41662 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules variation (Thomas 2009, pers. comm.). literature cited in the petition, and we Dated: August 6, 2009. Because of the reduction in genetic have evaluated the information to Jerome Ford, exchange it faces in the wild, the determine whether the sources cited Acting Director, U.S. Fish and Wildlife species is less capable of withstanding support the claims made in the petition Service. other environmental stressors like relating to the five listing factors. We [FR Doc. E9–19494 Filed 8–17–09; 8:45 am] drought, or climate change (Thomas also reviewed reliable information in BILLING CODE 4310–55–P 2009, pers. comm.). our files. Based on our evaluation of the We find that the petition does not information provided in the petition present substantial information that DEPARTMENT OF THE INTERIOR and in our files, we have determined listing may be warranted for nine that the petition presents substantial species: Washington duskysnail Fish and Wildlife Service information to indicate that listing of (Amnicola sp. 2), Camissonia exilis Sisyrinchium sarmentosum may be (Cottonwood Spring suncup), lake disc 50 CFR Part 17 warranted due to the present or (Discus brunsoni), Frasera gypsicola threatened destruction, modification, or [Docket No. FWS–R8–ES–2009–0044; (Sunnyside green-gentian), Lomatium 92210–1117–0000–FY09–B4] curtailment of its habitat or range latilobum (Canyonlands lomatium), resulting from development, livestock Lygodesmia doloresensis (Dolores river RIN 1018–AU23 trampling, plant succession, and skeletonplant), Drummond possibly ORV use; and due to other mountainsnail (Oreohelix sp. 4), Endangered and Threatened Wildlife natural or manmade factors affecting its Bitterroot mountainsnail (Oreohelix and Plants; Designation of Critical continued existence resulting from amariradix), and keeled mountainsnail Habitat for the Sonoma County Distinct genetic reduction, drought, and effects (Oreohelix carinifera). Population Segment of California Tiger of climate change. We find that the petition presents Salamander (Ambystoma Trifolium friscanum (Frisco clover) substantial scientific or commercial californiense) Trifolium friscanum is a narrow information that listing the remaining AGENCY: Fish and Wildlife Service, endemic with small populations 29 of the 38 species that we evaluated Interior. as threatened or endangered under the (Evenden 1998, p. 6). The two element ACTION: Proposed rule; public hearing occurrences are restricted to limestone Act may be warranted. Therefore, we are announcement. outcrops on Grampian Hill in Beaver initiating a status review to determine County, Utah (Evenden 1998, appendix whether listing these 29 species under SUMMARY: We, the U.S. Fish and C), and in the nearby Tunnel Spring the Act is warranted. Wildlife Service (Service), propose to Mountains (Evenden 1999, pp. 6–7). We previously determined that designate critical habitat for the Sonoma Estimates of the area of occupied habitat emergency listing of any of the 38 County distinct population segment vary from 30 ha (75 ac) (Evenden 1998, species is not warranted. However, if at (DPS) of the California tiger salamander appendix C; Evenden 1999, appendix B) any time we determine that emergency (Ambystoma californiense) under the to 225 ha (560 ac) (Kass 1992, pp. 7–8). listing of any of the species is Endangered Species Act of 1973, as Estimates of the species’ total warranted, we will initiate an amended (Act). In total, approximately population vary from 2,000 individuals emergency listing. 74,223 acres (30,037 hectares) are being (Kass 1992, p. 7) to approximately 3,500 The petitioners also request that proposed for designation as critical individuals (Evenden 1998, appendix C; critical habitat be designated for the habitat. The proposed critical habitat is Evenden 1999, appendix B). species concurrent with final listing located in Sonoma County, California. Factor A: Mineralized limestone under the Act. If we determine in our DATES: We will accept comments substrates that sustain the species were 12-month finding, following the status received or postmarked on or before historically subjected to habitat review of the species, that listing is October 19, 2009. We must receive destruction from precious metals warranted, we will address the requests for public hearings, in writing, mining. Over 80 percent of the species’ designation of critical habitat in the at the address shown in FOR FURTHER habitat is located on lands having subsequent proposed rule. INFORMATION CONTACT by October 2, private, patented mining claims 2009. (Evenden 1998, p. 9; Kass 1992, p. 9). References Cited Factors B, C, D, and E: No information ADDRESSES: You may submit comments A complete list of references cited is was presented in the petition by one of the following methods: available on the Internet at Docket No. • concerning threats to this species from Federal eRulemaking Portal: http:// FWS–R2–ES–2008–0131 at http:// the factors. www.regulations.gov. Follow the Based on our evaluation of the www.regulations.gov and upon request instructions for submitting comments to information provided in the petition from the Mountain-Prairie Region Docket No. FWS–R8–ES–2009–0044. and in our files, we have determined Ecological Services Office (see • U.S. mail or hand-delivery: Public that the petition presents substantial ADDRESSES). Comments Processing, Attn: FWS–R8– information to indicate that listing of Author ES–2009–0044; Division of Policy and Trifolium friscanum may be warranted Directives Management; U.S. Fish and due to the present or threatened The primary authors of this document Wildlife Service; 4401 N. Fairfax Drive, destruction, modification, or are the staff members of the Mountain- Suite 222; Arlington, VA 22203. curtailment of its habitat or range Prairie Region Ecological Services We will not accept e-mail or faxes. We resulting from mining. Offices (see ADDRESSES). will post all comments on http:// Authority www.regulations.gov. This generally Finding means that we will post any personal We reviewed and evaluated 38 of the The authority for this action is the information you provide us (see the 206 petitioned species, based on the Endangered Species Act of 1973, as Public Comments section below for information in the petition and the amended (U.S.C. 1531 et seq.). more information). VerDate Nov<24>2008 14:36 Aug 17, 2009 Jkt 217001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 cprice-sewell on DSKDVH8Z91PROD with PROPOSALS Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules 41663 FOR FURTHER INFORMATION CONTACT: impacts on small entities or families, 2003); the proposed rules to designate Susan Moore, Field Supervisor, U.S. and the benefits of including or critical habitat for the California tiger Fish and Wildlife Service, Sacramento excluding areas that exhibit these salamander in Santa Barbara County (69 Fish and Wildlife Office, Cottage Way, impacts; FR 3064; January 22, 2004) and the W–2605, Sacramento, CA 95825; (7) Information on whether the benefit Central population of the species range telephone 916–414–6600; facsimile of exclusion of any particular area, such (69 FR 48570; August 10, 2004); and the 916–414–6713. If you use a as areas covered by habitat conservation final rules to designate critical habitat telecommunications device for the deaf plans or other types of management for the California tiger salamander in (TDD), call the Federal Information agreements, outweighs the benefit of Santa Barbara County (69 FR 68568; Relay Service (FIRS) at 800–877–8339. inclusion under section 4(b)(2) of the November 24, 2004) and the Central SUPPLEMENTARY INFORMATION: Act; and population (70 FR 49380; August 23, (8) Whether we could improve or 2005). The information contained in Public Comments modify our approach to designating those previous Federal Register We intend that any final action critical habitat in any way to provide for documents was used in developing this resulting from this proposed rule will be greater public participation and rule. understanding, or to better based on the best scientific and Previous Federal Actions commercial data available and be as accommodate public concerns and accurate and as effective as possible. comments. On August 4, 2004, we listed the Therefore, we request comments or You may submit your comments and Central California population of the information from the public, other materials concerning this proposed rule California tiger salamander as a DPS as concerned governmental agencies, the by one of the methods listed in the threatened (69 FR 47211). At that time scientific community, industry, or other ADDRESSES section. We will not we reclassified the California tiger interested party concerning this consider hand-delivered comments that salamander as threatened throughout its proposed rule. We particularly seek we do not receive, or mailed comments range (69 FR 47211), removing the Santa comments concerning: that are not postmarked, by the date Barbara County and Sonoma County (1) The reasons why we should or specified in the DATES section. populations as separately listed DPSs should not designate habitat as ‘‘critical We will post your entire comment— (69 FR 47241). habitat’’ under section 4 of the including your personal identifying On August 18, 2005, as a result of Endangered Species Act of 1973, as information—on http:// litigation of the August 4, 2004, final amended (Act) (16 U.S.C. 1531 et seq.) www.regulations.gov. If you provide rule (69 FR 47211) on the including whether there are threats to personal identifying information, such reclassification of the California tiger the species from human activity, the as your street address, phone number, or salamander DPSs (Center for Biological degree of which can be expected to e-mail address, you may request at the Diversity et al. v. United States Fish and increase due to the designation, and top of your document that we withhold Wildlife Service et al. (Case No. C–04 whether that increase in threat this information from public review.