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Federal Register/Vol. 76, No. 153/Tuesday, August 9, 2011

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Federal Register/Vol. 76, No. 153/Tuesday, August 9, 2011 49202 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Lists of Endangered and Threatened Janine Van Norman, Chief, Branch of Wildlife and Plants. Fish and Wildlife Service Foreign Species, Endangered Species Prior to issuing a final rule on this Program, U.S. Fish and Wildlife Service, proposed action, we will take into 50 CFR Part 17 4401 North Fairfax Drive, Room 420, consideration all comments and any [Docket No. FWS–R9–ES–2010–0099; MO Arlington, VA 22203; telephone 703– additional information we receive. Such 92210–0–0010 B6] 358–2171. If you use a information may lead to a final rule that telecommunications device for the deaf differs from this proposal. All comments RIN 1018–AX50 (TDD), call the Federal Information and recommendations, including names Endangered and Threatened Wildlife Relay Service (FIRS) at 800–877–8339. and addresses of commenters, will and Plants; Four Foreign Parrot SUPPLEMENTARY INFORMATION become part of the administrative record. Species Background Previous Federal Actions AGENCY: Fish and Wildlife Service, Section 4(b)(3)(B) of the ESA (16 Interior. U.S.C. 1531 et seq.) requires that, for Petition History ACTION: Proposed rule; 12-month any petition to revise the Federal Lists On January 31, 2008, the Service of Endangered and Threatened Wildlife finding. received a petition dated January 29, and Plants that contains substantial 2008, from Friends of Animals, as SUMMARY: We, the U.S. Fish and scientific or commercial information represented by the Environmental Law Wildlife Service (Service), propose to that listing the species may be Clinic, University of Denver, Sturm list as endangered the Philippine warranted, we make a finding within 12 College of Law, requesting we list 14 cockatoo (Cacatua haematuropygia) and months of the date of receipt of the parrot species under the ESA. The the yellow-crested cockatoo (C. petition (‘‘12-month finding’’). In this petition clearly identified itself as a sulphurea), and to list as threatened the finding, we determine whether the petition and included the requisite white cockatoo (C. alba), under the petitioned action is: (a) Not warranted, information required in the Code of Endangered Species Act of 1973, as (b) warranted, or (c) warranted, but amended (ESA). We are taking this immediate proposal of a regulation Federal Regulations (50 CFR 424.14(a)). action in response to a petition to list implementing the petitioned action is On July 14, 2009 (74 FR 33957), we the following four parrot species: precluded by other pending proposals to published a 90-day finding in which we Crimson shining parrot (Prosopeia determine whether species are determined that the petition presented splendens), Philippine cockatoo endangered or threatened, and substantial scientific and commercial (Cacatua haematuropygia), white expeditious progress is being made to information to indicate that listing may cockatoo (C. alba), and yellow-crested add or remove qualified species from be warranted for 12 of the 14 parrot cockatoo (C. sulphurea) as endangered the Federal Lists of Endangered and species. In our 90-day finding on this or threatened under the ESA. This Threatened Wildlife and Plants. Section petition, we announced the initiation of document, which also serves as the 4(b)(3)(C) of the ESA requires that we a status review to list as endangered or completion of the status review and as treat a petition for which the requested threatened under the ESA the following the 12-month finding on the petition, action is found to be warranted but 12 parrot species: Blue-headed macaw announces our finding that listing is not precluded as though resubmitted on the (Primolius couloni), crimson shining warranted for the crimson shining date of such finding, that is, requiring a parrot (Prosopeia splendens), great parrot. We also propose a special rule subsequent finding to be made within green macaw (Ara ambiguus), grey- for the white cockatoo in conjunction 12 months. We must publish these 12- cheeked parakeet (Brotogeris with our proposed listing as threatened month findings in the Federal Register. pyrrhoptera), hyacinth macaw for this species. We seek information If the listing of a species is found to (Anodorhynchus hyacinthinus), military from the public on the proposed listing, be warranted but precluded by higher- macaw (Ara militaris), Philippine proposed special rule, and status review priority listing actions, then the petition cockatoo (Cacatua haematuropygia), for these species. to list that species is treated as if it is red-crowned parrot (Amazona DATES: We will consider comments and a petition that is resubmitted on the date viridigenalis), scarlet macaw (Ara information received or postmarked on of the finding and is, therefore, subject macao), white cockatoo (Cacatua alba), or before October 11, 2011. to a new 12-month finding within one yellow-billed parrot (Amazona collaria), ADDRESSES: You may submit comments year. The Service publishes an annual and yellow-crested cockatoo (Cacatua by one of the following methods: notice of resubmitted petition findings sulphurea). We initiated the status • Federal eRulemaking Portal: http:// (annual notice) for all foreign species for review to determine if listing each of the www.regulations.gov. Follow the which listings were previously found to 12 species is warranted, and initiated a instructions for submitting comments be warranted but precluded. 60-day public comment period to allow on Docket No. FWS–R9–ES–2010–0099. In this document, we announce that all interested parties an opportunity to • U.S. mail or hand-delivery: Public listing Philippine cockatoo and yellow- provide information on the status of Comments Processing, Attn: FWS–R9– crested cockatoo as endangered is these 12 species of parrots. The public ES–2010–0099, Division of Policy and warranted, and we are issuing a comment period closed on September Directives Management; U.S. Fish and proposed rule to add those species as 14, 2009. Wildlife Service; 4401 N. Fairfax Drive, endangered under the Federal Lists of On July 21, 2010, a settlement MS 2042–PDM; Arlington, VA 22203. Endangered and Threatened Wildlife agreement was approved by the Court We will not accept comments by e- and Plants. We find that listing the (CV–10–357, D. D.C.), in which the mail or fax. We will post all comments crimson shining parrot as endangered or Service agreed to (in part) submit to the on http://www.regulations.gov. This threatened is not warranted. We further Federal Register by July 29, 2011, a generally means that we will post any find that listing white cockatoo as determination whether the petitioned personal information you provide us threatened is warranted, and we are action is warranted, not warranted, or (see the Information Requested section issuing a proposed rule to add that warranted but precluded by other listing below for more information). species as threatened under the Federal actions for no less than four of the VerDate Mar<15>2010 20:38 Aug 08, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\09AUP2.SGM 09AUP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Proposed Rules 49203 petitioned species. This Federal Public Hearing species but not others. In some cases, Register document complies with the At this time, we do not have a public the factors affecting species are the same first deadline in that court-ordered hearing scheduled for this proposed or very similar and in other cases the settlement agreement. We will rule. The main purpose of most public factors are unique. In each evaluation, announce the 12-month findings for the hearings is to obtain public testimony or we clearly identify what species is being remaining parrot species for which a 90- comment. In most cases, it is sufficient addressed, and if the threat applies to day finding was made on July 14, 2009 to submit comments through the Federal more than one species. (74 FR 33957) in subsequent Federal eRulemaking Portal, described above in Species Information Register notices. the ADDRESSES section. If you would like Information Requested to request a public hearing for this A. Crimson Shining Parrot (Prosopeia proposed rule, you must submit your splendens) We intend that any final actions request, in writing, to the person listed resulting from this proposed rule will be Taxonomy and Species Description in the FOR FURTHER INFORMATION based on the best scientific and CONTACT section by September 23, 2011. commercial data available. Therefore, The crimson shining parrot we request comments or information Factors Affecting the Species (Prosopeia splendens, Peale, 1848) is from other concerned governmental endemic to Fiji, where it is found in Section 4 of the ESA (16 U.S.C. 1533) forests, on agricultural lands, and agencies, the scientific community, or and implementing regulations (50 CFR any other interested parties concerning around human habitation (International 424) set forth procedures for adding Union for Conservation of Nature this proposed rule. We particularly seek species to the Federal Lists of (IUCN) 2008). Its most closely related clarifying information concerning: Endangered and Threatened Wildlife species are P. personata (G. R. Gray, (1) Information on taxonomy, and Plants. Under section 4(a)(1) of the 1848), masked shining parrot, which distribution, habitat selection and ESA, a species may be determined
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