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Home , Antipodes, Macaroni penguin, Royal penguin

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: ’’ in the the requirements of section 12(d) of the SUMMARY: We, the U.S. 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 : please name the software necessary to section 3 of Executive 12988 (61 ( 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 (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 ( 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 ( as accurate and as effective as possible. Takings’ issued under the executive antipodes), 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), 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 . 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 , 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 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- by other , and Interior. mail, [email protected]. diseases of these species or their

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principal prey over the short and long Zealand, , South , 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 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 other species for which be made publicly available at any time. penguin, erect-crested penguin, the petitioner cites such impacts. We While you can ask us in your comment macaroni penguin, white-flippered note that the petitioners do not include to withhold your personal identifying penguin, yellow-eyed penguin, African all penguin species in the petition. This information from public review, we penguin, and . indicates a conclusion by the petitioners cannot guarantee that we will be able to Therefore, we are initiating a status that not all penguin species are equally do so. review to determine if listing each of the under threat from the cited climate All comments and supporting 10 species is warranted. To ensure that change factors and reduces confidence information will be available for public the status review is comprehensive, we in the extrapolation of information, inspection, by appointment, Monday are soliciting scientific and commercial whether general, or directly tied to other through Friday from 8 a.m. to 4 p.m. information regarding these 10 species. specific locations or other species, to (see ADDRESSES). Under section 4(b)(3)(B) of the Act, we species included in the petition for are required to make a finding as to Background which no specific information on these whether listing each of the 10 species of factors is provided. On the basis of the Our standard for substantial scientific penguins is warranted, not warranted, information provided on population or commercial information within the or warranted but precluded by pending data, trends, and threats, we find that Code of Federal Regulations (CFR) with listing proposals by November 29, 2007. regard to a 90-day petition finding is Furthermore, we have also the petitioner does not present ‘‘that amount of information that would determined that the petition does not substantial scientific or commercial lead a reasonable person to believe that provide substantial scientific or information to indicate that listing the the measure proposed in the petition commercial information indicating that snares crested penguin may be may be warranted’’ (50 CFR 424.14(b)). listing the snares crested penguin and warranted at this time. If we find that substantial information the royal penguin as threatened or The petitioners present information was presented, we are required to endangered may be warranted at this on the distribution and abundance of promptly commence a review of the time. the royal penguin. The royal penguin is status of the species. The snares crested penguin is endemic to , . In making this finding we relied on endemic to Snares Island, . This information indicates that information provided by the petitioner The petition states that the population population levels are stable for this and evaluated that information in of snares crested penguin was species which has recovered from heavy accordance with 50 CFR 424.14(b). Our ‘‘estimated at 23,250 breeding pairs in exploitation for their oil in the 19th and process of making a 90-day finding 1995–1986.’’ No current population data early 20th Centuries to a stable under section 4(b)(3)(A) of the Act and were provided. The Department of population of approximately 850,000 section 424.14(b) of our regulations is Conservation of New Zealand in its pairs, located in 57 colonies ranging limited to a determination of whether Action Plan for Conservation in from 60 to 160,000 pairs primarily on the information in the petition meets the New Zealand (Taylor 2000) cited by the Macquarie Island and a few nearby ‘‘substantial information’’ threshold. petitioner, ranks snares crested islands. The petitioners cite a number of On November 29, 2006, the Service penguins as a third priority species for general references describing possible received a petition dated November 28, conservation action. In contrast, other threats to the species. Unlike other 2006, from the Center for Biological New Zealand endemic penguins species included in the petition, Diversity to list 12 penguin species included in the petition are ranked substantial evidence of current or recent under the Act. The 12 penguin species within the New Zealand Action Plan as population declines or of large scale or range from , , second priority threatened species. This significant local impacts on this species Australian Territory Islands, , lower priority for from the possible threat factors cited in French Territory Islands, , New the snares crested penguin reflects the the petition are not presented. With

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respect to the threat of nest predation by endangered may be warranted at this Soldotna, , in order to provide introduced predators which is time. greater opportunity for public comment. documented as a serious threat by the References Cited DATES: The hearing will be held on July petitioner in citations for other endemic 27, 2007, from 6 to 9 p.m. in Soldotna, species, the IUCN Red List of Birdlife International (Birdlife). 2006. In AK. Written comments must be received Threatened Species citation for this IUCN 2006. 2006 IUCN Red List of by August 3, 2007. Threatened Species. Available at: http:// species, based on a 2005 assessment, ADDRESSES: www.iucnredlist.org. The July 27, 2007, hearing states for the royal penguin that ‘‘rats will be held at the Kenai Peninsula take some eggs and young’’ but goes on del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). 2002. Handbook of the of the Borough Assembly chambers, 144 North to state that ‘‘feral cats have now been World. Vol. 1. Lynx Edicions, Barcelona. Binkley Street, Soldotna, AK. eliminated from Macquarie Island.’’ Ellis, S. 1999. The Penguin Conservation Written comments can be sent to Kaja This suggests that conservation actions Assessment and Management Plan: a Brix, Assistant Regional Administrator, related to removing introduced Description of the Process. Marine Protected Resources Division, Alaska predators prescribed in the Penguin Ornithology 27:163–169. Region, NMFS, Attn: Ellen Sebastian. Conservation Assessment and Author Comments may be submitted by: Management Plan for the royal penguin • E-mail: CIB-ESA- cited by the petitioner (Ellis 1999) are The primary author of this notice is [email protected]. Include in the being successfully implemented. In fact, Pat Ford, Division of Scientific subject line the following document this recommendation regarding Authority, U.S. Fish and Wildlife identifier: Cook Inlet Beluga Whale PR. removing introduced predators is not Service. E-mail comments, with or without included in the 2005 update of the Authority attachments, are limited to 5 megabytes. IUCN Red List citation (Birdlife • Webform at the Federal International 2006). Similarly, according The authority for this action is the eRulemaking Portal: to this cited source, the threat of human Endangered Species Act of 1973, as www.regulations.gov. Follow the disturbance is being managed; ‘‘tourists amended (16 U.S.C. 1531 et seq.). instructions at that site for submitting on breeding islands are managed to Dated: July 3, 2007. comments. • prevent disturbance.’’ Citations in the H. Dale Hall, Mail: P. O Box 21668, Juneau, AK petition on possible specific or general 99802. Director, Fish and Wildlife Service. impacts of climate change on penguins • Hand delivery to the Federal at various Antarctic and sub-Antarctic [FR Doc. 07–3355 Filed 7–6–07; 11:47 am] Building: 709 W. 9th Street, Juneau, AK. latitudes do not mention the royal BILLING CODE 4310–55–P • Fax: (907) 586–7557. penguin, yet the petitioners assert the FOR FURTHER INFORMATION CONTACT: Brad species will be affected on the basis of Smith, NMFS, 222 West 7th Avenue, DEPARTMENT OF COMMERCE inferred similarity with other species for Anchorage, AK 99517, telephone (907) which the petitioner cites such impacts. National Oceanic and Atmospheric 271–5006; Kaja Brix, NMFS, (907) 586– We note that the petitioners do not Administration 7235; or Marta Nammack, NMFS, (301) include all penguin species in the 713–1401. petition. This indicates a conclusion by 50 CFR Part 224 SUPPLEMENTARY INFORMATION: the petitioners that not all penguin Background species are equally under threat from [I.D. 021607C] the cited climate change factors and On April 20, 2007, NMFS published reduces confidence in the extrapolation Endangered and Threatened Species; a proposed rule to list the Cook Inlet of information, whether general, or Proposed Endangered Status for the beluga whale as an endangered species directly tied to other specific locations Cook Inlet Beluga Whale; Public under the Endangered Species Act of or other species, to species included in Hearing 1973 (ESA), as amended (72 FR 19854). the petition for which no specific This action followed completion of the information on these factors is provided. AGENCY: National Marine Fisheries Cook Inlet beluga whale status review, Because the petitioner provided no Service (NMFS), National Oceanic and which found this population to be at information indicating population Atmospheric Administration (NOAA), risk of extinction within the next 100 declines or documenting specific threats Commerce. years and described NMFS= to the species supported by scientific ACTION: Notice of public hearing. determination that this population data or studies, we find that the constitutes a ‘‘species’’, or distinct petitioner does not present substantial SUMMARY: On April 20, 2007, NMFS population segment under the ESA. scientific or commercial information to proposed the listing of the Cook Inlet Following the publication of the indicate that listing the royal penguin as beluga whale as an endangered species proposed rule to list the Cook Inlet threatened or endangered may be under the Endangered Species Act of beluga whale as endangered, NMFS warranted at this time. 1973 (ESA), as amended. As part of that received requests to schedule public proposal, NMFS announced a public hearings on this issue. In response to Finding comment period to end on June 19, these requests, NMFS published two We have determined that the petition 2007, and then extended the comment separate notices in the Federal Register presents substantial scientific or period to August 3, 2007. NMFS has announcing public hearings in Alaska commercial information to indicate that received requests for public hearings on (72 FR 32605; June 13, 2007) and listing 10 species of penguins as this issue. In response, NMFS Maryland (72 FR 34661; June 25, 2007). endangered or threatened may be announced two public hearings to be Following these announcements, NMFS warranted. We find the petition does not held in Alaska and one public hearing received an additional request for a present substantial scientific or to be held in Maryland in two previous public hearing to be held in Soldotna, commercial information to indicate that Federal Register notices. In addition, AK. NMFS has decided to honor the listing the snares crested penguin and NMFS is announcing a separate hearing request in order to provide additional the royal penguin as threatened or in this notice that will be held in opportunities for public comment.

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