80 FR 19953 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the West Coast Distinct Population Segment of Fisher
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 71 (April 14, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 71 (April 14, 2015)
| Page Range | 19953-19954 | |
| FR Document | 2015-08275 |
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)] [Proposed Rules] [Pages 19953-19954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08275] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R8-ES-2014-0041; 4500030113] RIN 1018-BA05 Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the West Coast Distinct Population Segment of Fisher AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the West Coast distinct population segment (DPS) of fisher (Pekania pennanti) as a threatened species. We also reopen the comment period on the proposed rule to list the species for an additional 30 days. We are taking this action based on substantial disagreement regarding available information related to toxicants and rodenticides (including law enforcement information and trend data) and related to surveyed versus unsurveyed areas (including data on negative survey results) to help assess distribution and population trends. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. We will submit a final listing determination to the Federal Register on or before April 7, 2016. DATES: We will accept comments received or postmarked on or before May 14, 2015. If you comment using the Federal eRulemaking Portal (see ADDRESSES), you must submit your comments by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number for this proposed rule, which is FWS-R8-ES-2014-0041. Then click on the Search button. You may submit a comment by clicking on ``Comment Now!'' Please ensure that you have found the correct rulemaking before submitting your comment. (2) U.S. mail or hand delivery: Public Comments Processing, Attn: Docket No. FWS-R8-ES-2014-0041; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803. FOR FURTHER INFORMATION CONTACT: Erin Williams, Field Supervisor, U.S. Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 South Oregon Street, Yreka, CA 96097; telephone 530-842-5763; facsimile 530- 842-4517. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877- 8339. SUPPLEMENTARY INFORMATION: Background On October 7, 2014, we published a proposed rule (79 FR 60419) to list the West Coast DPS of fisher as a threatened species under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). That proposal had a 90-day comment period, ending January 5, 2015. On December 23, 2014, we extended the proposal's comment period for an additional 30 days, ending February 4, 2015 (79 FR 76950). For a description of previous Federal actions concerning the West Coast DPS of fisher, please refer to the October 7, 2014, proposed listing rule (79 FR 60419). We also solicited and received independent scientific review of the information contained in the proposed rule from peer reviewers with expertise in the West Coast DPS of fisher or similar species biology, in accordance with our July 1, 1994, peer review policy (59 FR 34270). Section 4(b)(6) of the Act and its implementing regulations at 50 CFR 424.17(a) require that we take one of three actions within 1 year of a proposed listing and concurrent proposed designation of critical habitat: (1) Finalize the proposed rule; (2) withdraw the proposed rule; or (3) extend the final determination by not more than 6 months, if there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Since the publication of the October 7, 2014, proposed listing rule, there has been substantial disagreement regarding available information related to toxicants and rodenticides (including law enforcement information and trend data) and related to surveyed versus unsurveyed areas (including data on negative survey results) to help assess distribution and population trends. We find that there is substantial scientific uncertainty and disagreement about certain data relevant to our listing determination. Therefore, in consideration of these disagreements, we have determined that a 6-month extension of the final determination for this rulemaking is necessary, and we are hereby extending the final determination for 6 months in order to solicit and consider additional information that will help to clarify these issues and to fully analyze data that are relevant to our final listing determination. With this 6-month extension, we will make a final determination on the proposed rule no later than April 7, 2016. Information Requested We will accept written comments and information during this reopened comment period on our proposed listing for the West Coast DPS of fisher that was published in the Federal Register on October 7, 2014 (79 FR 60419). We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as accurate as possible and based on the best available scientific and commercial data. In consideration of the scientific disagreements about certain data, we are particularly interested in new information and comments regarding: (1) Information related to toxicants and rodenticides (including law enforcement information and trend data); (2) Information regarding areas that have been surveyed compared to areas that have not been surveyed. We are also interested in negative survey results to help assess distribution and population trends. If you previously submitted comments or information on the October 7, 2014, proposed rule, please do not resubmit them. We have incorporated previously submitted comments into the public record, and we will fully consider them in the preparation of our final determination. Our final determination concerning the proposed listing will take into consideration all written comments and any additional information we receive. You may submit your comments and materials concerning the proposed rule by one of the methods listed in the ADDRESSES section above. We request that you send comments only by the methods described in the ADDRESSES section. [[Page 19954]] If you submit information via http://www.regulations.gov, your entire submission--including any personal identifying information--will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Yreka Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2014-0041. Copies of the proposed rule are also available at http://www.fws.gov/cno/es/fisher/. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: March 26, 2015. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2015-08275 Filed 4-13-15; 8:45 am] BILLING CODE 4310-55-P
![Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 19953
* * * * * Search button. You may submit a negative survey results) to help assess
Dated: March 23, 2015. comment by clicking on ‘‘Comment distribution and population trends.
Michael Bean, Now!’’ Please ensure that you have We find that there is substantial
found the correct rulemaking before scientific uncertainty and disagreement
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks. submitting your comment. about certain data relevant to our listing
(2) U.S. mail or hand delivery: Public determination. Therefore, in
[FR Doc. 2015–08277 Filed 4–13–15; 8:45 am]
Comments Processing, Attn: Docket No. consideration of these disagreements,
BILLING CODE 4310–55–C
FWS–R8–ES–2014–0041; U.S. Fish and we have determined that a 6-month
Wildlife Service, MS: BPHC; 5275 extension of the final determination for
DEPARTMENT OF THE INTERIOR Leesburg Pike; Falls Church, VA 22041– this rulemaking is necessary, and we are
3803. hereby extending the final
Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Erin determination for 6 months in order to
Williams, Field Supervisor, U.S. Fish solicit and consider additional
50 CFR Part 17 and Wildlife Service, Yreka Fish and information that will help to clarify
Wildlife Office, 1829 South Oregon these issues and to fully analyze data
[Docket No. FWS–R8–ES–2014–0041;
Street, Yreka, CA 96097; telephone 530– that are relevant to our final listing
4500030113]
842–5763; facsimile 530–842–4517. determination. With this 6-month
RIN 1018–BA05 Persons who use a telecommunications extension, we will make a final
device for the deaf (TDD) may call the determination on the proposed rule no
Endangered and Threatened Wildlife Federal Information Relay Service later than April 7, 2016.
and Plants; 6-Month Extension of Final (FIRS) at 800–877–8339.
Determination on the Proposed Information Requested
SUPPLEMENTARY INFORMATION:
Threatened Status for the West Coast We will accept written comments and
Distinct Population Segment of Fisher Background information during this reopened
AGENCY: Fish and Wildlife Service, On October 7, 2014, we published a comment period on our proposed listing
Interior. proposed rule (79 FR 60419) to list the for the West Coast DPS of fisher that
ACTION: Proposed rule; reopening of the West Coast DPS of fisher as a threatened was published in the Federal Register
comment period. species under the Endangered Species on October 7, 2014 (79 FR 60419). We
Act of 1973, as amended (Act; 16 U.S.C. will consider information and
SUMMARY: We, the U.S. Fish and 1531 et seq.). That proposal had a 90- recommendations from all interested
Wildlife Service (Service), announce a day comment period, ending January 5, parties. We intend that any final action
6-month extension of the final 2015. On December 23, 2014, we resulting from the proposal be as
determination of whether to list the extended the proposal’s comment accurate as possible and based on the
West Coast distinct population segment period for an additional 30 days, ending best available scientific and commercial
(DPS) of fisher (Pekania pennanti) as a February 4, 2015 (79 FR 76950). For a data.
threatened species. We also reopen the description of previous Federal actions In consideration of the scientific
comment period on the proposed rule to concerning the West Coast DPS of disagreements about certain data, we are
list the species for an additional 30 fisher, please refer to the October 7, particularly interested in new
days. We are taking this action based on 2014, proposed listing rule (79 FR information and comments regarding:
substantial disagreement regarding 60419). We also solicited and received (1) Information related to toxicants
available information related to independent scientific review of the and rodenticides (including law
toxicants and rodenticides (including information contained in the proposed enforcement information and trend
law enforcement information and trend rule from peer reviewers with expertise data);
data) and related to surveyed versus in the West Coast DPS of fisher or (2) Information regarding areas that
unsurveyed areas (including data on similar species biology, in accordance have been surveyed compared to areas
negative survey results) to help assess with our July 1, 1994, peer review that have not been surveyed. We are
distribution and population trends. policy (59 FR 34270). also interested in negative survey results
Comments previously submitted need Section 4(b)(6) of the Act and its to help assess distribution and
not be resubmitted as they are already implementing regulations at 50 CFR population trends.
incorporated into the public record and 424.17(a) require that we take one of If you previously submitted
will be fully considered in the final rule. three actions within 1 year of a comments or information on the
We will submit a final listing proposed listing and concurrent October 7, 2014, proposed rule, please
determination to the Federal Register proposed designation of critical habitat: do not resubmit them. We have
on or before April 7, 2016. (1) Finalize the proposed rule; (2) incorporated previously submitted
DATES: We will accept comments withdraw the proposed rule; or (3) comments into the public record, and
received or postmarked on or before extend the final determination by not we will fully consider them in the
May 14, 2015. If you comment using the more than 6 months, if there is preparation of our final determination.
Federal eRulemaking Portal (see substantial disagreement regarding the Our final determination concerning the
ADDRESSES), you must submit your sufficiency or accuracy of the available proposed listing will take into
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
comments by 11:59 p.m. Eastern Time data relevant to the determination. consideration all written comments and
on the closing date. Since the publication of the October any additional information we receive.
ADDRESSES: You may submit comments 7, 2014, proposed listing rule, there has You may submit your comments and
by one of the following methods: been substantial disagreement regarding materials concerning the proposed rule
(1) Federal eRulemaking Portal: available information related to by one of the methods listed in the
http://www.regulations.gov. In the toxicants and rodenticides (including ADDRESSES section above. We request
Search box, enter the docket number for law enforcement information and trend that you send comments only by the
this proposed rule, which is FWS–R8– data) and related to surveyed versus methods described in the ADDRESSES
ES–2014–0041. Then click on the unsurveyed areas (including data on section.
VerDate Sep<11>2014 17:05 Apr 13, 2015 Jkt 235001 PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 E:\FR\FM\14APP1.SGM 14APP1](https://thefederalregister.org/doc/80_FR_20024/page/1.svg)
![19954 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules
If you submit information via http:// Comments and materials we receive, proposed rule are also available at
www.regulations.gov, your entire as well as supporting documentation we http://www.fws.gov/cno/es/fisher/.
submission—including any personal used in preparing the proposed rule, Authority
identifying information—will be posted will be available for public inspection
on the Web site. If your submission is on http://www.regulations.gov, or by The authority for this action is the
made via a hardcopy that includes appointment, during normal business Endangered Species Act of 1973, as
personal identifying information, you hours, at the U.S. Fish and Wildlife amended (16 U.S.C. 1531 et seq.).
may request at the top of your document Service, Yreka Fish and Wildlife Office Dated: March 26, 2015.
that we withhold this information from (see FOR FURTHER INFORMATION CONTACT). James W. Kurth,
public review. However, we cannot You may obtain copies of the proposed Acting Director, U.S. Fish and Wildlife
guarantee that we will be able to do so. rule on the Internet at http:// Service.
We will post all hardcopy submissions www.regulations.gov at Docket No. [FR Doc. 2015–08275 Filed 4–13–15; 8:45 am]
on http://www.regulations.gov. FWS–R8–ES–2014–0041. Copies of the BILLING CODE 4310–55–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 17:05 Apr 13, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4702 Sfmt 9990 E:\FR\FM\14APP1.SGM 14APP1](https://thefederalregister.org/doc/80_FR_20024/page/2.svg)
Document Created: 2015-12-18 11:10:11
Document Modified: 2015-12-18 11:10:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of the comment period. | |
| Dates | We will accept comments received or postmarked on or before May 14, 2015. If you comment using the Federal eRulemaking Portal (see | |
| Contact | Erin Williams, Field Supervisor, U.S. Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 South Oregon Street, Yreka, CA 96097; telephone 530-842-5763; facsimile 530- 842-4517. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877- 8339. | |
| FR Citation | 80 FR 19953 | |
| RIN Number | 1018-BA05 |
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