[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31903-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13671]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2011-0003; MO 92210-1113F120-B6]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to Reclassify the Straight-Horned Markhor (Capra falconeri 
jerdoni) of Torghar Hills as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day 
finding on a petition to reclassify the Torghar Hills population of 
straight-horned markhor, or Suleiman markhor, (Capra falconeri jerdoni 
or C. f. megaceros) from endangered to threatened under the Endangered 
Species Act of 1973, as amended (Act). Based on our review, we find 
that the petition presents substantial scientific or commercial 
information indicating that reclassifying this subspecies of markhor in 
the Torghar Hills of Pakistan may be warranted. Therefore, with the 
publication of this notice, we are initiating a review of the status of 
the entire subspecies to determine if the petitioned action is 
warranted. To ensure that this status review is comprehensive, we are 
requesting scientific and commercial data and other information 
regarding the straight-horned markhor or the Torghar Hills population. 
Based on the status review, we will issue a 12-month finding on the 
petition, which will address whether the petitioned action is 
warranted, as provided in section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before August 1, 2011.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for docket FWS-R9-ES-2011-0003 and then follow the instructions 
for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS- FWS-R9-ES-2011-0003; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Information Solicited 
section below for more details).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; 
telephone 703-358-2171; facsimile 703-358-1735. If you use a 
telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Information Solicited

    When we make a finding that a petition presents substantial 
information indicating that reclassifying a species may be warranted, 
we are required to promptly review the status of the species (status 
review). For the status review to be complete and based on the best 
available scientific and commercial information, we request information 
on the straight-horned markhor from the public, governmental agencies, 
Tribal communities, the scientific community, industry, and any other 
interested parties. We seek information on:
    (1) The straight-horned markhor's biology, range, and population 
trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy on Capra falconeri jerdoni and C. f. 
megaceros to determine if these two subspecies constitute a single 
subspecies;
    (c) Historical and current range including distribution patterns;
    (d) Intermountain movement;
    (e) Historical and current population levels, and current and 
projected trends; and
    (f) Past and ongoing conservation measures for the subspecies, its 
habitat, or both.
    (g) Information on the straight-horned markhor subspecies for the 
purpose of determining if the markhor in the Torghar Hills constitutes 
a distinct vertebrate population segment (DPS; see Evaluation of 
Listable Entities).
    (2) The factors that are the basis for making a listing/delisting/
downlisting determination for a species under section 4(a) of the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    (3) Information on whether changing climatic conditions are 
affecting the subspecies or its habitat.
    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.
    We will base our status review on the best scientific and 
commercial information available, including all information we receive 
during the public comment period. Please note that comments 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 threatened species must be made ``solely on the basis of the best 
scientific and commercial data available.'' At the conclusion of the 
status review, we will issue the 12-month finding on the petition, as 
provided in section 4(b)(3)(B) of the Act.

[[Page 31904]]

    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. 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 you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying 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.
    Information and supporting documentation that we received and used 
in preparing this finding will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, Endangered 
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION 
CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition and publish our notice of the 
finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a review of the status of the species, which will be 
subsequently summarized in our 12-month finding.

Petition History

    On August 18, 2010, we received a petition dated August 17, 2010, 
from John Jackson of Conservation Force, on behalf Dallas Safari Club, 
Houston Safari Club, African Safari Club of Florida, The Conklin 
Foundation, Grand Slam Club/Ovis, Wild Sheep Foundation, Jerry Brenner, 
Steve Hornaday, Alan Sackman, and Barbara Lee Sackman, requesting the 
U.S. Fish and Wildlife Service (Service) downlist the Torghar Hills 
population of the Suleiman markhor (Capra falconeri jerdoni or C. f. 
megaceros), in the Balochistan Province of Pakistan, from endangered to 
threatened under the Act. The petition clearly identified itself as 
such and included the requisite identification information for the 
petitioners, as required by 50 CFR 424.14(a). In a September 15, 2010, 
letter to John Jackson, we acknowledged receipt of the petition.

Previous Federal Actions

    On June 14, 1976, we published in the Federal Register a rule 
listing the straight-horned markhor, or the Suleiman markhor (Capra 
falconeri jerdoni), and the Kabul markhor (C. f. megaceros), as well as 
157 other U.S. and foreign vertebrates and invertebrates, as endangered 
under the Act (41 FR 24062). All species were found to have declining 
numbers due to the present or threatened destruction, modification, or 
curtailment of its habitat or range; overutilization for commercial, 
sporting, scientific, or educational purposes; the inadequacy of 
existing regulatory mechanisms; or some combination of the three. 
However, the main concern was the high commercial importance and the 
inadequacy of existing regulatory mechanisms to control international 
trade.
    Later, the straight-horned markhor and the Kabul markhor were 
considered by many authorities to be the single subspecies C. f. 
megaceros (straight-horned markhor). These subspecies currently remain 
listed as separate entities under the Act. We are requesting 
information (see Information Solicited) on the taxonomy of both 
subspecies to determine if these constitute a single subspecies. On 
March 4, 1999, we received a petition from Sardar Naseer A. Tareen, on 
behalf of the Society for Torghar Environmental Protection and the 
International Union for Conservation of Nature (IUCN) Central Asia 
Sustainable Use Specialist Group, requesting that the Suleiman markhor 
(Capra falconeri jerdoni or C. f. megaceros) population of the Torghar 
Hills region of the Balochistan Province, Pakistan be reclassified from 
endangered to threatened under the Act. On September 23, 1999 (64 FR 
51499), we published in the Federal Register a finding, in accordance 
with section 4(b)(3)(A) of the Act, that the petition had presented 
substantial information indicating that the requested reclassification 
may be warranted and initiated a status review. We opened a comment 
period, which closed January 21, 2000, to allow all interested parties 
to submit comments and information. A 12-month finding was never 
completed.

Evaluation of Listable Entities

    Under section 3(16) of the Act, we may consider for listing any 
species, including subspecies, of fish, wildlife, or plants, or any DPS 
of vertebrate fish or wildlife that interbreeds when mature (16 U.S.C. 
1532(16)). Such entities are considered eligible for listing under the 
Act (and, therefore referred to as listable entities) should we 
determine that they meet the definition of an endangered or threatened 
species. In this case, the petitioners have requested that the 
straight-horned markhor in the Torghar Hills of Pakistan be considered 
a DPS and reclassified from endangered to threatened under the Act.

Distinct Vertebrate Population Segment

    Under the Service's ``Policy Regarding the Recognition of Distinct 
Vertebrate Population Segments Under the Endangered Species Act'' (61 
FR 4722, February 7, 1996), three elements are considered in the 
decision concerning the establishment and classification of a possible 
DPS. These elements, which are applied similarly for additions to, 
reclassifications of status under, or removal from the Federal List of 
Endangered and Threatened Wildlife, include:
    (1) The discreteness of a population in relation to the remainder 
of the species to which it belongs;
    (2) The significance of the population segment to the species to 
which it belongs; and
    (3) The population segment's conservation status in relation to the 
Act's standards for listing, delisting, or reclassification (i.e., is 
the population segment endangered or threatened).
Discreteness
    Under the DPS policy, a population segment of a vertebrate taxon 
may be considered discrete if it satisfies either one of the following 
conditions:
    (1) It is markedly separated from other populations of the same 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation.
    (2) It is delimited by international governmental boundaries within 
which differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist

[[Page 31905]]

that are significant in light of section 4(a)(1)(D) of the Act.
    Desert mountain ranges of Balochistan Province are more or less 
isolated from one another by intervening valley bottoms. The Torghar 
Hills, within the Toba Kakar Range, are geographically isolated by 
broad valleys (Frisina et al. 2002, p. 7). To the north and south, the 
mountain area is bounded by the Kundar River Valley and Khaisor Valley, 
respectively (Bellon 2008, p. 3). Furthermore, suitable markhor habitat 
tends to be patchily distributed within mountain ranges. Within the 
Torghar Hills, habitat to the north is less severe than that preferred 
by markhor; to the south, habitat is also unsuitable as it is a broad, 
relatively level valley and inhabited by humans (Frisina et al. 2002, 
p. 7).
    The degree to which disjunct populations of markhor interact is 
unknown because dispersal capability is unknown. However, interaction 
between populations is assumed to be limited because of the tendency of 
markhor to restrict themselves to the steeper, cliff-like areas 
(Frisina et al. 1998, p. 10). Although markhor could potentially move 
into and out of the Torghar Hills, intermountain movement probably 
rarely occurs due to the lack of suitable habitat (Frisina et al. 2002, 
p. 7) and the presence of people and domestic livestock in intervening 
valley bottoms.
    In summary, the petition and other documents in our files present 
substantial information indicating that the Torghar Hills population of 
the straight-horned markhor in Pakistan may meet at least one of the 
criteria for discreteness under the DPS policy based on marked physical 
separateness.
Significance
    Under our DPS Policy, in addition to our consideration that a 
population segment is discrete, we consider its biological and 
ecological significance to the taxon to which it belongs. This 
consideration may include, but is not limited to: (1) Evidence of the 
persistence of the discrete population segment in an ecological setting 
that is unique or unusual for the taxon; (2) evidence that loss of the 
population segment would result in a significant gap in the range of 
the taxon; (3) evidence that the population segment represents the only 
surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historical range; and 
(4) evidence that the discrete population segment differs markedly from 
other populations of the species in its genetic characteristics (61 FR 
4721; February 7, 1996).
    The Torghar Hills population of straight-horned markhor is 
protected by a private conservation program, the Torghar Conservation 
Project (TCP). In 1986, the TCP was instituted and run informally by 
the local Tribal ruling family. The goals of the TCP were to conserve 
local populations of the Suleiman markhor and the Afghan urial (Ovis 
orientalis cycloceros) and improve the economic condition of local 
tribesmen. To accomplish this, the local tribesmen refrain from hunting 
in exchange for employment as salaried game guards to prevent poaching 
in the Torghar Hills and assist in wildlife surveys. Game guard 
salaries and other costs of the TCP are covered by fees paid by foreign 
hunters to hunt a small, controlled number of markhor and urial for 
trophy (Johnson 1997, pp. 1-3; Ahmed et al. 2001, p. 5). In 1994, an 
officially registered nongovernmental organization, the Society for 
Torghar Environmental Protection (STEP), was formed to administer the 
TCP.
    Since the TCP was instituted in 1986, the markhor population in the 
Torghar Hills has been growing steadily from the brink of extinction to 
a thriving population and is considered ``viable'' for both population 
and genetic processes (Johnson 1997, pp. 14-15; Frisina et al. 2002, p. 
1). The most likely cause of this population growth is the virtually-
complete cessation of poaching in the Torghar area accomplished by the 
TCP (Johnson 1997, pp. 3, 15). Based on the substantial population 
growth, researchers have concluded that the markhor have responded well 
to the management and protection provided by the TCP and the program 
has been a successful tool in conserving the markhor of the Torghar 
Hills (Johnson 1997, p. 16; Frisina et al. 1998, p. 6). This population 
now represents the highest concentration of markhor in the world 
(Bellon 2008, pp. 1, 45) and may represent one of the last remaining 
strongholds for the subspecies (Johnson 1997, p. 16).
    In summary, information in the petition and our files may support 
the significance of a DPS in the Torghar Hills of Pakistan because the 
loss of this DPS would result in the loss of, perhaps, the most 
important population for the subspecies' survival, resulting in a 
significant gap in the range of the subspecies.

Evaluation of Information for This Finding

    As stated above, the markhor was originally listed as endangered 
under the Act due to declining numbers and concern over the species' 
high commercial importance. The outbreak of the Afghanistan war in the 
late 1970s made weapons and cheap ammunition more readily available and 
hunters killed females and young indiscriminately (Ahmed et al. 2001, 
p. 4). In the early 1980s the markhor population in the Torghar Hills 
was thought to be at very low levels, perhaps fewer than 100 
individuals.
    The petitioners assert that since the TCP was established and 
poaching essentially eliminated (Woodford et al. 2004, p. 181), the 
population of markhor in the Torghar Hills has increased. In 1994, 
Johnson (1997, p. 12) estimated the Torghar Hills population of markhor 
to be 695. Later surveys estimated the population to be 1,298 in 1997; 
1,684 in 1999; 2,541 in 2005; and 3,158 in 2008 (Frisina et al. 1998, 
p. 6; Arshad and Khan 2009, p. 9).
    In general, markhor are threatened with fragmentation and loss of 
habitat, competition with domestic livestock, and illegal hunting 
(CITES 2007, unpaginated). The petitioners assert that the habitat 
within the core protected area of the TCP is not threatened by grazing 
of domestic sheep and goats or otherwise at risk of being destroyed, 
modified, or curtailed. The petitioners also assert that the local 
people are aware of the potential problems with having excess livestock 
and are interested in formulating and implementing range management 
plans (Woodford et al. 2004, p. 184). In addition, to improve the 
health of local domestic livestock, and thereby minimize the risk of 
disease transfer to the markhor, a community-based Animal Health 
Service for the domestic livestock within the TCP area has been 
formulated. Under this plan, a small number of tribesman will be 
trained as ``barefoot vets'' and provide vaccines and anti-parasitic 
medications to the domestic livestock (Woodford et al. 2004, p. 185).
    The petitioners further assert that the laws of Pakistan, 
regulations on hunting imposed by the TCP, and the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) quota and nondetriment determination are more than adequate to 
protect the straight-horned markhor. Lastly, the petitioners assert 
that the listing as an endangered species under the Act prevents 
hunters from bringing hunting trophies home to the United States, 
creates a disincentive for American hunters to participate in the TCP, 
and reduces the number of hunts and keeps the price of hunting permits 
artificially low.

[[Page 31906]]

Finding

    On the basis of information provided in the petition we find that 
the petition presents substantial scientific or commercial information 
indicating that reclassifying the Torghar Hills population of the 
straight-horned markhor may be warranted. Therefore, we will initiate a 
status review to determine if reclassifying the Torghar Hills 
population of the straight-horned markhor is warranted. To ensure that 
the status review is comprehensive, we are soliciting scientific and 
commercial information regarding this subspecies (see Information 
Solicited).
    It is important to note that the ``substantial information'' 
standard for a 90-day finding is in contrast to the Act's ``best 
scientific and commercial data'' standard that applies to a 12-month 
finding as to whether a petitioned action is warranted. A 90-day 
finding is not a status assessment of the species and does not 
constitute a status review under the Act. Our final determination as to 
whether a petitioned action is warranted is not made until we have 
completed a thorough review of the status of the species, which is 
conducted following a substantial 90-day finding. Because the Act's 
standards for 90-day and 12-month findings are different, as described 
above, a substantial 90-day finding does not mean that the 12-month 
finding will result in a warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov at Docket No. FWS-R9-ES-2011-0003 and upon 
request from the Branch of Foreign Species (see FOR FURTHER INFORMATION 
CONTACT.)

Author

    The primary authors of this notice are the staff members of the 
Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT.)

    Authority:  The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: April 15, 2011.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-13671 Filed 6-1-11; 8:45 am]
BILLING CODE 4310-55-P