Federal Register - January 4, 2021
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Source: Federal Register
192
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR6ES20190026;
FXES11130900000201FF09E22000
RIN 1018BD48
Endangered and Threatened Wildlife and Plants; Reclassification of the Endangered June Sucker to Threatened With a Section 4d Rule Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and Wildlife Service Service, are reclassifying the June sucker Chasmistes liorus from endangered to threatened under the Endangered Species Act of 1973, as amended Act, due to substantial improvements in the species overall status since its original listing as endangered in 1986. This action is based on a thorough review of the best scientific and commercial data available, which indicates that the June sucker no longer meets the definition of an endangered species under the Act.
The June sucker will remain protected as a threatened species under the Act.
We are also finalizing a rule under section 4d of the Act that provides for the conservation of the June sucker.
DATES: This rule is effective February 3, 2021.
ADDRESSES: This final rule, supporting documents we used in preparing this rule, and public comments we received are available on the internet at http
www.regulations.gov at Docket No.
FWSR6ES20190026. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
FOR FURTHER INFORMATION CONTACT:
Yvette Converse, Field Supervisor, telephone: 8019753330. Direct all questions or requests for additional information to: JUNE SUCKER
QUESTIONS, U.S. Fish and Wildlife Service, Utah Ecological Services Field Office, 2369 Orton Circle, Suite 50, West Valley City, UT 84119. Persons who use a TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Executive Summary Why we need to publish a rule. Under the Act, if a species is determined to no longer be an endangered or threatened species, we may reclassify the species or remove it from the Federal Lists of Endangered and Threatened Wildlife
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and Plants due to recovery. A species is an endangered species for purposes of the Act if it is in danger of extinction throughout all or a significant portion of its range and is a threatened species if it is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act does not define the term foreseeable future. However, we consider foreseeable future as that period of time within which a reasonable prediction can be relied upon in making a determination about the future conservation status of a species. We are reclassifying June sucker from endangered to threatened i.e., downlisting because we have determined that the species is no longer in danger of extinction throughout all or a significant portion of its range.
Downlisting a species can only be completed by issuing a rule.
The basis for our action. Under the Act, we can determine that a species is an endangered or threatened species based on any one or more of the following five factors or the cumulative effects thereof: 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. Based on an assessment of the best available information regarding the status of and threats to June sucker, we have determined that the species no longer meets the definition of endangered under the Act, but does meet the definition of threatened. The 4d rule provides exceptions to take prohibitions for activities that will further recovery of the species.
This final rule recognizes that based on the best available science, June sucker no longer meets the definition of an endangered species, but will remain protected as a threatened species under the Act. This progress towards recovery is a result of conservation efforts implemented by stakeholders.
Collaborative conservation efforts have reduced the intensity of threats to the species and improved its population numbers. The 4d rule will accommodate recovery activities such as non-native control efforts, habitat restoration, monitoring, research, stocking, and refuge maintenance.
Previous Federal Actions On March 31, 1986, we published in the Federal Register 51 FR 10851 the final rule listing June sucker as an endangered species and designating
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critical habitat comprising the lower 4.9
miles mi 7.8 kilometers km of the Provo River in Utah County, Utah.
On November 13, 2001, we published in the Federal Register 66 FR 56840 a notice formally declaring our intention to participate in the multi-agency June Sucker Recovery Implementation Program JSRIP in partnership with the U.S. Bureau of Reclamation USBR, Utah Reclamation Mitigation and Conservation Commission URMCC, the Department of the Interior DOI, State of Utah Department of Natural Resources UDNR, the Central Utah Water Conservancy District CUWCD, Provo River Water Users Association, Provo Reservoir Water Users Company, and outdoor interest groups. The JSRIP
was designed to implement recovery actions for the June sucker and facilitate resolution of conflicts associated with June sucker recovery in the Utah Lake and Provo River basins in Utah. We have participated in the JSRIP since this time and remain an active program member.
On November 26, 2019, we published in the Federal Register 84 FR 65080 a proposed rule to reclassify June sucker from endangered to threatened i.e., to downlist the species on the List of Endangered and Threatened Wildlife List. Please refer to that proposed rule for a detailed description of the Federal actions concerning this species that occurred prior to November 26, 2019.
Species Information It is our intent to discuss only those topics directly related to downlisting June sucker in this rule. The citations represent only the sources required to support this action or to provide context for it, and are not the sum total of all literature pertaining to the species. For more information on the description, biology, ecology, and habitat of the species, please refer to the final listing rule published in the Federal Register on March 31, 1986 51 FR 10851, and the species recovery plan Service 1999, as well as the materials cited in this rule. These documents will be available as supporting materials on http www.regulations.gov under Docket No. FWSR6ES20190026.
In our analysis, we identify the species ecological requirements for survival and reproduction using the concepts of resiliency, redundancy, and representation the 3Rs. Resiliency is the ability of a species to withstand environmental and demographic stochastic events the natural range of favorable and unfavorable conditions. It is associated with population size, growth rate, and habitat quality.
Redundancy is the ability of a species to
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