[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19953-19954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08275]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2014-0041; 4500030113]
RIN 1018-BA05


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Threatened Status for the West 
Coast Distinct Population Segment of Fisher

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 a 
6-month extension of the final determination of whether to list the 
West Coast distinct population segment (DPS) of fisher (Pekania 
pennanti) as a threatened species. We also reopen the comment period on 
the proposed rule to list the species for an additional 30 days. We are 
taking this action based on substantial disagreement regarding 
available information related to toxicants and rodenticides (including 
law enforcement information and trend data) and related to surveyed 
versus unsurveyed areas (including data on negative survey results) to 
help assess distribution and population trends. 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. We 
will submit a final listing determination to the Federal Register on or 
before April 7, 2016.

DATES: We will accept comments received or postmarked on or before May 
14, 2015. If you comment using the Federal eRulemaking Portal (see 
ADDRESSES), you must submit your comments by 11:59 p.m. Eastern Time on 
the closing date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. In the 
Search box, enter the docket number for this proposed rule, which is 
FWS-R8-ES-2014-0041. Then click on the Search button. You may submit a 
comment by clicking on ``Comment Now!'' Please ensure that you have 
found the correct rulemaking before submitting your comment.
    (2) U.S. mail or hand delivery: Public Comments Processing, Attn: 
Docket No. FWS-R8-ES-2014-0041; U.S. Fish and Wildlife Service, MS: 
BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin Williams, 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 a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: 

Background

    On October 7, 2014, we published a proposed rule (79 FR 60419) to 
list the West Coast DPS of fisher as a threatened species under the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). That proposal had a 90-day comment period, ending January 5, 
2015. On December 23, 2014, we extended the proposal's comment period 
for an additional 30 days, ending February 4, 2015 (79 FR 76950). For a 
description of previous Federal actions concerning the West Coast DPS 
of fisher, please refer to the October 7, 2014, proposed listing rule 
(79 FR 60419). We also solicited and received independent scientific 
review of the information contained in the proposed rule from peer 
reviewers with expertise in the West Coast DPS of fisher or similar 
species biology, in accordance with our July 1, 1994, peer review 
policy (59 FR 34270).
    Section 4(b)(6) of the Act and its implementing regulations at 50 
CFR 424.17(a) require that we take one of three actions within 1 year 
of a proposed listing and concurrent proposed designation of critical 
habitat: (1) Finalize the proposed rule; (2) withdraw the proposed 
rule; or (3) extend the final determination by not more than 6 months, 
if there is substantial disagreement regarding the sufficiency or 
accuracy of the available data relevant to the determination.
    Since the publication of the October 7, 2014, proposed listing 
rule, there has been substantial disagreement regarding available 
information related to toxicants and rodenticides (including law 
enforcement information and trend data) and related to surveyed versus 
unsurveyed areas (including data on negative survey results) to help 
assess distribution and population trends.
    We find that there is substantial scientific uncertainty and 
disagreement about certain data relevant to our listing determination. 
Therefore, in consideration of these disagreements, we have determined 
that a 6-month extension of the final determination for this rulemaking 
is necessary, and we are hereby extending the final determination for 6 
months in order to solicit and consider additional information that 
will help to clarify these issues and to fully analyze data that are 
relevant to our final listing determination. With this 6-month 
extension, we will make a final determination on the proposed rule no 
later than April 7, 2016.

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.
    In consideration of the scientific disagreements about certain 
data, we are particularly interested in new information and comments 
regarding:
    (1) Information related to toxicants and rodenticides (including 
law enforcement information and trend data);
    (2) Information regarding areas that have been surveyed compared to 
areas that have not been surveyed. We are also interested in negative 
survey results to help assess distribution and population trends.
    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.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in the ADDRESSES section above. We 
request that you send comments only by the methods described in the 
ADDRESSES section.

[[Page 19954]]

    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, 
Yreka Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). 
You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2014-0041. Copies of the 
proposed rule are also available at http://www.fws.gov/cno/es/fisher/.

Authority

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

    Dated: March 26, 2015.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-08275 Filed 4-13-15; 8:45 am]
 BILLING CODE 4310-55-P