[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Proposed Rules]
[Pages 59769-59771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-29612]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1080-AI17
Endangered and Threatened Wildlife and Plants; Proposed Rule To
List the Columbia Basin Distinct Population Segment of the Pygmy Rabbit
(Brachylagus idahoensis) as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Columbia Basin distinct population segment of the pygmy rabbit
(Brachylagus idahoensis) as endangered pursuant to the Endangered
Species Act of 1973, as amended (Act). An emergency rule listing this
population segment as endangered for a period of 240 days is published
concurrently in this issue of the Federal Register.
Historically, the Columbia Basin pygmy rabbit occurred in dense,
shrub steppe habitats in five central Washington counties. Currently,
this
[[Page 59770]]
population segment is known from a single wild colony totaling fewer
than 50 individuals in Douglas County, Washington, and a small captive
population. Due to its small population, the Columbia Basin pygmy
rabbit is imminently threatened by the combined influence of
catastrophic environmental events, habitat/resource failure, disease,
predation, and loss of genetic heterogeneity. We solicit additional
information and data that may assist us in making a final decision on
this proposed listing, as well as determining critical habitat for the
rabbit.
DATES: Comments from all interested parties must be received by January
29, 2002. Public hearing requests must be received by January 14, 2002.
ADDRESSES: Submit comments to U.S. Fish and Wildlife Service, Upper
Columbia Fish and Wildlife Office, 11103 East Montgomery Drive,
Spokane, Washington 99206. For information and instruction on
commenting, see the PUBLIC COMMENTS SOLICITED section below. Comments
and materials received, as well as supporting information used to
prepare this proposed rule, will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Christopher Warren at the address
listed above (telephone 509/891-6839; facsimile 509/891-6748;
electronic mail: chris_warren@fws.gov).
SUPPLEMENTARY INFORMATION:
Background
For a discussion of background biological information, previous
Federal action, factors affecting the species, critical habitat, and
conservation measures available to listed and proposed species, consult
the emergency rule to list the Columbia Basin distinct population
segment of the pygmy rabbit published concurrently in this issue of the
Federal Register.
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we will solicit the expert opinions of three appropriate and
independent specialists regarding this proposed rule. The purpose of
such review is to ensure listing decisions are based on scientifically
sound data, assumptions, and analyses. We will send these peer
reviewers copies of this proposed rule immediately following
publication in the Federal Register. We will invite these peer
reviewers to comment, during the public comment period, on the specific
assumptions and conclusions regarding the proposed listing and
designation of critical habitat.
We will consider all comments and information received during the
60-day comment period on this proposed rule in making a final decision
on the proposal. Accordingly, the final determination may differ from
this proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made at least 15
days prior to the close of the public comment period. Such a request
for a public hearing for this proposed rule may be sent to the
Supervisor, Upper Columbia Fish and Wildlife Office (see ADDDRESES
section). We will schedule at least one public hearing on this
proposal, if requested, and announce the date, time, and place of any
hearings in the Federal Register and local newspapers at least 15 days
prior to the first hearing.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand, including answers to
questions such as the following--(1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical jargon that interferes with the clarity? (3) Does the format
of the proposed rule (grouping and order of the sections, use of
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the
description of the proposed rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the proposed rule?
What else could we do to make this proposed rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to the office identified in the ADDRESSES
section at the beginning of this document.
Public Comments Solicited
We intend that any final listing action resulting from this
proposed rule to list the Columbia Basin pygmy rabbit will be as
accurate and effective as possible. Therefore, we request comments or
suggestions from the general public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. Comments are particularly sought
concerning:
(1) Biological, commercial trade, or other relevant data regarding
any threat (or lack thereof) to the pygmy rabbit, both within the
Columbia Basin population area and range-wide;
(2) Information regarding the range, distribution, and population
size of this distinct population segment, including the locations of
any additional colonies of the Columbia Basin pygmy rabbit;
(3) Information regarding the range, distribution, and population
size of the pygmy rabbit range-wide;
(4) Information (e.g., maps, data, unpublished reports) and
justification regarding why any habitat should or should not be
determined to be critical habitat for the Columbia Basin pygmy rabbit
as provided by section 4 of the Act;
(5) Current and planned activities in the subject area and their
potential impacts on the Columbia Basin pygmy rabbit.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods: (1) You may
submit written comments and information to the Field Supervisor at the
address provided in the ADDRESSES section above; (2) You may comment
electronically via the Internet to ``fw1cbprabbit@r1.fws.gov''. Please
submit e-mail comments as an ASCII file, avoiding the use of special
characters and any form of encryption. Please note that the Internet
address will be closed at the termination of the public comment period;
if you do not receive a confirmation from the system that we have
received your e-mail message, contact us directly by calling our Upper
Columbia Fish and Wildlife Office at 590/891-6748; and (3) You also may
hand-deliver comments to our Upper Columbia Fish and Wildlife Office at
11103 East Montgomery Drive, Spokane, Washington.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rule making record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rule making record a respondent's identity, as allowable by
law. If you wish us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. However, we
will not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
[[Page 59771]]
for public inspection in their entirety. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the above address.
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined in the National Environmental Policy Act
of 1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Endangered Species Act of 1973, as
amended. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244).
Paperwork Reduction Act
This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act and
assigned Office of Management and Budget clearance number 1018-0094. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number. For additional information concerning permit and
associated requirements for endangered species, see 50 CFR 17.21 and
17.22.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.
13211) on regulations that significantly affect energy supply,
distribution, and use. Executive Order 13211 requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
This rule is not expected to significantly affect energy supplies,
distribution, or use. Therefore, this action is not a significant
energy action and no Statement of Energy Effects is required.
References Cited
A complete list of references cited in the emergency rule to list
the Columbia Basin distinct population segment of the pygmy rabbit as
endangered, published concurrently in this issue of the Federal
Register, is available upon request from the Upper Columbia Fish and
Wildlife Office (see ADDRESSES section).
Author
The primary author of this proposed rule is Christopher Warren of
the Upper Columbia Fish and Wildlife Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
For the reasons given in the preamble to the emergency rule listing
the Columbia Basin distinct population segment of the pygmy rabbit as
endangered, published concurrently in this issue of the Federal
Register, we propose to amend part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. In Sec. 17.11(h), add the following to the List of Endangered
and Threatened Wildlife in alphabetical order under MAMMALS:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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Mammals
* * * * * * *
Rabbit, Columbia Basin pygmy..... Brachylagus U.S.A. (Western U.S.A. (WA-- E ........... NA NA
idahoensis. conterminous Douglas, Grant,
States). Lincoln, Adams,
Benton Counties).
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Dated: November 21, 2001.
Marshall P. Jones, Jr.,
Acting Director, Fish and Wildlife Service.
[FR Doc. 01-29612 Filed 11-29-01; 8:45 am]
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