Quiero saber acerca de...

41744

Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

this rule as the Sierra Nevada DPS. The Sierra Nevada red fox is a small mammal occurring in California and Oregon, with the Sierra Nevada DPS of this broader taxon inhabiting the highest elevations of the Sierra Nevada mountain range in California. This rule adds the Sierra Nevada DPS of Sierra Nevada red fox to the List of Endangered and Threatened Wildlife.
DATES: This rule is effective September 2, 2021.
ADDRESSES: This final rule is available on the internet at http
www.regulations.gov under Docket No.
FWSR8ES20190006. Comments and materials we received, as well as supporting documentation we used in preparing this rule, are available for public inspection at http
www.regulations.gov under Docket No.
FWSR8ES20190006.
FOR FURTHER INFORMATION CONTACT:
Michael Fris, Field Supervisor, U.S.
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W2605, Sacramento, California 95825; telephone 916414
6700. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
Executive Summary Why we need to publish a rule. Under the Endangered Species Act, a species may warrant protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule.
What this document does. This rule will finalize listing the Sierra Nevada DPS of the Sierra Nevada red fox Vulpes necator Sierra Nevada DPS as an endangered species under the Endangered Species Act. This rule adds the Sierra Nevada DPS to the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations at 50 CFR 17.11h.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species because of any of five factors: 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. We have determined that the Sierra Nevada DPS faces the following threats: 1

VerDate Sep<11>2014

16:19 Aug 02, 2021

Jkt 253001

Deleterious impacts associated with small population size, such as inbreeding depression and reduced genomic integrity Factor E; 2
hybridization with nonnative red fox Factor E; and possibly 3 reduced prey availability and competition with coyotes resulting from reduced snowpack levels Factor E. Existing regulatory mechanisms and conservation efforts do not address the threats to the Sierra Nevada DPS to the extent that listing the DPS is not warranted Factor D.
Section 4a3 of the Act requires the Secretary of the Interior Secretary to designate critical habitat concurrent with listing to the maximum extent prudent and determinable. In this case, we have found that the designation of critical habitat for the Sierra Nevada DPS is not prudent.
Peer review and public comment.
During the proposed rule stage, we sought the expert opinions of five appropriate specialists regarding the species status assessment SSA report.
We received responses from two specialists, which informed our determination. We also considered all comments and information received from the public during the comment period.
Previous Federal Actions On January 8, 2020, we published a proposed rule in the Federal Register 85 FR 862 to list the Sierra Nevada DPS as an endangered species under the Act 16 U.S.C. 1531 et seq.. Please refer to that proposed rule for a detailed description of previous Federal actions concerning this DPS, which we refer to as a species or subspecies in this rule, in accordance with the Acts definition of species at 16 U.S.C.
153216.
Summary of Changes From the Proposed Rule In preparing this final rule, we reviewed and fully considered comments from the public on the proposed rule. We did not make any substantive changes to this final rule after consideration of the comments we received. We did update some biological and threats information based on comments and some additional information provided, as follows: 1 We made several nonsubstantive clarifications and corrections including addition of information related to potential snowmobiling impacts in the Species Information and Summary of Biological Status and Threats sections of this rule in order to ensure better consistency, clarify some information, and update or add new references; 2

PO 00000

Frm 00046

Fmt 4700

Sfmt 4700

we included additional information we received regarding observations of Sierra Nevada DPS detections and population size across its range; and 3
we added a summary discussion of the threat of habituation to humans and human-based food sources in this rule, which was based on additional information provided by a commenter.
However, the information we received during the comment period for the proposed rule did not change our previous analysis of the magnitude or severity of threats facing the DPS.
Supporting Documents A species status assessment SSA
team prepared an SSA report for the Sierra Nevada DPS Service 2018, entire. The SSA team was composed of Service biologists, in consultation with other species experts. The SSA report represents a compilation of the best scientific and commercial data available concerning the status of the DPS, including the impacts of past, present, and future factors both negative and beneficial affecting the species.
In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 59 FR 34270, and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we sought peer review of the SSA
report. The Service sent the SSA report to five independent peer reviewers and received two responses. 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 the biology, habitat, and threats to the species. The Service also sent the SSA report to five agency partners and three Tribes, including scientists with expertise in the Sierra Nevada DPS, conservation biology, and forest management, for review. We received reviews from five partners: The fish and wildlife agencies of California and Nevada, the National Park Service, the U.S. Forest Service USFS, and the U.S. Marine Corps.
Final Listing Determination Background A thorough review of the taxonomy, life history, ecology, and overall viability of the Sierra Nevada DPS is presented in the SSA report Service 2018; available at http
www.regulations.gov. This report summarizes the relevant biological data and a description of past, present, and likely future stressors, and presents an analysis of the viability of the Sierra Nevada DPS. The SSA report documents
E:FRFM03AUR1.SGM

03AUR1