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Department of the Interior Fish and Wildlife Service Tuesday, July 29, 2008 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Proposed Rule VerDate Aug<31>2005 17:08 Jul 28, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29JYP3.SGM 29JYP3 pwalker on PROD1PC71 with PROPOSALS3 44062 Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Proposed Rules DEPARTMENT OF THE INTERIOR [email protected]. Comments but precluded. A warranted-but- and supporting information will be precluded finding on a petition to list Fish and Wildlife Service available for public inspection, by means that listing is warranted, but that appointment, Monday through Friday the immediate proposal and timely 50 CFR Part 17 from 8 a.m. to 4 p.m. at the above promulgation of a final regulation is address. precluded by higher priority listing [96000–1671–0000–B6] FOR FURTHER INFORMATION CONTACT: actions. In making a warranted-but Endangered and Threatened Wildlife Mary M. Cogliano, PhD, at the above precluded finding under the Act, the and Plants; Annual Notice of Findings address or by telephone 703–358–1708; Service must demonstrate that on Resubmitted Petitions for Foreign fax, 703–358–2276; or e-mail, expeditious progress is being made to Species; Annual Description of [email protected]. add and remove species from the lists of Progress on Listing Actions endangered and threatened wildlife and SUPPLEMENTARY INFORMATION: plants. AGENCY: Fish and Wildlife Service, Background Pursuant to section 4(b)(3)(C)(i) of the Interior. Act, when, in response to a petition, we The Endangered Species Act of 1973, ACTION: Notice of review. find that listing a species is warranted as amended (Act) (16 U.S.C. 1531 et but precluded, we must make a new 12- seq.), provides two mechanisms for SUMMARY: In this notice of review, we month finding annually until we considering species for listing. First, we announce our annual petition findings publish a proposed rule or make a can identify and propose for listing for foreign species, as required under determination that listing is not those species that are endangered or section 4(b)(3)(C)(i) of the Endangered warranted. These subsequent 12-month threatened based on the factors Species Act of 1973, as amended. When, findings are referred to as ‘‘resubmitted’’ contained in section 4(a)(1). We in response to a petition, we find that petition findings. This notice contains implement this through the candidate listing a species is warranted but our resubmitted petition findings for all program. Candidate taxa are those taxa precluded, we must complete a new foreign species previously described in for which we have sufficient status review each year until we publish the 2007 Notice of Review (72 FR information on file relating to biological a proposed rule or make a determination 20184) and that are currently the subject vulnerability and threats to support a that listing is not warranted. These of outstanding petitions. proposal to list the taxa as endangered subsequent status reviews and the or threatened, but for which preparation Previous Notices accompanying 12-month findings are and publication of a proposed rule is referred to as ‘‘resubmitted’’ petition The species discussed in this notice precluded by higher-priority listing findings. were the result of three separate actions. None of the species covered by Information contained in this notice petitions submitted to the U.S. Fish and this notice were assessed through the describes our status review of 50 foreign Wildlife Service (Service) to list a candidate program; they were the result taxa that were the subjects of previous number of foreign bird and butterfly of public petitions to add species to the warranted-but-precluded findings, most species as threatened or endangered Lists of Endangered and Threatened recently summarized in our 2007 Notice under the Act. We received petitions to Wildlife and Plants (Lists), which is the of Review (72 FR 20184). Based on our list foreign bird species on November other mechanism for considering current review, we find that 20 species 24, 1980, and May 6, 1991 (46 FR 26464 species for listing. and 56 FR 65207, respectively). On (see Table 1) continue to warrant listing, Under section 4(b)(3)(A) of the Act, but that their listing remains precluded January 10, 1994, we received a petition when we receive a listing petition, we to list 7 butterfly species as threatened by higher-priority listing actions. For 30 must determine within 90 days, to the species previously found to be or endangered (59 FR 24117). maximum extent practicable, whether We took several actions on these warranted but precluded, the petitioned the petition presents substantial petitions. To notify the public on these action is now warranted. We will scientific or commercial information actions, we published petition findings, promptly publish listing proposals for indicating that the petitioned action listing rules, status reviews, and petition those 30 species (see Table 1). may be warranted (90-day finding). If finding reviews that included foreign With this annual notice of review we make a positive 90-day finding, we species in the Federal Register on May (ANOR), we are requesting additional are required to promptly commence a 12, 1981 (46 FR 26464); January 20, status information for the 20 taxa that review of the status of the species, 1984 (49 FR 2485); May 10, 1985 (50 FR remain warranted but precluded by whereby, in accordance with section 19761); January 9, 1986 (51 FR 996); higher priority listing actions. We will 4(b)(3)(B) of the Act we must make one July 7, 1988 (53 FR 25511); December consider this information in preparing of three findings within 12 months of 29, 1988 (53 FR 52746); April 25, 1990 listing documents and future the receipt of the petition (12-month (55 FR 17475); September 28, 1990 (55 resubmitted petition findings for these finding). The first possible 12-month FR 39858); November 21, 1991 (56 FR 20 taxa. This information will also help finding is that listing is not warranted, 58664); December 16, 1991 (56 FR us to monitor the status of the taxa and in which case we need not take any 65207); March 28, 1994 (59 FR 14496); in conserving them. further action on the petition. The May 10, 1994 (59 FR 24117); January 12, DATES: We will accept comments on second possibility is that we may find 1995 (60 FR 2899); and May 21, 2004 these resubmitted petition findings at that listing is warranted, in which case (69 FR 29354). Our most recent review any time. we must promptly publish a proposed of petition findings was published on ADDRESSES: Submit any comments, rule to list the species. Once we publish April 23, 2007 (72 FR 20184). information, and questions by mail to a proposed rule for a species, sections Since our last review of petition the Chief, Division of Scientific 4(b)(5) and 4(b)(6) govern further findings, we have taken two listing Authority, U.S. Fish and Wildlife procedures, regardless of whether or not actions related to this notice (see Service, 4401 N. Fairfax Drive, Room we issued the proposal in response to Preclusion and Expeditious Progress 110, Arlington, Virginia 22203; by fax to the petition. The third possibility is that section for additional listing actions that 703–358–2276; or by e-mail to we may find that listing is warranted were not related to this notice). On VerDate Aug<31>2005 17:08 Jul 28, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29JYP3.SGM 29JYP3 pwalker on PROD1PC71 with PROPOSALS3 Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Proposed Rules 44063 December 17, 2007, we published a rufous-vented ground-cuckoo identify the taxa for which we find that proposed rule to list 6 species of foreign (Neomorphus geoffroyi dulcis), listing is warranted but precluded by a Procellariids under the Act (72 FR Margaretta’s hermit (Phaethornis ‘‘C’’ in the category column, referring to 71298). We also published a final rule malaris margarettae), black-breasted these taxa as ‘‘candidates’’ under the on January 16, 2008, to list 6 foreign puffleg (Eriocnemis nigrivestis), Chilean Act. The other category is for those bird species as endangered under the woodstar (Eulidia yarrellii), Esmeraldas species for which we find that proposed Act (73 FR 3146). woodstar (Chaetocerus berlepschi), listing is warranted, and we designate royal cinclodes (Cinclodes aricomae), Findings on Resubmitted Petitions these taxa with a ‘‘P,’’ indicating that white-browed tit-spinetail proposed rules to list these taxa under This notice describes our resubmitted (Leptasthenura xenothorax), black- the Act will be published promptly. The petition findings for 50 foreign species hooded antwren (Formicivora column labeled ‘‘Priority’’ indicates the for which we had previously found erythronotos), fringe-backed fire-eye LPN for all taxa for which proposed proposed listing to be warranted but (Pyriglena atra), brown-banded antpitta listing is warranted but precluded. precluded. We have considered all of (Grallaria milleri), Kaempfer’s tody- Following the scientific name of each the new information that we have tyrant (Hemitriccus kaempferi), ash- taxon (third column) is the family obtained since the previous findings, breasted tit-tyrant (Anairetes alpinus), designation (fourth column) and the and we have updated the listing priority Peruvian plantcutter (Phytotoma common name, if one exists (fifth number (LPN) of each taxon for which raimondii), St. Lucia forest thrush column). The sixth column provides the proposed listing continues to be (Cichlherminia herminieri known historic range for the taxon.
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