a 90-day comment period that requested additional information on the 31400) did not recognize wind energy closed on March 11, 2013. We held a status, trend, distribution, and habitat and transmission line development as a public meeting and hearing in requirements of the species for use in threat because such development within Woodward, Oklahoma, on February 5, conducting a status review. We the known range was almost 2013; in Garden City, Kansas, on requested that information be submitted nonexistent at that time. Changes in the February 7, 2013; in Lubbock, Texas, on to us by September 8, 1997. In response magnitude of other threats, such as February 11, 2013; and in Roswell, New to a request by the Lesser Prairie- conversion of certain Conservation Mexico, on February 12, 2013. Chicken Interstate Working Group dated Reserve Program (CRP) lands from On May 6, 2013, we announced the September 3, 1997, we reopened the native grass cover to cropland or other publication of a proposed special rule comment period for an additional 30 less ecologically valuable habitat and under the authority of section 4(d) of the days, beginning on November 3, 1997 observed increases in oil and gas Act. At this time, we reopened the (62 FR 59334). We subsequently development, also were important comment period on the proposed listing published our 12-month finding for the considerations in our decision to change rule (77 FR 73828) to provide an lesser prairie-chicken on June 9, 1998 the LPN. The immediacy of the threats opportunity for the public to (63 FR 31400), concluding that the to the species did not change and simultaneously provide comments on petitioned action was warranted but continued to be high. Our November 9, the proposed listing rule, the proposed precluded