83 FR 11162 - Endangered and Threatened Wildlife and Plants; Removing the Black-Capped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring Plan
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 50 (March 14, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 50 (March 14, 2018)
| Page Range | 11162-11164 | |
| FR Document | 2018-05146 |
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)] [Proposed Rules] [Pages 11162-11164] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05146] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R2-ES-2016-0110; FXES11130900000 178 FF09E42000] RIN 1018-BB79 Endangered and Threatened Wildlife and Plants; Removing the Black-Capped Vireo From the Federal List of Endangered and Threatened Wildlife; Availability of Post-Delisting Monitoring Plan AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; availability of supplemental information. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the [[Page 11163]] availability of our draft post-delisting monitoring (PDM) plan for the black-capped vireo (Vireo atricapilla). The draft PDM plan describes the methods we propose to monitor the status of the vireo and its habitat, in cooperation with the States of Texas and Oklahoma and other conservation partners, for a 12-year period if we remove this species from the Federal List of Endangered and Threatened Wildlife. The draft PDM plan also provides a strategy for identifying and responding to any future population declines or habitat loss. We are accepting comments on the draft PDM plan. DATES: We will accept comments on the draft PDM plan for black-capped vireo until April 13, 2018. ADDRESSES: Document availability: The draft PDM plan is available for review on the internet at www.regulations.gov in Docket No. FWS-R2-ES- 2016-0110 and at http://endangered.fws.gov and https://www.fws.gov/southwest/es/ArlingtonTexas/. To request a copy of the draft PDM plan, contact us at U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office, 2005 NE Green Oaks Blvd., Suite 140, Arlington, TX 76006; telephone 817-277-1100; facsimile 817-277-1129; [email protected]. Supporting documentation we used in preparing the draft PDM plan is available for public inspection, by appointment, during normal business hours, at the above office. Comment submission: You may submit comments on the draft PDM plan by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0110, which is the docket number for this rulemaking. Then, click on the Search button. You may submit a comment by clicking on ``Comment Now!'' (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R2-ES-2016-0110, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Debra Bills, U.S. Fish and Wildlife Service, Arlington Ecological Services Field Office (see ADDRESSES). If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800/877-8339. SUPPLEMENTARY INFORMATION: Background The black-capped vireo is an insectivorous songbird that breeds in Oklahoma, Texas, and northern Mexico, and winters along the western coastal states of Mexico. The vireo was listed as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), in 1987, due primarily to nest parasitism by brown-headed cowbirds (Molothrus ater) and loss of habitat from urbanization, grazing, removal of vegetation for range improvement, and succession (52 FR 37420, October 6, 1987). On December 15, 2016, we published a proposed rule to remove the black-capped vireo from the Federal List of Endangered and Threatened Wildlife (List) (81 FR 90762). Our proposed rule was based largely on the Species Status Assessment (SSA) Report, which characterized the overall species' viability in the future. In the SSA Report, the impact of brown-headed cowbird parasitism on certain locations was expressed in terms of sustainability and expansion of populations. Additionally, the black-capped vireo was identified as ``conservation-reliant'' due to successful recovery actions being implemented, largely cowbird management. In this document, we provide clarification to the information regarding cowbird management. The Service believes cowbird management was a major factor leading to the recovery of the species, and the importance of cowbird management was discussed in the SSA Report. Particularly, the black- capped vireo population in Oklahoma and localities in the eastern portion of the Texas range may be reliant on cowbird management periodically, or perpetually, to ensure minimal losses of current population numbers. In this regard, we assume the species may be ``conservation reliant,'' due to efforts necessary to retain healthy shrublands and reduce brown-headed cowbird parasitism under certain conditions in portions of the range. Based on the comprehensive information collected for the SSA Report, there is inherent uncertainty in forecasting future threats and population status scenarios over a 50-year timeframe. To address this uncertainty and ensure that the black-capped vireo continues to prosper, the SSA Report noted the importance of continued management of known populations of the species. To further this recommendation, the Service has obtained mutual commitments with many of our partners in the form of cooperative management agreements or other strategies to continue to manage known populations of the black-capped vireo and implement the PDM plan. These cooperative management agreements are included in the PDM plan, and provide assurances that PDM will detect trends in the black-capped vireo status and threats and the species' biological status will continue to improve. In addition, we have corrected errors in Table 14 of the SSA Report (page 105). This table presented the results of forecast scenarios under short- and long-term managed and unmanaged conditions from Table 13, which is correct. Among the corrections to Table 14 was the shifting of one ``likely resilient locality'' in the short-term worst- case scenario between recovery units, and identifying one less ``manageable locality'' in the long-term worst-case scenario. These corrections do not change the results of the SSA analysis. The SSA with the corrected table is included in the docket (FWS-R2-ES-2016-0110) for the proposed rule on www.regulations.gov and can also be accessed at https://www.fws.gov/southwest/es/ArlingtonTexas/. For more background information on the black-capped vireo, refer to our Black-capped Vireo Species Status Assessment (SSA) Report available in the docket (FWS-R2-ES-2016-0110) for the proposed rule on www.regulations.gov and also at https://www.fws.gov/southwest/es/ArlingtonTexas/. The Act, section 4(g)(1), requires us to implement a system, in cooperation with the States, to effectively monitor the status of each species we remove from the Federal Lists of Endangered and Threatened Wildlife and Plants due to recovery. The monitoring must occur for at least 5 years. The PDM's purpose is to verify that a species we delist due to recovery remains secure from risk of extinction after we remove the Act's protections. To fulfill the PDM requirement, we drafted a black-capped vireo monitoring plan in cooperation with the Texas Parks and Wildlife Department, Oklahoma Department of Wildlife Conservation, Fort Hood and Fort Sill Military Installations, and The Nature Conservancy of Texas. Over a 12-year period, we propose to monitor abundance trends at managed localities with known populations of greater than 30 adult male vireos, estimate population trends at 4 major localities, and monitor the residual threats of brown-headed cowbird parasitism, land [[Page 11164]] use changes, and densities of livestock and deer. Abundance monitoring would focus on known black-capped vireo localities under some form of management and for which the SSA Report forecasted future persistence. Through monitoring these localities, we can track abundance trends and compare those to the SSA Report forecasts. Additionally, four major localities with several years of population trend data will continue to be monitored to detect changes in trends over the 12-year period. In conjunction with abundance monitoring, a subset of vireo nests will be monitored to determine brown-headed cowbird parasitism rates at these localities. The PDM plan defines monitoring thresholds which, if reached, may result in additional actions. The monitoring thresholds are based on maintaining resiliency, redundancy, and representation, as described in the black- capped vireo SSA Report. Land use trends, livestock, and deer within the vireo's range will also be monitored to ensure we detect changes that may affect the species. The draft PDM plan includes both interim and final reporting requirements. If PDM results in a concern regarding the vireo's status or increasing threats, possible responses may include an extended or intensified monitoring effort, additional research, or an increased effort to improve habitat and reduce the threat. If future information collected from the PDM, or any other reliable source, indicates an increased likelihood that the species may become in danger of extinction, we will initiate a black-capped vireo status review and determine if re-listing the species is warranted. In addition to public review of the draft PDM plan, we are requesting independent expert peer review from knowledgeable individuals with scientific expertise that includes knowledge of song bird ecology and conservation biology principles. Draft PDM plan peer review is in accordance with our policy ``Notice of Interagency Cooperative Policy for Peer Review in Endangered Species Act Activities,'' published on July 1, 1994 (59 FR 34270). Viewing Documents Comments and materials we receive from the public and peer reviewers, as well as supporting documentation we used in preparing the draft PDM plan, will be available for public inspection by appointment, during normal business hours at the Arlington Ecological Services Field Office (see ADDRESSES) and on the internet at www.regulations.gov in Docket No. FWS-R2-ES-2016-0110. Once approved, the final black-capped vireo PDM plan and any future PDM plan revisions will be available at www.regulations.gov and on our web page (http://endangered.fws.gov) and the Arlington Ecological Services Field Office web page (https://www.fws.gov/southwest/es/ArlingtonTexas/). Request for Public Comments We intend for our final PDM plan to be as accurate and as effective as possible. Therefore, we request comments or suggestions on this black-capped vireo draft PDM plan from the public, concerned governmental agencies, the scientific community, industry, or any other interested party. We will take into consideration substantive comments we receive by the comment due date (see DATES). These comments, and any additional information we receive, may lead us to develop a final PDM plan that differs from this draft PDM plan. If you have already submitted a comment in response to the proposed rule, the comment has been incorporated into the record for the rulemaking, is being considered, and does not need to be submitted again. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire document--including your personal identifying information--may be made publicly available at any time. While you may request at the top of your document that we withhold this information from public review, we cannot guarantee that we will be able to do so. Authors The primary authors of this document are staff at the Arlington Ecological Services Field Office (see ADDRESSES). Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: February 7, 2018. James W. Kurth. Deputy Director, U.S. Fish and Wildlife Service Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2018-05146 Filed 3-13-18; 8:45 am] BILLING CODE 4333-15-P
![11162 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Proposed Rules
for the reasons provided above. EPA is IV. Incorporation by Reference • is not a significant regulatory action
also proposing full approval under CAA In this proposed rule, EPA is subject to Executive Order 13211 (66 FR
110 of the rest of the RACT II Rule proposing to include in a final EPA rule 28355, May 22, 2001);
included for incorporation in the • is not subject to requirements of
regulatory text that includes
Pennsylvania SIP through PADEP’s May Section 12(d) of the National
incorporation by reference. In
16, 2016 SIP submittal, as EPA finds Technology Transfer and Advancement
accordance with requirements of 1 CFR
that the remainder of the RACT II Rule Act of 1995 (15 U.S.C. 272 note) because
51.5, EPA is proposing to incorporate by
meets the intended RACT requirements application of those requirements would
reference the regulatory provisions of 25
under sections 172, 182, 184 and 110 of be inconsistent with the CAA; and
Pa. Code sections 129.96–129.100 of the
the CAA for the 1997 and 2008 ozone • does not provide EPA with the
RACT II Rule and related amendments
discretionary authority to address, as
NAAQS. of 25 Pa Code section 121.1, as adopted
appropriate, disproportionate human
by Pennsylvania on April 23, 2016. EPA
IV. Proposed Action health or environmental effects, using
has made, and will continue to make,
practicable and legally permissible
EPA’s review of the Pennsylvania these materials generally available
methods, under Executive Order 12898
May 16, 2016 SIP submittal indicates through http://www.regulations.gov and
(59 FR 7629, February 16, 1994).
that certain portions of the submittal are at the EPA Region III Office (please In addition, this proposed rule,
adequate to meet RACT requirements contact the person identified in the ‘‘For concerning Pennsylvania’s 1997 and
under the CAA for both the 1997 and Further Information Contact’’ section of 2008 8-hour ozone reasonably available
2008 8-hour ozone NAAQS. EPA is this preamble for more information). control technology for certain major
proposing to fully approve into the SIP V. Statutory and Executive Order NOx and VOC sources, does not have
the provisions in 25 Pa. Code sections Reviews tribal implications as specified by
129.96–129.97, and 129.100 of the Executive Order 13175 (65 FR 67249,
Under the CAA, the Administrator is
RACT II Rule and relevant definitions in November 9, 2000), because the SIP is
required to approve a SIP submission
25 Pa. Code section 121.1, adopted by not approved to apply in Indian country
that complies with the provisions of the
Pennsylvania on April 23, 2016, as located in the state, and EPA notes that
CAA and applicable federal regulations.
meeting RACT for the 1997 and 2008 it will not impose substantial direct
42 U.S.C. 7410(k); 40 CFR 52.02(a).
ozone NAAQS. These provisions are costs on tribal governments or preempt
Thus, in reviewing SIP submissions,
adequate to meet the ozone-specific tribal law.
EPA’s role is to approve state choices,
RACT requirements of sections 172, provided that they meet the criteria of List of Subjects in 40 CFR Part 52
182(b)(2)(C), 182(f), and 184 of the CAA the CAA. Accordingly, this action Environmental protection, Air
for both the 1997 and 2008 8-hour ozone merely approves state law as meeting pollution control, Incorporation by
NAAQS for specific NOX and VOC federal requirements and does not reference, Intergovernmental relations,
sources in Pennsylvania, and in impose additional requirements beyond Nitrogen dioxide, Ozone, Reporting and
accordance with section 110. those imposed by state law. For that recordkeeping requirements, Volatile
In addition, EPA is proposing to reason, this proposed action: organic compounds.
conditionally approve 25 Pa. Code • Is not a ‘‘significant regulatory
Authority: 42 U.S.C. 7401 et seq.
sections 129.98 and 129.99, as these action’’ subject to review by the Office
of Management and Budget under Dated: February 23, 2018.
provisions provide alternative RACT
requirements which require further Executive Orders 12866 (58 FR 51735, Cosmo Servidio,
PADEP and EPA action in order to meet October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, Region III.
RACT requirements under the CAA. The January 21, 2011); [FR Doc. 2018–04933 Filed 3–13–18; 8:45 am]
• is not an Executive Order 13771 (82
provisions of 25 Pa. Code sections BILLING CODE 6560–50–P
FR 9339, February 2, 2017) regulatory
129.98 and 129.99 will become fully
action because SIP approvals are
approvable, if PADEP submits to EPA,
exempted under Executive Order 12866. DEPARTMENT OF THE INTERIOR
within 12 months of EPA’s final action,
• does not impose an information
additional SIP revisions that include collection burden under the provisions
any alternative NOX averaging limits Fish and Wildlife Service
of the Paperwork Reduction Act (44
and source-specific RACT limits U.S.C. 3501 et seq.); 50 CFR Part 17
adopted under sections 129.98 and • is certified as not having a
129.99, respectively, as well as any significant economic impact on a [Docket No. FWS–R2–ES–2016–0110;
relevant compliance demonstration FXES11130900000 178 FF09E42000]
substantial number of small entities
requirements. Once EPA has determined under the Regulatory Flexibility Act (5 RIN 1018–BB79
that PADEP has satisfied this condition, U.S.C. 601 et seq.);
EPA shall remove the conditional nature • does not contain any unfunded Endangered and Threatened Wildlife
of its approval and, at that time, the mandate or significantly or uniquely and Plants; Removing the Black-
provisions in 25 Pa. Code sections affect small governments, as described Capped Vireo From the Federal List of
129.98 and 129.99 will receive a full in the Unfunded Mandates Reform Act Endangered and Threatened Wildlife;
approval status. Should PADEP fail to of 1995 (Pub. L. 104–4); Availability of Post-Delisting
daltland on DSKBBV9HB2PROD with PROPOSALS
meet this condition, the final • does not have federalism Monitoring Plan
conditional approval of 25 Pa. Code implications as specified in Executive AGENCY: Fish and Wildlife Service,
sections 129.98 and 129.99 will convert Order 13132 (64 FR 43255, August 10, Interior.
to a disapproval. EPA is soliciting 1999); ACTION: Proposed rule; availability of
public comments on the issues • is not an economically significant supplemental information.
discussed in this document. These regulatory action based on health or
comments will be considered before safety risks subject to Executive Order SUMMARY: We, the U.S. Fish and
taking final action. 13045 (62 FR 19885, April 23, 1997); Wildlife Service (Service), announce the
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![11164 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Proposed Rules
use changes, and densities of livestock www.regulations.gov in Docket No. DEPARTMENT OF COMMERCE
and deer. FWS–R2–ES–2016–0110. Once
Abundance monitoring would focus approved, the final black-capped vireo National Oceanic and Atmospheric
on known black-capped vireo localities PDM plan and any future PDM plan Administration
under some form of management and for revisions will be available at
which the SSA Report forecasted future www.regulations.gov and on our web 50 CFR Part 622
persistence. Through monitoring these page (http://endangered.fws.gov) and
localities, we can track abundance the Arlington Ecological Services Field RIN 0648–BG75
trends and compare those to the SSA
Office web page (https://www.fws.gov/
Report forecasts. Additionally, four Fisheries of the Caribbean, Gulf of
southwest/es/ArlingtonTexas/).
major localities with several years of Mexico, and South Atlantic; Electronic
population trend data will continue to Request for Public Comments Reporting for Federally Permitted
be monitored to detect changes in trends Charter Vessels and Headboats in
over the 12-year period. In conjunction We intend for our final PDM plan to Atlantic Fisheries
with abundance monitoring, a subset of be as accurate and as effective as
vireo nests will be monitored to possible. Therefore, we request AGENCY: National Marine Fisheries
determine brown-headed cowbird comments or suggestions on this black- Service (NMFS), National Oceanic and
parasitism rates at these localities. The capped vireo draft PDM plan from the Atmospheric Administration (NOAA),
PDM plan defines monitoring public, concerned governmental Commerce.
thresholds which, if reached, may result agencies, the scientific community, ACTION: Notice of availability (NOA);
in additional actions. The monitoring industry, or any other interested party. request for comments.
thresholds are based on maintaining We will take into consideration
resiliency, redundancy, and substantive comments we receive by the SUMMARY: The South Atlantic Fishery
representation, as described in the comment due date (see DATES). These Management Council (South Atlantic
black-capped vireo SSA Report. Land comments, and any additional Council) and Gulf of Mexico (Gulf)
use trends, livestock, and deer within
information we receive, may lead us to Fishery Management Council (Gulf
the vireo’s range will also be monitored
develop a final PDM plan that differs Council) have submitted the For-hire
to ensure we detect changes that may
from this draft PDM plan. If you have Reporting Amendment for review,
affect the species.
The draft PDM plan includes both already submitted a comment in approval, and implementation by
interim and final reporting response to the proposed rule, the NMFS. The For-hire Reporting
requirements. If PDM results in a comment has been incorporated into the Amendment includes Amendment 27 to
concern regarding the vireo’s status or record for the rulemaking, is being the Fishery Management Plan (FMP) for
increasing threats, possible responses considered, and does not need to be Coastal Migratory Pelagic (CMP)
may include an extended or intensified submitted again. Resources of the Gulf and Atlantic
monitoring effort, additional research, Region (CMP FMP), Amendment 9 to
Before including your address, phone the FMP for the Dolphin and Wahoo
or an increased effort to improve habitat number, email address, or other
and reduce the threat. If future Fishery off the Atlantic States (Dolphin
personal identifying information in your Wahoo FMP), and Amendment 39 to the
information collected from the PDM, or comment, you should be aware that
any other reliable source, indicates an FMP for Snapper-Grouper Fishery of the
your entire document—including your South Atlantic Region (Snapper-
increased likelihood that the species
personal identifying information—may Grouper FMP). If approved by the
may become in danger of extinction, we
be made publicly available at any time. Secretary of Commerce, the For-hire
will initiate a black-capped vireo status
review and determine if re-listing the While you may request at the top of Reporting Amendment would establish
species is warranted. your document that we withhold this new, and revise existing, electronic
In addition to public review of the information from public review, we reporting requirements for federally
draft PDM plan, we are requesting cannot guarantee that we will be able to permitted charter vessels and headboats
independent expert peer review from do so. (for-hire vessels), respectively. The For-
knowledgeable individuals with hire Reporting Amendment would
Authors require a charter vessel with a Federal
scientific expertise that includes
knowledge of song bird ecology and The primary authors of this document charter vessel/headboat permit for
conservation biology principles. Draft are staff at the Arlington Ecological Atlantic CMP, Atlantic dolphin and
PDM plan peer review is in accordance Services Field Office (see ADDRESSES). wahoo, or South Atlantic snapper-
with our policy ‘‘Notice of Interagency grouper species to submit an electronic
Cooperative Policy for Peer Review in Authority fishing report weekly, or at shorter
Endangered Species Act Activities,’’ intervals if notified by NMFS, through
The authority for this action is the NMFS approved hardware and software.
published on July 1, 1994 (59 FR
Endangered Species Act of 1973 (16 The For-hire Reporting Amendment
34270).
U.S.C. 1531 et seq.). would also reduce the time allowed for
Viewing Documents headboats to submit an electronic
Dated: February 7, 2018.
Comments and materials we receive James W. Kurth. fishing report. The purpose of the For-
daltland on DSKBBV9HB2PROD with PROPOSALS
from the public and peer reviewers, as hire Reporting Amendment is to
Deputy Director, U.S. Fish and Wildlife
well as supporting documentation we increase and improve fisheries
Service Exercising the Authority of the
used in preparing the draft PDM plan, Director, U.S. Fish and Wildlife Service.
information collected from federally
will be available for public inspection permitted for-hire vessels in the
[FR Doc. 2018–05146 Filed 3–13–18; 8:45 am]
by appointment, during normal business Atlantic. The information is expected to
BILLING CODE 4333–15–P
hours at the Arlington Ecological improve recreational fisheries
Services Field Office (see ADDRESSES) management of the for-hire component
and on the internet at in the Atlantic.
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Document Created: 2018-03-14 01:06:33
Document Modified: 2018-03-14 01:06:33
| 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; availability of supplemental information. | |
| Dates | We will accept comments on the draft PDM plan for black-capped vireo until April 13, 2018. | |
| Contact | Debra Bills, U.S. Fish and Wildlife | |
| FR Citation | 83 FR 11162 | |
| RIN Number | 1018-BB79 |
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