[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Proposed Rules]
[Page 18515-18516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-17]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI72
Endangered and Threatened Wildlife and Plants; Reopening of the
Public Comment Period for the Determination of Distinct Vertebrate
Population Segment for the California Gnatcatcher (Polioptila
californica)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of public comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period for the proposed determination
of a distinct vertebrate population segment for the California
gnatcatcher (Polioptila californica). The comment period will provide
the public, and Federal, State, and local agencies and Tribes with an
opportunity to submit written comments on the proposal. Comments
previously submitted for this proposal need not be resubmitted as they
have already been incorporated into the public record and will be fully
considered in any final decision.
DATES: The original comment period closed on June 23, 2003. The public
comment period for this proposal is now reopened, and we will accept
comments and information until 5 p.m. May 24, 2004. Any comments
received after the closing date may not be considered in the final
decisions on these actions.
ADDRESSES: Written comments and materials may be submitted to us by any
one of the following methods:
1. You may submit written comments and information to the Field
Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road,
Carlsbad, CA 92009.
2. You may hand-deliver written comments and information to our
Carlsbad Fish and Wildlife Office at the above address, or fax your
comments to 760/431-9618.
Comments and materials received, as well as supporting
documentation used in preparation of the proposed determination of
distinct vertebrate population segment for the California gnatcatcher,
will be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office, at the above address (telephone 760/431-9440;
facsimile 760/431-9618).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit comments or suggestions from the public, other concerned
governmental agencies, Tribes, the scientific community, industry, or
any other interested parties concerning our proposed determination of
distinct vertebrate population segment for the California gnatcatcher,
and on the taxonomic status of the gnatcatcher.
With respect to our consideration of listing of the California
gnatcatcher species north of the international border as a distinct
vertebrate population segment (DPS), we are particularly soliciting
comments on the following:
(1) Do the recent genetic findings referenced in this report
justify a review of the taxonomy of the California gnatcatcher?
(2) Is there any other new information that we should consider in
this context?
In our consideration of the U.S. population of the California
gnatcatcher as a DPS, we have presented a proposed five factor analysis
of the status of the U.S. population. With respect to this analysis, we
are particularly soliciting information on the following:
(1) Existing populations of the California gnatcatcher, including
the coastal California gnatcatcher subspecies, within its range in the
United States;
(2) Existing populations of the California gnatcatcher, including
the coastal California gnatcatcher subspecies, in Mexico;
(3) Information on the regulatory authorities available for the
protection of the California gnatcatcher in Mexico;
(4) Information on the adequacy of regulatory authorities available
to protect coastal California gnatcatcher habitat in California absent
the application of the Act;
(5) Ways in which the California gnatcatcher exists in the U.S. or
throughout the range of the coastal California gnatcatcher subspecies,
in an ecological setting that is unusual or unique compared to the
California gnatcatcher generally; and
(6) Any other information that we should consider in our review of
the species' taxonomy.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
There also may be circumstances in which we would withhold a
respondent's identity, as allowable by law. If you wish us to withhold
your name and/or address, you must state this prominently at the
beginning of your comments. However, we will not consider anonymous
comments. To the extent consistent with applicable law, we will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments received will be available for public inspection, by
appointment, during normal business hours at the above address.
Background
On April 24, 2003, we published a proposed rule in the Federal
Register (68 FR 20228) to designate critical habitat for the coastal
California gnatcatcher subspecies and propose our determination of a
distinct vertebrate population segment for the California gnatcatcher.
In today's Federal Register, we also reopened the comment period on the
proposed designation of critical habitat. By this notice we are
reopening the comment period on the proposed determination of the DPS
for the California gnatcatcher. We intend to proceed to finalize these
two rulemakings separately.
A recent scientific paper (Zink, R.M., G.F. Barrowclough, J. L.
Atwood, and R.C. Blackwell-Rago. 2000. Genetics, taxonomy, and
conservation of the threatened California gnatcatcher. Conservation
Biology 14(5):1394-1405) presents results of genetic research on the
California gnatcatcher and calls into question the status of the
coastal California gnatcatcher as a separate subspecies. This paper
presents a contradictory view to previously published taxonomic reviews
of the species. However, Atwood's research supported the original
listing of the gnatcatcher. Zink et al. (2000) analyzed the genetic
structure of California gnatcatcher populations throughout the range by
looking for variation in the mitochondrial DNA (mtDNA) control region
and three mtDNA genes. Their analysis found genetic structuring
[[Page 18516]]
inconsistent with that of a geographically distinct subspecies. The
authors presented their data as evidence that the species is expanding
its range from a southern Baja California, Mexico, refugium northward
into the southern coastal regions of California. The authors argue that
morphological variations previously described in taxonomic treatments
were not genetically based, and therefore, subspecific divisions of the
species are not supported by the genetic studies conducted by the
researchers.
Zink et al. (2000) present important new information concerning
genetic variability within the California gnatcatcher. Given the
uncertainty regarding California gnatcatcher taxonomy that this paper
introduces, we have initiated an evaluation to determine whether
populations of the California gnatcatcher (Polioptila californica)
species in the United States meet the definition of a DPS pursuant to
our 1996 joint U.S. Fish and Wildlife Service and National Marine
Fisheries Service Policy Regarding the Recognition of Distinct
Vertebrate Populations (61 FR 4722).
We are reopening the comment period to allow all interested parties
to comment on these issues.
References Cited
A complete list of all references cited herein, as well as others
used in the development of the proposed DPS, are available upon request
from the Carlsbad Fish and Wildlife Office (see ADDRESSES section).
Author
The primary authors of this notice are the staff of the Carlsbad
Fish and Wildlife Office (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: March 26, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-7993 Filed 4-7-04; 8:45 am]
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