Vol. 76 Tuesday, No. 50 March 15, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing and Designation of Critical Habitat for the Chiricahua Leopard Frog; Proposed Rule VerDate Mar<15>2010 17:55 Mar 14, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15MRP2.SGM 15MRP2 mstockstill on DSKH9S0YB1PROD with PROPOSALS2 14126 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: accurate and as effective as possible. Steve Spangle, Field Supervisor, U.S. Therefore, we request comments or Fish and Wildlife Service Fish and Wildlife Service, Arizona information from other concerned Ecological Services Field Office, 2321 governmental agencies, tribes, the 50 CFR Part 17 West Royal Palm Road, Suite 103, scientific community, industry, or other [Docket No. FWS–R2–ES–2010–0085; MO Phoenix, AZ 85021; telephone: 602/ interested parties concerning this 92210–0–0009–B4] 242–0210; facsimile: 602/242–2513. If proposed rule. We particularly seek you use a telecommunications device comments concerning: RIN 1018–AX12 for the deaf (TDD), call the Federal (1) Information about the status of the Information Relay Service (FIRS) at species, especially the Ramsey Canyon Endangered and Threatened Wildlife 800–877–8339. portion of the range, including: and Plants; Listing and Designation of SUPPLEMENTARY INFORMATION: Due to a (a) Genetics and taxonomy; Critical Habitat for the Chiricahua (b) Historical and current range, Leopard Frog taxonomic revision of the Chiricahua leopard frog, we must reassess the status including distribution patterns; AGENCY: Fish and Wildlife Service, of and threats to the currently described (c) Historical and current population Interior. Lithobates chiricahuensis. Therefore, levels, and current and projected trends; and ACTION: Proposed rule. this document consists of: (1) A proposed rule to list the Chiricahua (d) Past and ongoing conservation SUMMARY: We, the U.S. Fish and leopard frog (Lithobates chiricahuensis) measures for the species, its habitat, or Wildlife Service (Service), propose to as threatened; and (2) a proposed rule to both. designate critical habitat for the designate critical habitat for the (2) The factors that are the basis for Chiricahua leopard frog (Lithobates Chiricahua leopard frog. making a listing determination for a chiricahuensis) under the Endangered species under section 4(a) of the Act, Previous Federal Actions Species Act of 1973, as amended. In which are: total, we are proposing to designate We published a proposed rule to list (a) The present or threatened approximately 11,136 acres (4,510 the Chiricahua leopard frog as destruction, modification, or hectares) as critical habitat for the threatened in the Federal Register on curtailment of its habitat or range; Chiricahua leopard frog. The proposed June 14, 2000 (65 FR 37343). We (b) Overutilization for commercial, critical habitat is located in Apache, published a final rule listing the species recreational, scientific, or educational Cochise, Gila, Graham, Greenlee, Pima, as threatened on June 13, 2002 (67 FR purposes; Santa Cruz, and Yavapai Counties, 40790). Included in the final rule was a (c) Disease or predation; Arizona; and Catron, Hidalgo, Grant, special rule (see 50 CFR 17.43(b)) to (d) The inadequacy of existing Sierra, and Socorro Counties, New exempt operation and maintenance of regulatory mechanisms; or Mexico. In addition, because of a livestock tanks on non-Federal lands (e) Other natural or manmade factors taxonomic revision of the Chiricahua from the section 9 take prohibitions of affecting its continued existence. leopard frog, we are reassessing the the Endangered Species Act of 1973, as (3) Biological, commercial trade, or status of and threats to the currently amended (16 U.S.C. 1531 et seq.). For other relevant data concerning any described species Lithobates further information on actions threats (or lack thereof) to Chiricahua chiricahuensis and proposing the listing associated with listing the species, leopard frog and regulations that may be as threatened of the currently described please see the final listing rule (67 FR addressing those threats. (4) Additional information concerning species. 40790; June 13, 2002). In a May 6, 2009, order from the the range, distribution, and population DATES: We will consider comments Arizona District Court, the Secretary of size of Chiricahua leopard frog, received or postmarked on or before the Interior was required to publish a including the locations of any May 16, 2011. We must receive requests critical habitat prudency determination additional populations. for public hearings, in writing, at the for the Chiricahua leopard frog and, if (5) Any information on the biological address shown in the FOR FURTHER found prudent, a proposed rule to or ecological requirements of Chiricahua INFORMATION CONTACT section by April designate critical habitat by December 8, leopard frog. 29, 2011. 2010. Because of unforeseen delays (6) The reasons why we should or ADDRESSES: You may submit comments related to species taxonomic issues, should not designate habitat as ‘‘critical by one of the following methods: which required an inclusion of a threats habitat’’ under section 4 of the Act, • Federal eRulemaking Portal: http:// analysis, we requested a 3-month including whether there are threats to www.regulations.gov. Follow the extension to the court-ordered deadlines the species from human activities, how instructions for submitting comments for both the proposed and final rules. the designation may ameliorate or on Docket No. FWS–R2–ES–2010–0085. On November 24, 2010, the extension worsen those threats, and if any • U.S. mail or hand-delivery: Public was granted and new deadlines of potential increase in threats outweighs Comments Processing, Attn: Docket No. March 8, 2011, for the proposed rule the benefits of designation such that the FWS–R2–ES–2010–0085; Division of and March 8, 2012, for the final rule designation of critical habitat may not Policy and Directives Management; U.S. were established for completing and be prudent. Fish and Wildlife Service; 4401 N. submitting the critical habitat rules to (7) Specific information on: Fairfax Drive, Suite 222; Arlington, VA the Federal Register. This proposed rule • The amount and distribution of the 22203. is published in accordance with the Chiricahua leopard frog’s habitat; We will not accept e-mail or faxes. We Arizona District Court’s ruling. • What areas occupied at the time of will post all comments on the Internet listing and that contain features at http://www.regulations.gov. This Public Comments essential to the conservation of the generally means that we will post any We intend that any final action species should be included in the personal information you provide us resulting from this proposed rule will be designation, and why; (see the Public Comments section below based on the best scientific and • Special management considerations for more information). commercial data available and be as or protections that the physical and VerDate Mar<15>2010 17:55 Mar 14, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15MRP2.SGM 15MRP2 mstockstill on DSKH9S0YB1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 14127 biological features essential to the draft economic analysis and draft showed no evidence that Ramsey conservation of the Chiricahua leopard environmental assessment. Canyon leopard frog was a separate frog that have been identified in this Comments and materials we receive, species from the Chiricahua leopard frog proposal may require, including as well as supporting documentation we (Goldberg et al. 2004, p. 315). The managing for the potential effects of used in preparing this proposed rule, Society for the Study of Amphibians climate change; and will be available for public inspection and Reptiles later adopted these leopard • What areas not occupied at the time on the Internet at http:// frogs as the same species, L. of listing are essential for the www.regulations.gov, at Docket No. chiricahuensis (Crother 2008, p. 7). conservation of the species, and why. FWS–R2–ES–2010–0085, or by Therefore, we no longer recognize the (8) Land-use designations and current appointment, during normal business Ramsey Canyon leopard frog (L. or planned activities in the subject areas hours, at the U.S. Fish and Wildlife subaquavocalis) as a distinct species and their possible impacts on proposed Service, Arizona Ecological Services and consider it to be synonymous with critical habitat. Field Office, 2321 West Royal Palm the Chiricahua leopard frog (L. (9) Any probable economic, national Road, Suite 103, Phoenix, AZ 85021. chiricahuensis). In this proposed rule, security, or other relevant impacts of we present our analysis of the threats to designating as critical habitat any area Proposed Threatened Status for the Chiricahua Leopard Frog the species given this taxonomic that may be included in the final revision to determine if it is appropriate designation. We are particularly Background to list the Chiricahua leopard frog as interested in any impacts on small Due to a taxonomic revision of the threatened throughout its range (see entities or families, and the benefits of Chiricahua leopard frog, we must Summary of Factors Affecting the including or excluding areas that exhibit reassess the status of and threats to the Species below). these impacts. currently described species. It is our Northern populations of the (10) Whether we could improve or intent to discuss below only those Chiricahua leopard frog in the Mogollon modify our approach to designating topics directly relevant to the listing of Rim region of east-central Arizona east critical habitat in any way to provide for the Chiricahua leopard frog as to the eastern bajada of the Black Range greater public participation and threatened in this section of the in New Mexico are physically separated understanding, or to better proposed rule.