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90-Day Finding on a Petition to List 12 Penguin Species As

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90-Day Finding on a Petition to List 12 Penguin Species As Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Proposed Rules 37695 action that affects the status of a ACTION: Notice of 90-day petition SUPPLEMENTARY INFORMATION: If you geographical area and does not impose finding and initiation of status review. submit information or comments, please any new requirements on sources. Thus, include ‘‘Attn: Penguins’’ in the the requirements of section 12(d) of the SUMMARY: We, the U.S. Fish and beginning of your message. Electronic National Technology Transfer and Wildlife Service (Service), announce a attachments in standard formats (such Advancement Act of 1995 (15 U.S.C. 90-day finding on a petition to list 12 as .pdf or .doc) are acceptable, but 272 note) do not apply. As required by penguin species: emperor penguin please name the software necessary to section 3 of Executive Order 12988 (61 (Aptenodytes forsteri), southern open any attachments in formats other FR 4729, February 7, 1996), in issuing rockhopper penguin (Eudyptes than those given above. Also, please this proposed rule, EPA has taken the chrysocome), northern rockhopper include your name and return address necessary steps to eliminate drafting penguin (Eudyptes moseleyi (E. in your e-mail message. If you do not errors and ambiguity, minimize chrysocome moseleyi)), fiordland receive a confirmation from the system potential litigation, and provide a clear crested penguin (Eudyptes that we have received your e-mail legal standard for affected conduct. EPA pachyrhynchus), snares crested penguin message, please submit your comments has complied with Executive Order (Eudyptes robustus), erect-crested in writing using one of the alternate 12630 (53 FR 8859, March 15, 1988) by penguin (Eudyptes sclateri), macaroni methods described above. examining the takings implications of penguin (Eudyptes chrysolophus), royal Public Comments Solicited the rule in accordance with the penguin (Eudyptes schlegeli), white- ‘‘Attorney General’s Supplemental flippered penguin (Eudyptula We intend that any final action Guidelines for the Evaluation of Risk albosignata (E. minor albosignata)), resulting from this status review will be and Avoidance of Unanticipated yellow-eyed penguin (Megadyptes as accurate and as effective as possible. Takings’ issued under the executive antipodes), African penguin Therefore, we solicit comments or order. (Spheniscus demersus), and Humboldt suggestions from the public, concerned This rule proposing to approve the penguin (Spheniscus humboldti) as governmental agencies, the scientific redesignation of the Pittsburgh Area to threatened or endangered under the community, industry, or any other attainment for the 8-hour ozone Endangered Species Act of 1973, as interested party. We are opening a 60- NAAQS, the associated maintenance amended (Act). We find that the petition day public comment period to allow all plan, the 2002 base year inventory, and presents substantial scientific or interested parties an opportunity to the MVEBs identified in the commercial information indicating that provide information on the statuses of maintenance plan, does not impose an listing 10 species of penguins may be 10 species of penguins: emperor information collection burden under the warranted. We, therefore, are initiating penguin (Aptenodytes forsteri), southern provisions of the Paperwork Reduction a status review of 10 species of penguins rockhopper penguin (Eudyptes Act of 1995 (44 U.S.C. 3501 et seq.). to determine if listing under the Act is chrysocome), northern rockhopper warranted. To ensure that the status penguin (Eudyptes moseleyi (E. List of Subjects review is comprehensive, we are chrysocome moseleyi)), fiordland 40 CFR Part 52 soliciting scientific and commercial crested penguin (Eudyptes information regarding these species. We Environmental protection, Air pachyrhynchus), erect-crested penguin find the petition does not provide pollution control, Nitrogen dioxides, (Eudyptes sclateri), macaroni penguin substantial scientific or commercial Ozone, Reporting and recordkeeping (Eudyptes chrysolophus), white- information indicating that listing of requirements, Volatile organic flippered penguin (Eudyptula two species may be warranted: snares compounds. albosignata (E. minor albosignata)), crested penguin and royal penguin. yellow-eyed penguin (Megadyptes 40 CFR Part 81 Therefore, we will not be initiating a antipodes), African penguin Air pollution control, National parks, status review for these two species in (Spheniscus demersus), and Humboldt Wilderness areas. response to this petition. However, we penguin (Spheniscus humboldti) ask the public to submit to us any new throughout their range, including: Authority: 42 U.S.C. 7401 et seq. information that becomes available (1) Information on taxonomy, Dated: June 28, 2007. concerning the status of these two distribution, habitat selection and W.C. Early, species or threats to them or their trends (especially breeding and foraging Acting Regional Administrator. habitat at any time. habitats), diet, and population [FR Doc. 07–3325 Filed 7–10–07; 8:45 am] DATES: We must receive your comments abundance and trends (especially BILLING CODE 6560–50–P on or before September 10, 2007. current recruitment data) on these species; ADDRESSES: Submit any comments, (2) Information on the effects of information, and questions by any one climate change and changing ocean or DEPARTMENT OF THE INTERIOR of the following methods: By mail to the land or sea ice conditions on the Special Assistant to the Deputy distribution and abundance of these Fish and Wildlife Service Assistant Director, International Affairs, species and their principal prey species U.S. Fish and Wildlife Service, 4401 N. over the short and long term (especially 50 CFR Part 17 Fairfax Drive, Room 760, Arlington, VA information on known prey 22203; by fax to 703–358–2276; by e- substitutions, and what their effects Endangered and Threatened Wildlife mail to [email protected]; or and Plants; 90-Day Finding on a would be on these species); through the Federal eRulemaking Portal (3) Information on the effects of other Petition to List 12 Penguin Species as at www.regulations.gov. Threatened or Endangered under the potential threat factors, including Endangered Species Act FOR FURTHER INFORMATION CONTACT: Dr. commercial fishing activities, Peter O. Thomas at the above address, contaminants, habitat loss, harvest, AGENCY: Fish and Wildlife Service, or by telephone, 703–358–1708; or e- predation by other animals, and Interior. mail, [email protected]. diseases of these species or their VerDate Aug<31>2005 15:24 Jul 10, 2007 Jkt 211001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1 cprice-sewell on PROD1PC72 with PROPOSALS 37696 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Proposed Rules principal prey over the short and long Zealand, Peru, South Africa, and United statement in the Action Plan that term; Kingdom Territory Islands. The petition, ‘‘possibly the population is stable or has (4) Information on management which was clearly identified as such, increased slightly since the 1960s.’’ As programs for penguin conservation, contains detailed information on the quoted in the petition, the action plan including mitigation measures related to natural history, biology, status, and cites no human disturbance of colonies conservation programs, fisheries distribution of each of the 12 species. It and no records of snares crested management, and any other private, also contains information on what the penguins being caught in trawl nets, as tribal, or governmental conservation petitioner reported as potential threats well as the absence of introduced programs which benefit these species; to the species from climate change and mammalian predators on the Snares and changes to the marine environment, Islands. Unlike some of the other (5) Information relevant to whether commercial fishing activities, penguin species included in the any populations of the species may contaminants and pollution, guano petition, competition with fisheries for qualify as distinct population segments. extraction, habitat loss, hunting, prey species has not been documented We will base our finding on a review nonnative predator species, and other for this species. The petitioner reports of the best scientific and commercial factors. The petition also discusses that the greatest threat to this species is information available, including all existing regulatory mechanisms and the reduced prey availability due to information received during the public perceived inadequacies to protect these changing ocean conditions; however, comment period. species. specific data to support this are not We have determined that the petition Public Availability of Comments provided. Citations in the petition on presents substantial scientific or possible specific or general impacts of Before including your address, phone commercial information to indicate that climate change on penguins at various number, e-mail address, or other listing 10 species of penguins as Antarctic and sub-Antarctic latitudes do personal identifying information in your endangered or threatened may be not mention the snares crested penguin, comment, you should be aware that warranted: emperor penguin, southern yet the petitioners assert the species will your entire comment—including your rockhopper penguin, northern be affected on the basis of inferred personal identifying information—may rockhopper penguin, fiordland crested similarity with
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