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Federal Register/Vol. 74, No. 154/Wednesday, August 12, 2009 40540 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR questions concerning this notice to the precluded finding on a petition to list above address. means that listing is warranted, but that Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: the immediate proposal and timely Chief, Branch of Listing, Endangered promulgation of a final regulation is 50 CFR Part 17 Species Program, (see ADDRESSES); by precluded by higher priority listing [Docket No. FWS-R9-ES-2009-0057] telephone at 703-358-2171; or by actions. In making a warranted-but [90100 16641FLA-B6] facsimile at 703-358-1735). Persons who precluded finding under the Act, the use a telecommunications device for the Service must demonstrate that Endangered and Threatened Wildlife deaf (TDD) may call the Federal expeditious progress is being made to and Plants; Annual Notice of Findings Information Relay Service (FIRS) at 800- add and remove species from the lists of on Resubmitted Petitions for Foreign 877-8339. endangered and threatened wildlife and Species; Annual Description of SUPPLEMENTARY INFORMATION: plants. Progress on Listing Actions Pursuant to section 4(b)(3)(C)(i) of the Background Act, when, in response to a petition, we AGENCY: Fish and Wildlife Service, The Endangered Species Act of 1973, find that listing a species is warranted Interior. but precluded, we must make a new 12– ACTION: Notice of review. as amended (Act) (16 U.S.C. 1531 et seq.), provides two mechanisms for month finding annually until we SUMMARY: In this notice of review, we considering species for listing. First, we publish a proposed rule or make a announce our annual petition findings can identify and propose for listing determination that listing is not for foreign species, as required under those species that are endangered or warranted. These subsequent 12–month section 4(b)(3)(C)(i) of the Endangered threatened based on the factors findings are referred to as ‘‘resubmitted’’ Species Act of 1973, as amended. When, contained in section 4(a)(1) of the Act. petition findings. This notice contains in response to a petition, we find that We implement this mechanism through our resubmitted petition findings for listing a species is warranted but the candidate program. Candidate taxa foreign species previously described in precluded by higher priority listing are those taxa for which we have the 2008 Notice of Review (73 FR 44062; actions, we must complete a new status sufficient information on file relating to July 29, 2008) and that are currently the review each year until we publish a biological vulnerability and threats to subject of outstanding petitions. proposed rule or make a determination support a proposal to list the taxa as Previous Notices that listing is not warranted. These endangered or threatened, but for which The species discussed in this notice subsequent status reviews and the preparation and publication of a were the result of three separate accompanying 12–month findings are proposed rule is precluded by higher petitions submitted to the U.S. Fish and referred to as ‘‘resubmitted’’ petition priority listing actions. The second Wildlife Service (Service) to list a findings. mechanism for considering species for Information contained in this notice number of foreign bird and butterfly listing is for the public to petition to add species as threatened or endangered describes our status review of 20 foreign species to the Lists of Endangered and taxa that were the subjects of previous under the Act. We received petitions to Threatened Wildlife and Plants (Lists). list foreign bird species on November warranted-but-precluded findings, most The species covered by this notice were recently summarized in our 2008 Notice 24, 1980, and May 6, 1991 (46 FR 26464; assessed through the petition process. May 12, 1981, and 56 FR 65207; of Review. Based on our current review, Under section 4(b)(3)(A) of the Act, we find that 20 species (see Table 1) December 16, 1991, respectively). On when we receive a listing petition, we January 10, 1994, we received a petition continue to warrant listing, but that must determine within 90 days, to the their listing remains precluded by to list 7 butterfly species as threatened maximum extent practicable, whether or endangered (59 FR 24117; May 10, higher priority listing actions. the petition presents substantial With this annual notice of review 1994). scientific or commercial information We took several actions on these (ANOR), we are requesting additional indicating that the petitioned action status information for the 20 taxa that petitions. To notify the public on these may be warranted (90–day finding). If actions, we published petition findings, remain warranted but precluded by we make a positive 90–day finding, we higher priority listing actions. We will listing rules, status reviews, and petition are required to promptly commence a finding reviews that included foreign consider this information in preparing review of the status of the species, listing documents and future species in the Federal Register on the whereby, in accordance with section following dates: resubmitted petition findings for these 4(b)(3)(B) of the Act we must make one Date FR Citation 20 taxa. This information will also help of three findings within 12 months of us to monitor the status of the taxa and May 12, 1981 ............ 46 FR 26464 the receipt of the petition (12–month January 20, 1984 ...... 49 FR 2485 in conserving them. finding). The first possible 12–month May 10, 1985 ............ 50 FR 19761 DATES: We will accept information on finding is that listing is not warranted, January 9, 1986 ........ 51 FR 996 these resubmitted petition findings at in which case we need not take any July 7, 1988 .............. 53 FR 25511 any time. further action on the petition. The December 29, 1988 .. 53 FR 52746 April 25, 1990 ............ 55 FR 17475 ADDRESSES: This notice is available on second possibility is that we may find September 28, 1990 55 FR 39858 the Internet at http:// that listing is warranted, in which case November 21, 1991 .. 56 FR 58664 www.regulations.gov, and http:// we must promptly publish a proposed December 16, 1991 .. 56 FR 65207 endangered.fws.gov/. Supporting rule to list the species. Once we publish March 28, 1994 ......... 59 FR 14496 information used in preparing this a proposed rule for a species, sections May 10, 1994 ............ 59 FR 24117 notice is available for public inspection, 4(b)(5) and 4(b)(6) govern further January 12, 1995 ...... 60 FR 2899 by appointment, during normal business procedures, regardless of whether or not May 21, 2004 ............ 69 FR 29354 hours at the Branch of Listing, 4401 N. we issued the proposal in response to April 23, 2007 ............ 72 FR 20184 Fairfax Drive, Room 420, Arlington, the petition. The third possibility is that Our most recent review of petition Virginia 22203. Please submit any new we may find that listing is warranted findings was published on July 29, 2008 information, materials, comments, or but precluded. A warranted-but- (73 FR 44062). VerDate Nov<24>2008 16:38 Aug 11, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\12AUP1.SGM 12AUP1 jlentini on DSKJ8SOYB1PROD with PROPOSALS Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40541 Since our last review of petition referred to as ‘‘candidates’’ under the (Hennessey 2004a as cited in BirdLife findings in July 2008, we have taken Act. The column labeled ‘‘Priority’’ International 2009a8; Maccormack in four listing actions related to species indicates the LPN. Following the litt. 2004 as cited in BirdLife previously included in this notice (see scientific name of each taxon (third International 2008; MacLeod in litt. Preclusion and Expeditious Progress column) is the family designation 2003 as cited in BirdLife International section for additional listing actions that (fourth column) and the common name, 2009a), on the eastern edge of the were not related to this notice). On if one exists (fifth column). The sixth Mosetenes Mountains in Cochabamba, December 8, 2008, we published two column provides the known historic and in the Rio Tambopata area near the proposed rules to list species under the range for the taxon. The avian species in Bolivia/Peru border. Act: One to list the medium tree finch Table 1 are listed taxonomically. In Peru, a subpopulation (Pauxi (73 FR 74434), and the other to list the unicornis koepckeae) is known only black-breasted puffleg (73 FR 74427). Findings on Species for Which Listing from the Sira Mountains in Huanuco On December 24, 2008, we published a Is Warranted but Precluded (Tobias and del Hoyo 2006). In 2005, a proposed rule to list the Andean We have found that, for the 20 taxa team from the Armonia Association flamingo, the Chilean woodstar, and the discussed below, publication of (BirdLife in Bolivia) saw one and heard St. Lucia forest thrush (73 FR 79226). proposed listing rules will continue to three southern helmeted curassow in On July 7, 2009, we published a be precluded over the next year due to the Sira’s: the first sighting of the proposed rule to list the blue-billed the need to complete pending, higher distinctive endemic Peruvian race since curassow, the brown-banded antpitta, priority listing actions. We will 1969 (BirdLife International 2008). the Cauca guan, the gorgeted wood- continue to monitor the status of these Limited reports suggest that the quail, and the Esmeraldas woodstar (74 species as new information becomes southern helmeted curassow is rare here FR 32307). available (see Monitoring, below). Our (MacLeod in litt. 2004 as cited in BirdLife International 2008; Findings on Resubmitted Petitions review of new information will determine if a change in status is Maccormack in litt.
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