Je veux savoir à propos de…

Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules a species occurring primarily outside the jurisdiction of the United States;
iv No areas meet the definition of critical habitat; or v The Secretary otherwise determines that designation of critical habitat would not be prudent based on the best scientific data available.
As discussed in the SSA Report Service 2018, p. 50, there is currently no imminent threat of collection or vandalism identified under Factor B for this species, and identification and mapping of critical habitat is not expected to initiate any such threat. In our SSA and the above proposed listing determination for the Penasco least chipmunk, we determined that the present or threatened destruction, modification, or curtailment of habitat or range is a threat to the Penasco least chipmunk and that those threats in some way can be addressed by section 7a2 consultation measures. The species occurs wholly in the jurisdiction of the United States and we are able to identify areas that meet the definition of critical habitat. Therefore, because none of the circumstances enumerated in our regulations at 50 CFR 424.12a1 have been met and because there are no other circumstances the Secretary has identified for which this designation of critical habitat would be not prudent, we have determined that the designation of critical habitat is prudent for the Penasco least chipmunk.
Critical Habitat Determinability Having determined that designation is prudent, under section 4a3 of the Act we must find whether critical habitat for the Penasco least chipmunk is determinable. Our regulations at 50 CFR
424.12a2 state that critical habitat is not determinable when one or both of the following situations exist:
i Data sufficient to perform required analyses are lacking, or ii The biological needs of the species are not sufficiently well known to identify any area that meets the definition of critical habitat.
When critical habitat is not determinable, the Act allows the Service an additional year to publish a critical habitat designation 16 U.S.C.
1533b6Cii.
We reviewed the available information pertaining to the biological needs of the species and habitat characteristics where the species is located. This and other information represent the best scientific data available and led us to conclude that the designation of critical habitat is determinable for the Penasco least chipmunk.

VerDate Sep<11>2014

16:08 Sep 27, 2021

Jkt 253001

Physical or Biological Features Essential to the Conservation of the Species In accordance with section 35Ai of the Act and regulations at 50 CFR
424.12b, in determining which areas we will designate as critical habitat from within the geographical area occupied by the species at the time of listing, we consider the physical or biological features that are essential to the conservation of the species and that may require special management considerations or protection. The regulations at 50 CFR 424.02 define physical or biological features essential to the conservation of the species as the features that occur in specific areas and that are essential to support the lifehistory needs of the species, including but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic, or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity.
For example, physical features essential to the conservation of the species might include gravel of a particular size required for spawning, alkaline soil for seed germination, protective cover for migration, or susceptibility to flooding or fire that maintains necessary early-successional habitat characteristics. Biological features might include prey species, forage grasses, specific kinds or ages of trees for roosting or nesting, symbiotic fungi, or a particular level of nonnative species consistent with conservation needs of the listed species. The features may also be combinations of habitat characteristics and may encompass the relationship between characteristics or the necessary amount of a characteristic essential to support the life history of the species.
In considering whether features are essential to the conservation of the species, the Service may consider an appropriate quality, quantity, and spatial and temporal arrangement of habitat characteristics in the context of the life-history needs, condition, and status of the species. These characteristics include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or
PO 00000

Frm 00029

Fmt 4702

Sfmt 4702

53595

shelter; sites for breeding, reproduction, or rearing or development of offspring;
and habitats that are protected from disturbance.
We derive the specific physical or biological features essential for the Penasco least chipmunk from studies of the species habitat, ecology, and life history. Penasco least chipmunk habitat is characterized as high-elevation subalpine habitat in the White Mountains, composed of Thurbers fescue Festuca thurberi meadows, where rock outcrops or talus are present Frey and Hays 2017, p. 34. Subalpine Thurbers fescue meadow/grassland community occurs within openings in high-elevation spruce-fir forest and above tree line in the glacial cirque.
These Thurbers fescue grasslands contain tall bunchgrasses, including Thurbers fescue, sedges, flowering forbs, and shrubs Frey and Hays 2017, pp. 23. Bunchgrasses and forbs provide cover from predators. The elevation of subalpine habitat in the White Mountains ranges from 2,500 m to 3,597 m 8,200 ft to 11,800 ft. Forage for Penasco least chipmunks consists of the seeds and flowers of forbs, particularly species of Asteraceae Frey and Hays 2017, p. 34. The diet also includes flowers and fruits of gooseberry Ribes spp. and wild strawberry Fragaria spp., pinyon Pinus edulis nuts, Gambel oak Quercus gambelii acorns, insects, and other items Sullivan 1993, p. 3.
The Penasco least chipmunk is likely extirpated from the Sacramento Mountains, and the habitat no longer supports the species; therefore, we did not include the Sacramento Mountains in our critical habitat designation or analysis of physical or biological features. The habitat occupied by Penasco least chipmunks is different for the subspecies in the White Mountains versus the Sacramento Mountains. A
full description of the needs of individuals, populations, and the species is available in the SSA report.
Summary of Essential Physical or Biological Features In summary, we derive the specific physical or biological features essential to the conservation of Penasco least chipmunk from studies of this species habitat, ecology, and life history as described in the Background portion of this rule, above. Additional information can be found in the SSA Report Service 2018 available on the internet at https www.regulations.gov under Docket No. FWSR2ES20200042.
We have determined that the following physical or biological features are
E:FRFM28SEP1.SGM

28SEP1