Vol. 77 Tuesday, No. 113 June 12, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Dusky Gopher Frog (Previously Mississippi Gopher Frog); Final Rule and Proposed Rule VerDate Mar<15>2010 17:56 Jun 11, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12JNR2.SGM 12JNR2 srobinson on DSK4SPTVN1PROD with RULES2 35118 Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR issue a rule to designate critical habitat. Taxonomy and Nomenclature Designation of critical habitat for the Subsequent to the listing of the dusky Fish and Wildlife Service dusky gopher frog was found to be gopher frog (=Mississippi gopher frog), prudent and a proposed rule to taxonomic research was completed that 50 CFR Part 17 designate critical habitat was published indicated that the entity (which we [Docket No. FWS–R4–ES–2010–0024; on June 3, 2010. We subsequently listed as a DPS of the dusky gopher frog 4500030114] reproposed critical habitat on (Rana capito [sic] sevosa)) is different September 27, 2011, and announced the RIN 1018–AW89 from other gopher frogs and warrants availability of an economic analysis. acceptance as its own species (Young Endangered and Threatened Wildlife Pursuant to a court-approved settlement and Crother 2001, pp. 382–388). The and Plants; Designation of Critical agreement, we must deliver to the herpetological scientific community Habitat for Dusky Gopher Frog Federal Register our final designation of accepted this taxonomic change and the (Previously Mississippi Gopher Frog) critical habitat for the dusky gopher frog scientific name for the species was on or before May 30, 2012. This action changed to Rana sevosa. In addition, all AGENCY: Fish and Wildlife Service, fulfills our obligations under the Act comments on taxonomy that we Interior. and the settlement agreement. received during the comment periods ACTION: Final rule. This rule designates critical habitat for the revised critical habitat proposal were in agreement that the frog warrants SUMMARY: We, the U.S. Fish and for the dusky gopher frog. Wildlife Service, designate critical • Approximately 625 hectares (1,544 acceptance as its own species. Therefore, listing as a DPS is no longer habitat for the dusky gopher frog under acres) are designated as critical habitat appropriate. The taxonomic change the Endangered Species Act. In previous in St. Tammany Parish, Louisiana. publications, we used the common meant that a change in the common • Approximately 1,996 hectares name from Mississippi gopher frog to name ‘‘Mississippi gopher frog’’ for this (4,933 acres) are designated as critical species. We are taking this action to dusky gopher frog was appropriate habitat in Forrest, Harrison, Jackson, (Crother et al. 2003, p. 197). Most fulfill our obligations under the Act. and Perry Counties, Mississippi. Land in St. Tammany Parish, Louisiana, comments we received on this subject • and Forrest, Harrison, Jackson, and In total, approximately 2,621 indicated that we should change the Perry Counties, Mississippi, is being hectares (ha) (6,477 acres (ac)) are common name to dusky gopher frog designated under a court approved designated as critical habitat for the from Mississippi gopher frog. Therefore, settlement agreement to finalize critical dusky gopher frog. although in the revised proposed critical habitat rule (76 FR 59774) we stated that habitat for the species. The effect of this Peer reviewers support our methods. we would continue to use the common regulation is to conserve the habitat We solicited expert opinions from seven name ‘‘Mississippi gopher frog’’ we now upon which dusky gopher frog depends. knowledgeable individuals with believe the common name dusky gopher scientific expertise that included DATES: This rule becomes effective on frog should be used to describe the familiarity with the species, the July 12, 2012. listed species rather than Mississippi geographic region in which the species ADDRESSES: This final rule and the gopher frog and, in this rule, we use the occurs, and conservation biology associated final economic analysis are common name ‘‘dusky gopher frog’’ for principles. We received responses from available on the Internet at http:// this species. www.regulations.gov. Comments and six of the peer reviewers. The peer We received other comments on materials received, as well as supporting reviewers generally concurred with our changes that have been proposed in the documentation used in preparing this methods and conclusions, and provided scientific literature regarding removing final rule, are available for public additional information, clarifications, the genus name Rana from a group of inspection, by appointment, during and suggestions to improve the final North American frogs and replacing it normal business hours, at the U.S. Fish critical habitat rule. with the genus Lithobates (see Crother and Wildlife Service, Mississippi Background 2008, p. 7). There is still reluctance by Ecological Services Field Office, 6578 some in the scientific community to Dogwood View Parkway, Jackson, MS It is our intent to discuss in this final accept this change (Hillis 2007, p. 331; 39213; telephone: 601–321–1122; rule only those topics directly relevant Pauly et al. 2009, p. 115; Wiens et al. facsimile: 601–965–4340. to the development and designation of 2009, p. 1220). Until there is a clear FOR FURTHER INFORMATION CONTACT: critical habitat for the dusky gopher frog consensus within the scientific Stephen Ricks, Field Supervisor, U.S. under the Endangered Species Act of community, we will continue to use the Fish and Wildlife Service, Mississippi 1973, as amended (Act; 16 U.S.C. 1531 scientific name of Rana sevosa for the Ecological Services Field Office, 6578 et seq.). For more information on the dusky gopher frog. Dogwood View Parkway, Jackson, MS biology and ecology of the dusky gopher 39213; telephone: 601–321–1122; frog, refer to the final listing rule Previous Federal Actions facsimile: 601–965–4340. If you use a published in the Federal Register on The dusky gopher frog was listed as telecommunications device for the deaf December 4, 2001 (66 FR 62993). For an endangered species under the Act on (TDD), call the Federal Information additional information on dusky gopher December 4, 2001 (66 FR 62993). The Relay Service (FIRS) at 800–877–8339. frog critical habitat, refer to the revised species was at that time identified as the SUPPLEMENTARY INFORMATION: proposed rule to designate critical Mississippi gopher frog, Rana capito habitat for the dusky gopher frog sevosa, a distinct population segment of Executive Summary published in the Federal Register on the dusky gopher frog (Rana capito) (see Why we need to publish a rule. Under September 27, 2011 (76 FR 59774) and Taxonomy and Nomenclature the Endangered Species Act, we are the announcement of the public hearing discussion above). At the time of listing, required to designate critical habitat for for the revised proposed rule published the Service found that designation of any endangered or threatened species if in the Federal Register on January 17, critical habitat was prudent. However, prudent and determinable and we must 2012 (77 FR 2254). the development of a designation was VerDate Mar<15>2010 17:56 Jun 11, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 35119 deferred due to budgetary and workload of the availability of the associated draft common name of the listed entity from constraints. economic analysis (76 FR 59774), Mississippi gopher frog to dusky gopher On November 27, 2007, the Center for opened on September 27, 2011 and frog. Two of the peer reviewers Biological Diversity and Friends of closed on November 28, 2011. The suggested changing the scientific name Mississippi Public Lands (plaintiffs) second comment period, associated of Rana sevosa to Lithobates sevosus filed a lawsuit against the Service and with a public hearing held on January based on recent publications in the the Secretary of the Interior for our 31, 2012, in Gulfport, Mississippi, scientific literature. However, one of failure to timely designate critical opened on January 17, 2012 and closed these peer reviewers stated that habitat for the dusky gopher frog on March 2, 2012. We also contacted although the four major herpetological (Friends of Mississippi Public Lands and appropriate Federal, State, and local societies require authors submitting Center for Biological Diversity v. agencies; scientific organizations; and papers to their publications to use the Kempthorne (07–CV–02073)). In a court- other interested parties, and invited standard English names of Crother approved settlement, the Service agreed them to comment on the revised (2008, p. 8) [=dusky gopher frog], to submit to the Federal Register a new proposed rule and draft economic authors may use their discretion on the prudency determination, and if the analysis during these comment periods. scientific name used (within scientific designation was found to be prudent, a During the first comment period, we reason and with citation when needed). proposed designation of critical habitat received 46 comment letters directly Our Response: See ‘‘Taxonomy and by May 30, 2010, and a final designation addressing the revised critical habitat Nomenclature’’ above. The Service is by May 30, 2011. Designation of critical designation or the draft economic changing the name of the listed entity to habitat for the dusky gopher frog was analysis. During the second comment Rana sevosa, the dusky gopher frog. again found to be prudent, and a period, we received 57 comment letters However, because disagreement exists proposed rule to designate critical directly addressing the revised proposed in the scientific community regarding habitat for the dusky gopher frog was critical habitat designation or the draft the taxonomic support for replacing published on June 3, 2010 (75 FR economic analysis.