15280 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

50 CFR Part 17 information was presented, the Service This decision is based on scientific and also is required to review the status of commercial information contained in Endangered and Threatened Wildlife the species involved if one has not the petition, provided as attachments to and Plants; Notice of Finding on a already been initiated under the the petition, and otherwise available to Petition to Emergency List the Service’s internal candidate assessment the Service. The Service requests any Amargosa (Bufo nelsoni) as process. additional data, comments, and Endangered On September 21, 1994, the Service suggestions from the public, other received a petition dated September 19, concerned governmental agencies, the AGENCY: Fish and Wildlife Service, 1994, from Mr. D.C. ‘‘Jasper’’ Carlton, scientific community, industry, or any Interior. Director of the Biodiversity Legal other interested parties concerning the ACTION: Notice of 90-day petition Foundation, to emergency list the status of the Amargosa toad. Of finding and initiation of status review. Amargosa toad (Bufo nelsoni) as particular interest is information on the endangered under the Endangered SUMMARY: The U.S. Fish and Wildlife Amargosa toad regarding—(1) The Species Act of 1973, as amended (Act). existence and status of additional Service (Service) announces a 90-day The petitioner states that the finding on a petition to list the populations, (2) environmental factors Amargosa toad qualifies for emergency determining its distribution, (3) life Amargosa toad (Bufo nelsoni) under the listing as endangered under the Act due Act of 1973, as history information, and (4) existing to present and threatened destruction, conservation efforts. amended (Act). The petition was found modification, or curtailment of to present substantial information or range; overuse of habitat for References Cited indicating the requested action may be commercial, recreational, scientific, or A complete list of all references cited warranted. The Service therefore educational purposes; other natural or herein is available upon request from initiates a status review and will man-made factors affecting its the Reno Field Office (see ADDRESSES prepare a 12 month finding at a later continued existence; severely restricted section). date. range; and inadequacy of existing DATES: The finding announced in this regulatory mechanisms. The Amargosa Authors document was made on March 17, 1995. toad is endemic to the , Nye The primary authors of this document Comments and information concerning County, Nevada, in an approximately 9- are Dr. Patricia G. Zenone and Sheryl L. this petition finding must be submitted mile stretch of the Amargosa River and Barrett of the Reno Field Office (see within 30 days of the publication of the nearby springs from Springdale to the ADDRESSES above). finding in the Federal Register to be Narrows south of Beatty. The petition considered in the 12-month finding for noted that Hoff (1994) asserts that off- Authority this petition. road vehicles, water diversions, grazing, The authority for this action is the Endangered Species Act of 1973 as amended ADDRESSES: Data, information, and non-native predators have caused (16 U.S. C. 1531 et seq.). comments, or questions concerning this this species to decline from the finding should be sent to the Field thousands reported in 1958 to only 30 Dated: March 17, 1995. Supervisor, U.S. Fish and Wildlife adult and juvenile observed in Mollie H. Beattie, Service, 4600 Kietzke Lane, Building C 1994 in Oasis Valley. Director, Fish and Wildlife Service. Room 125, Reno, Nevada 89502. The The Service included the Amargosa [FR Doc. 95–7204 Filed 3–22–95; 8:45 am] petition, finding, and supporting data toad as a category 2 species in the are available for public inspection, by August 2, 1977, Notice of BILLING CODE 4310±55±P appointment, during normal business Review (42 FR 39121). It was hours at the above address. subsequently categorized as a category 1 species in the December 30, 1982, 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Notice of Review (47 FR 58454) and RIN 1018±AC48 Sheryl Barrett, Fish and Wildlife again as a category 2 species in the Biologist, see ADDRESSES section above September 18, 1985, Notice of Review or telephone 702–784–5227. Endangered and Threatened Wildlife (50 FR 37960). On November 14, 1994, and Plants; Reopening of Comment SUPPLEMENTARY INFORMATION: the Service changed its classification Period on Proposed Rule to Reclassify back to category 1, with a listing priority Background the Bald Eagle From Endangered to of 2 (59 FR 58982). Assignment of the Threatened Section 4(b)(3)(A) of the Endangered Amargosa toad to category 1 means that Species Act (Act) of 1973, as amended this is a taxa for which the Service has AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.), requires that the on file sufficient information on Interior. U.S. Fish and Wildlife Service (Service) biological vulnerability and threats to ACTION: Proposed rule; reopening of make a finding on whether a petition to support a proposal to list the taxa as an comment period. list, delist, or reclassify a species endangered or threatened species. presents substantial scientific or The Service finds that substantial SUMMARY: The U.S. Fish and Wildlife commercial information indicating that information has been presented Service (Service) is reopening the the petitioned action may be warranted. indicating that listing of the Amargosa comment period on the bald eagle To the maximum extent practicable, this toad may be warranted. However, reclassification proposal for thirty days. finding is to be made within 90 days of emergency listing is not warranted at On July 12, 1994, the Service proposed the receipt of the petition, and the this time because an immediate threat of reclassifying the bald eagles of the lower finding is to be published promptly in extinction does not exist. Several 48 States as threatened, except those the Federal Register. This finding is to actions (e.g., fencing and removing already listed as threatened and those of be based on information contained in introduced crayfish from Lower Indian the Southwestern Recovery Region and the petition and otherwise available to springs, and removing from Mexico. The bald eagles of the the Service at the time the finding is Harlan/Keel Spring, etc.) aimed at Southwestern Recovery Region were made. If the finding is that substantial conserving this species are ongoing. proposed to remain listed as Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15281 endangered. The Service also proposed and other information received by the Montoya, Bill (Director, New Mexico classifying bald eagles in Mexico as Service may lead to a final regulation Department of Game & Fish). 1994. Letter endangered; they are not currently listed that differs from the original proposal, to U.S. Fish and Wildlife Service. as endangered or threatened. Specific including the possible complete Shroufe, Duane. (Director, Arizona Game & public comment was solicited on the Fish Department). 1994. Letter to U.S. reclassification to threatened status for Fish and Wildlife Service. status of bald eagles in the Southwest all bald eagles south of Canada. Spiller, Sam. (State Supervisor, U.S. Fish and and Mexico and the distinctness of The Service has received significant Wildlife Service, Phoenix, Arizona). those eagles as a separate population. new information regarding 1994. Memo to U.S. Fish and Wildlife New information indicates that the Southwestern bald eagles and has re- Service, Twin Cities, Minnesota. Southwestern and Mexican bald eagles examined other information. Existing Author may not warrant a classification as information at the time of the proposed endangered. The Service is making rule fails to identify any unique genetic The primary author of this notice is Jody Gustitus Millar, Bald Eagle Recovery available for public review and characteristics possessed by the comment information recently received Coordinator, Fish and Wildlife Service, Southwestern bald eagles. New 4469–48th Avenue Court, Rock Island, about bald eagles of the Southwestern information indicates that the bald Illinois 61201. Recovery Region. eagles of the Southwestern Recovery DATES: The comment period on the Region and Mexico are not likely to be Authority proposal is reopened, effective reproductively isolated. Evidence of The authority for this action is the immediately, and will close on April 24, recruitment has recently been found Endangered Species Act of 1973 (16 U.S.C. 1995. from the Southeastern Recovery Region 1531 et seq.). ADDRESSES: Interested parties may into the Southwestern Recovery Region Dated: March 15, 1995. obtain copies of the comments and other and Mexico. Unique threats to Mollie H. Beattie, information listed below from the Chief, Southwestern bald eagles remain, but Director, Fish and Wildlife Service. Division of Endangered Species, U.S. their significance is diminished in light [FR Doc. 95–7205 Filed 3–22–95; 8:45 am] Fish and Wildlife Service, Bishop Henry of immigration into the population BILLING CODE 4310±55±P Whipple Federal Building, 1 Federal segment. Drive, Ft. Snelling, Minnesota 55111– The Service is now considering 4056 (612/725–3536; fax 612/725–3526). reclassifying the eagles of the 50 CFR Part 17 Copies may also be obtained from the Southwestern Recovery Region as State Supervisor, Arizona Ecological threatened, and classifying the bald Endangered and Threatened Wildlife Services State Office, 2321 W. Royal eagles of Mexico as threatened. The bald and Plants; 12-Month Finding for a Palm Road, Phoenix, Arizona 85021 eagle would remain threatened in the Petition to List the Southern Rocky (602/640–2720; fax 602/640–2730). five States where it is currently listed as Mountain Population of the Boreal Send written comments and other threatened. This modified action, if Toad as Endangered materials to the above Ft. Snelling, finalized, would not alter those AGENCY: Fish and Wildlife Service, Minnesota, Regional Office address. conservation measures already in force Interior. Comments and materials received will to protect the species and its . be available for public inspection during The Federal Register notice ACTION: Notice of 12-month petition normal business hours, by appointment, announcing the proposed rule opened a finding. at that address. public comment period that ended on SUMMARY: The U.S. Fish and Wildlife FOR FURTHER INFORMATION CONTACT: Jody October 11, 1994; the deadline for Gustitus Millar, Bald Eagle Recovery receipt of public hearing requests was Service (Service) announces a 12-month Coordinator, Fish and Wildlife Service, August 26, 1994. Public hearings were finding for a petition to list the southern 4469–48th Avenue Court, Rock Island, subsequently held, and the comment Rocky Mountain population of the Illinois 61201 (309/793–5800; fax 309/ period was extended in a September 30, boreal toad (Bufo boreas boreas) under 793–5804). 1994 notice (59 FR 49908) to the Endangered Species Act of 1973, as accommodate them. The extended amended. After review of all available SUPPLEMENTARY INFORMATION: comment period closed November 9, scientific and commercial information, Background 1994. This notice reopens the comment the Service finds that listing this species period for 30 days to allow interested is warranted but precluded by other The bald eagle (Haliaeetus higher priority actions to amend the leucocephalus) is listed as endangered parties to obtain copies of the following documents and to submit additional Lists of Endangered and Threatened under the Endangered Species Act of Wildlife and Plants. 1973, as amended (Act), in the lower 48 comments on the proposed rule. DATES: The finding announced in this States except Washington, Oregon, References document was made on March 15, 1995. Minnesota, Wisconsin, and Michigan, Driscoll, D.E., R.I. Mesta and J.T. Driscoll. where it is listed as threatened. The bald Comments, questions, or information 1993. Population ecology and regarding status and threats to the boreal eagle also occurs in Alaska and Canada, demography of bald eagles in Arizona: where it is not at risk and is not 1991–1993. American Eagle Research toad may be submitted until further protected under the Act; and in small Institute, Mesa, Arizona 74pp. notice. numbers in northern Mexico. The Driscoll, Dan (American Eagle Research ADDRESSES: Comments, questions, or Service proposed in the July 12, 1994, Institute) 1995. Letter to U.S. Fish and information concerning this finding may Federal Register notice (59 FR 35584) to Wildlife Service, Phoenix, Arizona. be submitted to the Assistant Field reclassify the bald eagle from Driscoll, Dan (American Eagle Research Supervisor, U.S. Fish and Wildlife Institute) 1995. Letter to U.S. Fish and endangered to threatened in the lower Wildlife Service, Rock Island, Illinois. Service, 764 Horizon Drive, South 48 States except in certain portions of Mabie, D.W., M.T. Merendino and D.H Reid. Annex A, Grand Junction, Colorado the American Southwest and to classify 1994. Dispersal of bald eagles fledged in 81506–3946. The petition, finding, and bald eagles in Mexico as endangered. Texas. Journal of Raptor Research supporting documents are available for That notice also stated that comments 28(4):213–219. public inspection, by appointment,