Quiero saber acerca de...

jbell on DSKJLSW7X2PROD with RULES

Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations we develop a recovery plan. For example, we agree that radio-collaring can provide important information, and at least one fox in the Sierra Nevada DPS has been radio-collared since publication of our proposed listing rule Stock and Eyes 2017, p. 21. We will take this and other information into consideration when we coordinate with partners and species experts, including the Sierra Nevada Working Group, to develop a conservation strategy for the entire subspecies and a recovery plan for the Sierra Nevada DPS.
16 Comment: One commenter indicated concern regarding the impact of listing the Sierra Nevada DPS on Federal timber sales conducted for fire management.
Our Response: We do not expect listing the Sierra Nevada red fox to have a significant impact on Federal timber sales conducted for fire management because most such sales are outside the range of the DPS. Most of that range is designated wilderness, where logging is not permitted. Most is also in alpine and subalpine habitats, where the scattered tree stands, thin soils, and small amounts of litter accumulation produce a relatively low fire risk Fites-Kaufman et al. 2007, p. 475. In contrast, most Federal and state fuels reduction efforts are conducted at lower elevations closer to urban areas van Wagtendonk et al.
2018, p. 271. Finally, any fuel reduction projects that do occur in the range of the DPS are likely to take place during summer months, after most of the snow has melted, and are thus less likely to impact springtime denning and pup raising. For any timber sales within the range of the Sierra Nevada DPS, we will coordinate with the Federal action agency through section 7 consultations to ensure projects minimize effects to the species while meeting fuels reduction goals.
17 Comment: One commenter stated that existing regulatory mechanisms, including hunting and trapping restrictions and USFS sensitive species status, are adequate to protect the Sierra Nevada DPS.
Our Response: The Sierra Nevada DPS
faces several threats that existing regulatory mechanisms are unlikely to adequately address, including inbreeding depression, loss of genetic distinctiveness through hybridization, impacts of deleterious events to small populations, and competition with coyotes. Existing regulatory mechanisms include:
Identification of the Sierra Nevada red fox including the Sierra Nevada DPS as a sensitive species by the USFS;
Inclusion of Sierra Nevada red fox protection measures in the Standards
VerDate Sep<11>2014

16:19 Aug 02, 2021

Jkt 253001

and Guidelines for the Sierra Nevada Forest Plan Amendment;
Prohibition of hunting and trapping in Yosemite;
Management of Yosemite and other national parks to preserve fundamental physical and biological processes, as well as individual species, features, and plant and animal communities NPS
2006, p. 26;
Completion of an INRMP for the MWTC, with provisions to minimize disturbance or habituation of Sierra Nevada DPS foxes;
Listing of the Sierra Nevada red fox as a threatened species under the California Endangered Species Act, which prohibits take of protected species; and Protection of red foxes throughout California from hunting and trapping 14 C.C.R. 460.
Many of these protections have been in place for decades throughout California, but the Sierra Nevada DPS
has nevertheless experienced low population numbers, currently estimated at 18 to 39 individuals see Demographics, above.
Determination of Sierra Nevada DPS
Status Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for determining whether a species meets the definition of endangered species or threatened species. The Act defines an endangered species as a species that is in danger of extinction throughout all or a significant portion of its range, and a threatened species as a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act requires that we determine whether a species meets the definition of endangered species or threatened species because of any of the following 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.
Status Throughout All of Its Range The Sierra Nevada DPS faces the following threats: Deleterious impacts associated with small population size including inbreeding depression and increased susceptibility to deleterious stochastic events Factor E, genetic swamping due to over-hybridization
PO 00000

Frm 00057

Fmt 4700

Sfmt 4700

41755

with nonnative red fox 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.
After evaluating these threats to the species and assessing the cumulative effect of the threats under the section 4a1 factors, and consideration of comments and new information received including updated population estimate information, we continue to determine that the Sierra Nevada DPS of the Sierra Nevada red fox is presently in danger of extinction throughout its range, and that endangered status is therefore appropriate. The threats discussed above, particularly threats associated with small population size, leave the DPS in danger of extinction throughout all of its range at the present time rather than likely to become endangered in the foreseeable future.
The DPS thus meets the definition of an endangered species rather than a threatened species.
The DPS is likely to face additional potential threats in the future. Climate projections indicate a continuing loss of snowpack depth Curtis et al. 2014, p.
9 and of the general subalpine habitat to which the Sierra Nevada DPS has adapted Lenihan et al. 2008, pp. S 219, S 221. This will likely lead to increased numbers of coyotes in high-elevation areas, and to increased competition between coyotes and Sierra Nevada DPS
foxes. White-tailed jackrabbit populations, an important food source, appear to be declining Simes et al.
2015. p. 506, and, if the trend continues, the resiliency of the Sierra Nevada DPS is likely to suffer. Numbers of both white-tailed jackrabbit and snowshoe hare also tend to fluctuate Simes et al. 2015, pp. 493, 505, which would tend to exacerbate the negative effects of deleterious chance events if those events coincide with periods of prey scarcity. As discussed above, recent interbreeding with immigrants from the Great Basin has helped alleviate low pup production that had resulted from inbreeding depression.
However, the population remains small so renewed inbreeding depression remains a threat, as does the increased susceptibility of small populations to deleterious stochastic events.
Our analysis of the DPSs current and future environmental and demographic conditions, as well as consideration of existing regulatory mechanisms and continued coordination with partners on conservation efforts as discussed under Available Conservation Measures, below, show that the factors used to determine the resiliency, representation,
E:FRFM03AUR1.SGM

03AUR1