[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Proposed Rules]
[Pages 4652-4654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01786]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2012-0071; 4500030113]
RIN 1018-AY21


Endangered and Threatened Wildlife and Plants; Listing the Lesser 
Prairie-Chicken as a Threatened Species With a Special Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening 
of the comment period on the December 11, 2013, proposed revised 
special rule under authority of section 4(d) of the Endangered Species 
Act of 1973, as amended (Act), that provides measures that are 
necessary and advisable to provide for the conservation of the lesser 
prairie-chicken (Tympanuchus pallidicinctus). In addition, we announce 
the reopening of the public comment period on the December 11, 2012, 
proposed rule to list the lesser prairie-chicken as a threatened 
species under the Act. We are reopening the comment period to allow all 
interested parties an opportunity to comment on the final Lesser 
Prairie-Chicken Range-Wide Conservation Plan, which has been prepared 
by the Lesser Prairie-Chicken Interstate Working Group, and our 
endorsement of the plan, and we request comments on the plan as it 
relates to our determination of status under section 4(a)(1) of the 
Act. The final plan is available on the Internet in Docket No. FWS-R2-
ES-2012-0071 at http://www.regulations.gov.

DATES: The comment period for the proposed rule published December 11, 
2012 (77 FR 73827), is reopened. We will accept comments received or 
postmarked on or before February 12,

[[Page 4653]]

2014. 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: Document availability: The December 11, 2012, proposed rule 
(77 FR 73827), the December 11, 2013, revision of that proposed rule 
(78 FR 75306), and the final Lesser Prairie-Chicken Range-Wide 
Conservation Plan are all available via the Federal electronic 
rulemaking portal at http://www.regulations.gov in Docket No. FWS-R2-
ES-2012-0071.
    Comment submission: 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-R2-ES-2012-0071, 
which is the docket number for this rulemaking. 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-2012-0071; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by one of 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 the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Jontie Aldrich, Field Supervisor, 
Oklahoma Ecological Services Field Office, 9014 East 21st Street, 
Tulsa, OK 74129; by telephone 918-581-7458 or by facsimile 918-581-
7467. Persons who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    To allow the public to comment simultaneously on this revised 
proposed 4(d) special rule and the proposed listing rule, we also 
announce the reopening of the comment period on the Service's December 
11, 2012, proposed rule to list the lesser prairie-chicken as a 
threatened species under the Act. We intend to finalize the revised 
proposed 4(d) special rule concurrent with the final listing rule, if 
the results of our final listing determination conclude that threatened 
species status is appropriate and if we determine that this revised 
proposed 4(d) special rule is appropriate following public comment. Any 
final action resulting from the proposed rules will be based on the 
best scientific and commercial data available and be as accurate and as 
effective as possible. Therefore, we request comments or information 
from other concerned governmental agencies, Native American tribes, the 
scientific community, industry, general public, and other interested 
parties concerning the proposed listing rule and revised proposed 4(d) 
special rule. We particularly seek comments regarding:
    (1) The historical and current status and distribution of the 
lesser prairie-chicken, its biology and ecology, specific threats (or 
lack thereof) and regulations that may be addressing those threats and 
ongoing conservation measures for the species and its habitat.
    (2) Information relevant to the factors that are the basis for 
making a listing determination for a species under section 4(a) of the 
Act, which are:
    (a) The present or threatened destruction, modification, or 
curtailment of the species' 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 and threats to the species or its habitat.
    (3) Application of the Lesser Prairie-Chicken Interstate Working 
Group's final Lesser Prairie-Chicken Range-Wide Conservation Plan to 
our determination of status under section 4(a)(1) of the Act, 
particularly comments or information to help us assess the certainty 
that the plan will be effective in conserving the lesser prairie-
chicken and will be implemented.
    (4) Which areas would be appropriate as critical habitat for the 
species and why areas should or should not be proposed for designation 
as critical habitat, including whether any threats to the species from 
human activity would be expected to increase due to the designation and 
whether that increase in threat would outweigh the benefit of 
designation such that the designation of critical habitat may not be 
prudent.
    (5) Specific information on:
    (a) The amount and distribution of habitat for the lesser prairie-
chicken;
    (b) What may constitute ``physical or biological features essential 
to the conservation of the species,'' within the geographical range 
currently occupied by the species;
    (c) Where these features are currently found;
    (d) Whether any of these features may require special management 
considerations or protection;
    (e) What areas, that were occupied at the time of listing (or are 
currently occupied) and that contain features essential to the 
conservation of the species, should be included in the designation and 
why; and
    (f) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    (6) Information on the projected and reasonably likely impacts of 
climate change on the lesser prairie-chicken and its habitat.
    (7) Whether measures outlined in this revised proposed 4(d) special 
rule are necessary and advisable for the conservation and management of 
the lesser prairie-chicken.
    (8) Whether the provision related to the continuation of routine 
agricultural practices on existing cultivated lands should more clearly 
differentiate between row crop agriculture and other cropped areas, 
such as managed grasslands, forage, or other untilled crops.
    (9) Whether the provision related to the continuation of routine 
agricultural practices on existing cultivated lands should be revised 
to include spatial or temporal restrictions or deferments.
    (10) Additional provisions the Service may wish to consider for a 
4(d) special rule in order to conserve, recover, and manage the lesser 
prairie-chicken.
    If you previously submitted comments or information, please do not 
resubmit them. We have incorporated them into the public record and 
will fully consider them. We will consider all comments and information 
received during our preparation of a final determination on the status 
of the species and the 4(d) special rule. Accordingly, the final 
decision may differ from this proposal.
    Please note that comments merely stating support for or opposition 
to the actions 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 a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this revised 
proposed rule by one of the methods listed in ADDRESSES. We request 
that you send comments only by the methods described in ADDRESSES.

[[Page 4654]]

    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. 
Please include sufficient information with your comments to allow us to 
verify any scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this revised 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, Oklahoma Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Background

    On December 11, 2012, we published a proposed rule (77 FR 73827) to 
list the lesser prairie-chicken as a threatened species under the Act. 
On May 6, 2013, we published a proposed special rule (78 FR 26302) 
under authority of section 4(d) of the Act that provides measures that 
are necessary and advisable to provide for the conservation of the 
lesser prairie-chicken. We then published in the Federal Register on 
December 11, 2013 (78 FR 75306), a proposed revised 4(d) special rule 
to outline the prohibitions, and exceptions to those prohibitions, 
necessary and advisable for the conservation of the lesser prairie-
chicken. We are now reopening the comment period on the proposed rules 
to allow the public the opportunity to comment on the final Lesser 
Prairie-Chicken Range-Wide Conservation Plan, which was not available 
on the Web sites as stated in our December 11, 2013, Federal Register 
document.
    Since the time of the proposed listing rule and proposed 4(d) 
special rule, the Lesser Prairie-Chicken Interstate Working Group, in 
association with the Western Association of Fish and Wildlife Agencies, 
finalized the Lesser Prairie-Chicken Range-Wide Conservation Plan. On 
October 23, 2013, the Service announced our endorsement of the Lesser 
Prairie-Chicken Range-Wide Conservation Plan (dated October 2013) as a 
comprehensive conservation program that reflects a sound conservation 
design and strategy that, when implemented, will provide a net 
conservation benefit to the lesser prairie-chicken. We would like to 
consider the conservation measures in this plan in our final listing 
determination for the lesser prairie-chicken. As such, we are reopening 
the comment period to allow the public an opportunity to provide 
comment on the October 2013 plan as it applies to our determination of 
status under section 4(a)(1) of the Act, particularly comments or 
information to help us assess the certainty that the October 2013 
Lesser Prairie-Chicken Range-Wide Conservation Plan will be effective 
in conserving the lesser prairie-chicken and will be implemented. The 
final plan is available on the Internet in Docket No. FWS-R2-ES-2012-
0071 at http://www.regulations.gov.

Authority

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

    Dated: January 24, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-01786 Filed 1-28-14; 8:45 am]
BILLING CODE 4310-55-P