[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Proposed Rules]
[Pages 50360-50363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23579]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2016-0086; 4500030113]
RIN 1018-BB52
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition to List the Western Glacier Stonefly as an Endangered or
Threatened Species; Proposed Threatened Species Status for Meltwater
Lednian Stonefly and Western Glacier Stonefly
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period on our October 4, 2016, proposed rule
to list the western glacier stonefly (Zapada glacier) and the meltwater
lednian stonefly (Lednia tumana) as threatened species under the
Endangered Species Act of 1973, as amended (Act). We are reopening the
comment period because we have received additional information about
the range of the western glacier stonefly and reopening the comment
period will provide the public an opportunity to comment on the
additional range information. In August 2016, we received new
information on the western glacier stonefly, indicating a larger range
than previously known. In March 2017, we again received additional
information (separate from the information received in August 2016)
regarding the western glacier stonefly range, also indicating a larger
range than previously known. We invite the public to comment on this
additional information.
DATES: The comment period on the October 4, 2016, proposed rule (81 FR
68379) is reopened. Comments should be received on or before November
30, 2017. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R6-ES-2016-0086,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. 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-R6-ES-2016-0086, 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 Public Comments, below, for more information).
Document availability: You may view the October 4, 2016, proposed
rule and supporting materials associated with this reopened public
comment period and described below under SUPPLEMENTARY INFORMATION at
http://www.regulations.gov under Docket No. FWS-R6-ES-2016-0086, or
from the office listed in FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Supervisor, U.S. Fish
and Wildlife Service, Montana Ecological Services Field Office, 585
Shepard Way, Helena, MT 59601; telephone 406-449-5225; facsimile 406-
449-5339; [email protected]. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
Public Comments
We will accept written comments and information during this
reopened comment period regarding the new information indicating
additional streams and springs occupied by the western glacier stonefly
(Giersch et al. 2016, entire; Giersch 2017, pers. comm.) as described
in this document. We will also accept written comments and information
on our proposed rule to list the western glacier stonefly and the
meltwater lednian stonefly as threatened species under the Act that was
published in the Federal Register on October 4, 2016 (81 FR 68379). We
will consider information and recommendations from all interested
parties.
In addition, we continue to seek comments on the following topics
as requested in our October 4, 2016, proposed rule (81 FR 68379):
(1) The meltwater lednian stonefly and the western glacier stonefly
biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, their
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to these species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of these species,
including the locations of any additional populations.
If you submitted comments or information on the proposed rule (81
FR 68379) during the initial comment period from October 4, 2016, to
December 5, 2016, please do not resubmit them. Any such comments are
incorporated as part of the public record of this rulemaking
proceeding, and we will fully consider them in the preparation of our
final determination. Our final determination will take into
consideration all written comments and any additional information we
receive during all comment periods. The final decision may differ from
the proposed rule, based on our review of all information received
during this rulemaking proceeding.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. Please
note that submissions merely stating support for or opposition to the
action under consideration without providing supporting information,
although noted, will not be considered in making a determination, as
section 4(b)(1)(A) of the Act directs that determinations as to whether
any species is an endangered or a threatened species must be made
``solely on the basis of the best scientific and commercial data
available.''
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send
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comments only by the methods described in ADDRESSES.
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,
Montana Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we sought the expert
opinions of six appropriate and independent specialists regarding the
proposed rule, including the new information discussed in this
document, and received comments or peer reviews from four peer
reviewers. The purpose of peer review is to ensure that our listing
determinations are based on scientifically sound data, assumptions, and
analyses. The peer reviewers have expertise in stonefly biology,
habitat, and life history.
Background
Species Information and Previous Federal Actions
On October 4, 2016, we published a 12-month finding for the western
glacier stonefly and a proposed rule to list the western glacier
stonefly and meltwater lednian stonefly as threatened species under the
Act (81 FR 68379). We combined the 12-month finding and proposed rule
in one document for efficiency. Please refer to that proposed rule for
information about western glacier stonefly and meltwater lednian
stonefly taxonomy, descriptions of the two species, distribution and
abundance, habitat, and biology, as well as a detailed description of
previous Federal actions concerning the western glacier stonefly and
meltwater lednian stonefly prior to October 4, 2016. As discussed in
our proposed rule, we became aware of information in August 2016
indicating additional streams and springs occupied by western glacier
stonefly in southwestern Montana and northwestern Wyoming. Furthermore,
in March 2017, we became aware of additional information on western
glacier stonefly, indicating a larger range than previously known. This
new information from August 2016 and March 2017 is described below.
New Information
We received updated information on the distribution of western
glacier stonefly from the United States Geological Survey (USGS) on
August 22, 2016. This information was included in a final report to the
Service examining the status, distribution, and ecology of the
meltwater lednian stonefly and the western glacier stonefly (Giersch et
al. 2016, entire). In this report, USGS documented western glacier
stonefly approximately 500 miles farther south than previously known
(Giersch et al. 2016, p. 28). These southern streams and springs were
in the Absaroka-Beartooth Wilderness in southern Montana and in Grand
Teton National Park in northwestern Wyoming. On March 22, 2017, we
again received updated information on the distribution of western
glacier stonefly from the USGS. This information was from field surveys
conducted in late 2016. These surveys identified additional occupied
streams and springs of western glacier stonefly in southern Montana and
northwestern Wyoming (in the Absaroka-Beartooth Wilderness and Grand
Teton National Park; Figure 1).
In addition, a study funded by the Wyoming Natural Diversity
Database estimated the degree to which western glacier stonefly were
genetically different amongst the three mountain ranges (Glacier
National Park, Absaroka-Beartooth Wilderness, and Grand Teton National
Park) (Hotaling et al. 2017, p. 11). Although the study noted that
there is evidence of significant genetic differentiation amongst
western glacier stonefly populations residing in the different mountain
ranges, the authors do not believe the evidence supports multiple
species designations (Hotaling et al. 2017, p. 12). As a result of the
additional range information and genetics report, we are now aware of a
total of 16 occupied streams or springs of western glacier stonefly
rangewide (Montana and Wyoming).
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References Cited
A complete list of references cited in this document is available
on the Internet at http://www.regulations.gov at Docket No. FWS-R6-ES-
2016-0086 and upon request from the Montana Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Montana Ecological Services Field Office.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 28, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-23579 Filed 10-30-17; 8:45 am]
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