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Partial 90-Day Finding on a Petition to List 404 Species in the Southeastern United States As Endangered Or Threatened with Critical Habitat; Proposed Rule

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Vol. 76 Tuesday, No. 187 September 27, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 404 Species in the Southeastern United States as Endangered or Threatened With Critical Habitat; Proposed Rule VerDate Mar<15>2010 16:59 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27SEP4.SGM 27SEP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 59836 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR we receive after the above requested (2) The factors that are the basis for date. making a listing determination for a Fish and Wildlife Service ADDRESSES: You may submit species under section 4(a) of the Act (16 information by one of the following U.S.C. 1531 et seq.), which are: 50 CFR Part 17 methods: (a) The present or threatened [Docket No. FWS–R4–ES–2011–0049; MO (1) Electronically: Go to the Federal destruction, modification, or 92210–0–0009] eRulemaking Portal: http:// curtailment of its habitat or range; www.regulations.gov. In the Enter (b) Overutilization for commercial, Endangered and Threatened Wildlife Keyword or ID box, enter Docket No. recreational, scientific, or educational and Plants; Partial 90-Day Finding on FWS–R4–ES–2011–0049, which is the purposes; a Petition To List 404 Species in the docket number for this action. Then (c) Disease or predation; Southeastern United States as click on the Search button. (d) The inadequacy of existing Endangered or Threatened With (2) By hard copy: Submit by U.S. mail regulatory mechanisms; or Critical Habitat or hand-delivery to: Public Comments (e) Other natural or manmade factors Processing, Attn: FWS–R4–ES–2011– affecting its continued existence. AGENCY: Fish and Wildlife Service, (3) The potential effects of climate Interior. 0049; Division of Policy and Directives Management; U.S. Fish and Wildlife change on the species and their habitat. ACTION: Notice of petition finding and Service; 4401 N. Fairfax Drive, MS If, after the status review, we initiation of status review. 2042–PDM; Arlington, VA 22203. determine that listing any of these species is warranted, it is our intent to SUMMARY: We, the U.S. Fish and We will not accept e-mail or faxes. We will post all information received on propose critical habitat under section 4 Wildlife Service (Service), announce a of the Act, to the maximum extent partial 90-day finding on a petition to http://www.regulations.gov. This prudent and determinable at the time list 404 species in the southeastern generally means that we will post any we propose to list the species. United States as endangered or personal information you provide us Therefore, we also request data and threatened under the Endangered (see Request for Information section below for more details). information on: Species Act of 1973, as amended (Act). (1) What may constitute ‘‘physical or Based on our review, we find that for FOR FURTHER INFORMATION CONTACT: biological features essential to the 374 of the 404 species, the petition Janet Mizzi, Chief, Division of conservation of the species,’’ within the presents substantial scientific or Endangered Species, Ecological geographical range currently occupied commercial information indicating that Services, Southeast Regional Office, U.S. Fish and Wildlife Service, 1875 by the species; listing may be warranted. Therefore, (2) Where these features are currently with the publication of this notice, we Century Blvd., Atlanta, GA 30345; by telephone at 404–679–7169; or by found; are initiating a status review of the 374 (3) Whether any of these features may facsimile at 404–679–7081. If you use a species to determine if listing is require special management telecommunications device for the deaf warranted. To ensure that the review is considerations or protection; (TDD), please call the Federal comprehensive, we are soliciting (4) Specific areas outside the Information Relay Service (FIRS) at scientific and commercial information geographical area occupied by the 800–877–8339. regarding these 374 species. Based on species that are ‘‘essential for the the status reviews, we will issue 12- SUPPLEMENTARY INFORMATION: conservation of the species;’’ and month findings on the petition, which Request for Information (5) What, if any, critical habitat you will address whether the petitioned think we should propose for designation action is warranted, as provided in When we make a finding that a petition presents substantial if the species is proposed for listing, and section 4(b)(3)(B) of the Act. Of the 30 why such habitat meets the other species in the petition, 1 species— information indicating that a species may be warranted for listing, we are requirements of section 4 of the Act. Alabama shad—has had a 90-day Please include sufficient information required to promptly review the status finding published by the National with your submission (such as scientific of the species (status review). For the Marine Fisheries Service, and 18 species journal articles, other supporting are already on the Service’s list of status reviews to be complete and based on the best available scientific and publications, or data) to allow us to candidate species or are presently the verify any scientific or commercial subject of proposed rules to list. We commercial information, we request information on the 374 species from information you include. have not yet made a finding on the Submissions merely stating support remaining 11 species, but anticipate governmental agencies, Native American tribes, the scientific for or opposition to the action under doing so no later than September 30, consideration without providing 2011. community, industry, or any other interested parties concerning the status supporting information, although noted, DATES: To allow us adequate time to of the species. We seek information on: will not be considered in making a conduct a status review, we request that (1) The species’ biology, range, and determination. Section 4(b)(1)(A) of the we receive information on or before population trends, including: Act directs that determinations as to November 28, 2011. The deadline for (a) Habitat requirements for feeding, whether any species is an endangered or submitting an electronic comment using breeding, and sheltering; threatened species must be made the Federal eRulemaking Portal (see (b) Genetics and taxonomy; ‘‘solely on the basis of the best scientific ADDRESSES section below) is 11:59 p.m. (c) Historical and current range, and commercial data available.’’ Eastern Standard Time on this date. including distribution patterns; You may submit your information After November 28, 2011, you must (d) Historical and current population concerning the status reviews or the 404 submit information directly to the levels, and current and projected trends; species by one of the methods listed in Regional Office (see FOR FURTHER and the ADDRESSES section. If you submit INFORMATION CONTACT section below). (e) Past and ongoing conservation information via http:// Please note that we may not be able to measures for the species, its habitat, or www.regulations.gov, your entire address or incorporate information that both. submission—including any personal VerDate Mar<15>2010 16:59 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27SEP4.SGM 27SEP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules 59837 identifying information—will be posted clearly identified itself as a petition, was On May 27, 2010, the Freshwater on the Web site. If your submission is dated, and included the identification Mollusk Conservation Society submitted made via a hardcopy that includes information required at 50 CFR a letter to the Regional Director, Fish personal identifying information, you 424.14(a). On April 21, 2010, via and Wildlife Service, Southeast Region, may request at the top of your document electronic mail to Noah Greenwald at in support of the CBD petition’s that we withhold this information from CBD, we acknowledged receipt of the inclusion of a large number of public review. However, we cannot petition. On May 10, 2010, the freshwater mollusks. On September 1, guarantee that we will be able to do so. Southeast Region of the Service, to 2010, and again on October 1, 2010, We will post all hardcopy submissions which the petition had been assigned, CBD forwarded to the Regional Director, on http://www.regulations.gov. provided additional formal written Service, Southeast Region, a letter of Information and supporting acknowledgement of receipt of the support for the subject petition from 35 documentation that we received and petition. conservation organizations. used in preparing this finding is The petitioners developed an initial The CBD submitted supplemental available for you to review at http:// list of species by searching NatureServe comments and information on October www.regulations.gov, or by for species that ‘‘occur in the twelve 6, 2010, in support of protecting the appointment, during normal business states typically considered the Panama City crayfish (Procambarus hours, at the U.S. Fish and Wildlife Southeast, occur in aquatic, riparian, or econfinae) under the Act. On December Service, Southeast Ecological Services wetland habitats and appeared to be 13, 2010, we received a second petition, Regional Office (see FOR FURTHER imperiled.’’
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