[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 644-645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28408]



Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2018-0105; 4500030113]
RIN 1018-BD85

Endangered and Threatened Wildlife and Plants; Threatened Species 
Status for the West Coast Distinct Population Segment of Fisher

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
reopening the comment period on our October 7, 2014, proposed rule to 
list the West Coast distinct population segment (DPS) of fisher 
(Pekania pennanti) as a threatened species. We are reopening the 
comment period for 30 days to give all interested parties further 
opportunity to comment on the proposed rule. Comments previously 
submitted need not be resubmitted as they are already incorporated into 
the public record and will be fully considered in the final rule.

DATES: The comment period for the proposed rule that published on 
October 7, 2014, at 79 FR 60419 is reopened. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES, 
below) must be submitted by 11:59 p.m. Eastern Time March 4, 2019.

ADDRESSES: Availability of documents: The proposed rule is available on 
http://www.regulations.gov in the original docket at Docket No. FWS-R8-
ES-2014-0041 and on our website at https://www.fws.gov/Yreka. Comments 
and materials we received during the previous comment periods, as well 
as supporting documentation we used in preparing the proposed rule, are 
also available for public inspection in that docket at http://www.regulations.gov. In addition, all comments, materials, and 
documentation that we considered regarding the proposed rule are 
available for public inspection, by appointment, during normal business 
hours, at the Yreka Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 1829 South Oregon Street, Yreka, CA 96097; telephone 530-842-
5763; facsimile 530-842-4517. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service (FRS) at 
    Comment submission: You may submit written comments on the proposed 
rule by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2018-0105, 
which is the docket number for this new stage of the rulemaking action. 
Then, click on the Search button. On the resulting page, in the Search 
panel on the left side of the screen, under the Document Type heading, 
check the Proposed Rule box 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: Docket No. FWS-R8-ES-2018-0105; U.S. Fish 
and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
    We request that you send comments only by the methods described 
above. See Information Requested, below, for more information on 
submitting comments on the proposed rule.

FOR FURTHER INFORMATION CONTACT: Jenny Ericson, Field Supervisor, U.S. 
Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 South 
Oregon Street, Yreka, CA 96097; telephone 530-842-5763; facsimile 530-
842-4517. Persons who use TDD may call the FRS at 800-877-8339.



    On October 7, 2014, we published in the Federal Register a proposed 
rule (79 FR 60419) to list the West Coast DPS of fisher as a threatened 
species under the

[[Page 645]]

Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). On April 18, 2016, we published a document in the Federal 
Register withdrawing the proposed rule to list the West Coast DPS of 
fisher (81 FR 22710), concluding that the stressors acting upon the DPS 
were not of sufficient imminence, intensity, or magnitude to indicate 
that they were singly or cumulatively resulting in significant impacts 
at either the population or rangewide scales.
    On October 19, 2016, the Center for Biological Diversity, 
Environmental Protection Information Center, Klamath-Siskiyou Wildlands 
Center, and Sierra Forest Legacy filed a complaint for declaratory and 
injunctive relief, alleging that our determination on the West Coast 
DPS of fisher violated the Act. By Order Re: Summary Judgment issued on 
September 21, 2018, the District Court for the Northern District of 
California vacated the listing withdrawal and remanded the Service's 
final determination for reconsideration. The Court's amended order 
directs the Service to prepare a new determination by September 21, 
    Additional information on Federal actions concerning the West Coast 
DPS of fisher prior to October 7, 2014, is outlined in the proposed 
listing rule (79 FR 60419).

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing for the West Coast DPS 
of fisher that was published in the Federal Register on October 7, 2014 
(79 FR 60419). We will consider information and recommendations from 
all interested parties. We intend that any final action resulting from 
the proposal be as accurate as possible and based on the best available 
scientific and commercial data.
    We are particularly interested in new information and comments 
    (1) Information related to anticoagulant rodenticides and other 
toxicants, including law enforcement information and trend data.
    (2) Information regarding population trend studies or data for the 
West Coast DPS of fisher, including information regarding areas that 
have been surveyed compared to areas that have not been surveyed, as 
well as all positive and negative survey results to help us assess 
distribution and population trends.
    (3) Information regarding the threat of wildfire, including studies 
or information pertaining to current and future trends in wildfire 
frequency and severity, as well as information pertaining to the 
immediate response of fishers to post-fire landscapes in the West Coast 
DPS of fisher.
    (4) Information regarding any threats related to small population 
size and isolation relevant to the West Coast DPS of fisher (e.g., low 
reproductive capacity, inbreeding depression, demographic and 
environmental stochasticity).
    (5) Information regarding any effects of ongoing and widespread 
tree mortality in the Sierra Nevada range on the West Coast DPS of 
    (6) Information regarding any conservation efforts designed to 
benefit the West Coast DPS of fisher that have been planned or 
implemented since the October 7, 2014, proposed rule.
    As indicated under SUMMARY, above, if you previously submitted 
comments or information on the October 7, 2014, proposed rule, please 
do not resubmit them. We have incorporated previously submitted 
comments into the public record, and we will fully consider them in the 
preparation of our final determination. Our final determination 
concerning the proposed listing will take into consideration all 
written comments and any additional information we receive, including 
any new scientific and commercial information available since April 18, 
2016 (81 FR 22710).
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send 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 website. 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.


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

    Dated: December 7, 2018.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising 
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-28408 Filed 1-30-19; 8:45 am]