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Federal Register/Vol. 72, No. 241/Monday, December 17, 2007/Proposed Rules

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Federal Register/Vol. 72, No. 241/Monday, December 17, 2007/Proposed Rules 71298 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules approval is set forth in the direct final seeks data and comments from the recent release efforts, on Pitt Island rule. If no relevant adverse comments public on this proposal. (BirdLife International News 2006) are received in response to this action, DATES: We must receive comments and within the Chatham Islands. The no further activity is contemplated in information from all interested parties population of this species is very small, relation to this action. If EPA receives by March 17, 2008. Public hearing estimated at 800–1,000 birds based on relevant adverse comments, the direct requests must be received by January 31, recent research and banding studies final rule will be withdrawn and all 2008. (Taylor 2000), and is showing a public comments received will be ADDRESSES: You may submit comments decreasing population trend (BirdLife addressed in a subsequent final rule by one of the following methods: International 2007a). It is estimated that based on this proposed action. EPA will • Federal eRulemaking Portal: http:// fewer than 200 pairs breed per year not institute a second comment period www.regulations.gov. Follow the (NZDOC 2001b). The IUCN considers on this action. Any parties interested in instructions for submitting comments. the Chatham petrel to be ‘‘Critically commenting on this action should do so • U.S. mail or hand-delivery: Public Endangered’’ (BirdLife International at this time. Please note that if EPA Comments Processing, Attn: RIN 1018– 2006a). receives adverse comment on part of AV21; Division of Policy and Directives Banding studies have shown that this rule and if that part can be severed Management; U.S. Fish and Wildlife young birds of this species remain at sea from the remainder of the rule, EPA may Service; 4401 N. Fairfax Drive, Suite for at least two years before returning to adopt as final those parts of the rule that 222; Arlington, VA 22203. land to breed and nest. Based on limited are not the subject of an adverse We will not accept e-mail or faxes. We feeding habits data, the species preys on comment. For additional information, will post all comments on http:// squid and small fish (Heather and see the direct final rule that is located www.regulations.gov. This generally Robertson 1997, as cited in BirdLife in the rules section of this Federal means that we will post any personal International 2000). Register. information you provide us (see the Fiji petrel (Pterodroma macgillivrayi) Public Comments section below for Dated: November 29, 2007. Synonyms for the Fiji petrel include more information). William Rice, Pseudobulweria macgillivrayi and Acting Regional Administrator, Region 7. FOR FURTHER INFORMATION CONTACT: Thalassidroma macgillivrayi. Very little [FR Doc. E7–24233 Filed 12–14–07; 8:45 am] Mary M. Cogliano, PhD, Division of information is available on the Fiji Scientific Authority, U.S. Fish and BILLING CODE 6560–50–P petrel and its life history. There have Wildlife Service, 4401 N. Fairfax Drive, only been 12 substantiated sightings of Room 110, Arlington, VA 22203; this species on land since 1965, and a telephone 703–358–1708; fax, 703–358– DEPARTMENT OF THE INTERIOR total of 13 historically. These sightings 2276; or e-mail, have all been on Gau Island (BirdLife [email protected]. Fish and Wildlife Service International 2000), a 52.55-square mile SUPPLEMENTARY INFORMATION: (136.1 km2) island in Fiji’s Lomaiviti archipelago (Wikipedia 2007f). The 50 CFR Part 17 Background population of this species is very small, [96100–1671–0000–W4] In this proposed rule, we propose to estimated at less than 50 birds and is list three foreign seabird species as RIN 1018–AV21 showing a decreasing population trend endangered, pursuant to the Act (16 (BirdLife International 2007c). The Endangered and Threatened Wildlife U.S.C. 1531, et seq.). These species are: IUCN classifies the Fiji petrel as and Plants; Proposed Rule To List Six the Chatham petrel (Pterodroma ‘‘Critically Endangered’’ (BirdLife Foreign Bird Species Under the axillaris), Fiji petrel (Pterodroma International 2006c). Endangered Species Act macgillivrayi), and magenta petrel (Pterodroma magentae). We also Magenta petrel (Pterodroma magentae) AGENCY: Fish and Wildlife Service, propose to list the Cook’s petrel The magenta petrel, or Taiko as it is Interior. (Pterodroma cookii), Galapagos petrel known locally, is native to Chatham ACTION: Proposed rule. (Pterodroma phaeopygia), and Island, New Zealand (BirdLife Heinroth’s shearwater (Puffinus International 2000), the largest island in SUMMARY: We, the U.S. Fish and heinrothi) as threatened species under the Chatham Islands chain, covering 348 Wildlife Service (Service), propose to the Act. All species are considered square miles (900 km2, Wikipedia list three petrel species (order pelagic, occurring on the open sea 2007b). Based on fossil evidence and Procellariiformes), the Chatham petrel generally out of sight of land, where historical records, it is believed that the (Pterodroma axillaris), previously they feed year round. They return to magenta petrel was once the most referred to as (Pterodroma hypoleuca nesting sites on islands during the abundant burrowing seabird on axillaris); Fiji petrel (Pterodroma breeding season where they nest in Chatham Island (Bourne 1964, Sutton macgillivrayi); and the magenta petrel colonies (Pettingill 1970, p. 206). and Marshall 1977, as cited in NZDOC (Pterodroma magentae) as endangered, 2001a). It has been reported that prior to pursuant to the Endangered Species Act Chatham petrel (Pterodroma axillaris) 1900, indigenous Moriori and Maori of 1973, as amended (Act). In addition, The Chatham petrel is also known by harvested thousands of petrel chicks for we propose to list the Cook’s petrel its Maori name, ranguru. Fossil food (Crockett 1994). The limited (Pterodroma cookii); Galapagos petrel evidence indicates that this species was feeding habits data show that the (Pterodroma phaeopygia), previously once widespread throughout the magenta petrel preys on squid (Heather referred to as (Pterodroma phaeopygia Chatham Islands of New Zealand [New and Robertson 1997, as cited in BirdLife phaeopygia); and the Heinroth’s Zealand Department of Conservation International 2000). shearwater (Puffinus heinrothi) as (NZDOC) 2001b]. However, the species The type specimen for the magenta threatened under the Act. This proposal, is currently only known to breed on petrel was first collected at sea in 1867, if made final, would extend the Act’s South East Island (Rangatira) (BirdLife and after 10 years of intensive searching protection to these species. The Service International 2007a) and, as a result of the species was re-discovered in 1978 in VerDate Aug<31>2005 15:26 Dec 14, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\17DEP1.SGM 17DEP1 ebenthall on PROD1PC69 with PROPOSALS Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules 71299 the southeast corner of Chatham Island BirdLife International 2000). This priority listing actions, then the petition (Crockett 1994). Since then, additional species feeds mostly on squid, fish, and to list that species is treated as if it is searches have resulted in the location crustaceans (Castro and Phillips 1996, a petition that is resubmitted on the date and banding of 92 birds (BirdLife as cited in BirdLife International 2000), of the finding and is, therefore, subject International 2007d). The IUCN and has been observed foraging near the to a new 12-month finding within one considers this species as ‘‘Critically Galapagos Islands, as well as east and year. The Service publishes an Annual Endangered’’ (BirdLife International north of the islands (Spear, et al. 1995). Notice of Resubmitted Petition Findings 2006d). The magenta petrel population The IUCN classifies the Galapagos (annual notice) for all foreign species for is estimated at 120 individuals with a petrel as ‘‘Critically Endangered’’ which listings were previously found to decreasing trend (BirdLife International (BirdLife International 2006e). The total be warranted but precluded. 2007d). population is estimated to be 20,000– On November 24, 1980, we received 60,000 birds with a decreasing a petition (1980 petition) from Dr. Cook’s petrel (Pterodroma cookii) population trend (BirdLife International Warren B. King, Chairman, United Cook’s petrel is endemic to the New 2007e). States Section of the International Zealand archipelago (del Hoyo, et al. Council for Bird Preservation (ICBP), to Heinroth’s shearwater (Puffinus 1992), which comprises two main add 79 native and foreign bird species heinrothi) islands, the North and South Islands, to the list of Threatened and and numerous smaller islands. The total Very little information is available on Endangered Wildlife (50 CFR 17.11). land area of the archipelago covers the Heinroth’s shearwater and its life The species covered by the 1980 103,700 square miles (268,680 km2, history. The species’ nesting grounds petition comprised 19 native species Wikipedia 2007i). Historically, Cook’s have not been located, but observations and 60 foreign species, including the six petrels were harvested in large numbers of the species indicate that the species seabird species of the family as a food source by native Moriori breeds on Bougainville Island in Papua Procellariidae that are the subject of this (Oliver 1955). New Guinea, and Kolombangara and proposed rule. In response to the 1980 Although the Cook’s petrel was once Rendova Islands in the Solomon Islands petition, we published a notice to considered a dominant species on these (Buckingham, et al. 1995, Coates 1985, announce a positive 90-day finding on islands, the species’ breeding and 1990, as cited in BirdLife International May 12, 1981 (46 FR 26464) for 77 nesting activities are now restricted to 2000). species, as two of the foreign species islands at the northern and southern The IUCN categorizes this species as identified were already listed under the limits of its former breeding range, ‘‘Vulnerable’’ (BirdLife International Act.
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