Wednesday, March 25, 2009 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Yellow-Billed Loon as Threatened or Endangered; Proposed Rules VerDate Nov<24>2008 01:29 Mar 25, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25MRP2.SGM 25MRP2 PWALKER on PROD1PC71 with PROPOSALS2 12932 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR scientific and commercial information scientific or commercial information to that listing may be warranted, we make indicate that a listing may be warranted Fish and Wildlife Service a finding within 12 months of the date and announced that a status review of receipt of the petition on whether the would be promptly commenced. In that 50 CFR Part 17 petitioned action is: (a) Not warranted, notice we announced the opening of a [FWS–R7–ES–2009–0133; MO9221050083– (b) warranted, or (c) warranted, but that 60-day information collection period B2] immediate proposal of a regulation and invited the public to submit to us implementing the petitioned action is any pertinent information concerning Endangered and Threatened Wildlife precluded by other pending proposals to the status of or threats to this species. and Plants; 12-Month Finding on a determine whether species are Approximately 28,000 comments were Petition To List the Yellow-Billed Loon threatened or endangered, and received during the information as Threatened or Endangered expeditious progress is being made to collection period. We also consulted add or remove qualified species from with recognized yellow-billed loon AGENCY: Fish and Wildlife Service, the Lists of Endangered and Threatened experts and other Federal and State Interior. Wildlife and Plants. Section 4(b)(3)(C) of agencies. We sent letters to national ACTION: Notice of 12-month petition the Act requires that we treat a petition wildlife or natural resource agencies in finding. for which the requested action is found Canada, China, Japan, North Korea, to be warranted but precluded as though Norway, Republic of Korea (South SUMMARY: We, the U.S. Fish and resubmitted on the date of such finding, Korea), and the Russian Federation, Wildlife Service (Service), announce a and is, therefore, subject to a new asking for information about ongoing 12-month finding on a petition to list finding to be made within 12 months management measures and any the yellow-billed loon (Gavia adamsii) and subsequently thereafter until we conservation and management strategies as threatened or endangered, with take action on a proposal to list or being developed to protect the species. critical habitat, under the Endangered withdraw our original finding. We must We received a formal response from the Species Act of 1973, as amended (Act). publish these 12-month findings in the government of Canada, and an informal The petitioners provided two listing Federal Register. response from a government biologist in options for consideration by the Service: the Russian Federation. (1) Listing the yellow-billed loon Previous Federal Actions On June 11, 2007, we received a 60- throughout its range, or (2) listing the On April 5, 2004, we received a day notice of intent to sue from the United States population of the yellow- petition from the Center for Biological Center for Biological Diversity alleging a billed loon as a Distinct Population Diversity (CBD) (Sitka, AK), Natural violation of section 4 of the ESA for Segment (DPS). After a review of the Resources Defense Council failure to complete a 12-month finding best available scientific and commercial (Washington, DC), Pacific Environment on the petition. We informed the information, we have determined that (San Francisco, CA), Trustees for Alaska plaintiffs by letter dated July 9, 2007, listing the yellow-billed loon rangewide (Anchorage, AK), Kaira Club (Chukotka, that further action on the petition was under the Act is warranted but Anadyr, Russia), Kronotsky Nature precluded by higher priority listing precluded by other higher priority Preserve (Kamchatka Region, Russia), actions but that, pending the fiscal year listing actions. Taiga Rangers (Khabarovsk Region, 2008 allocation of funds, we hoped to DATES: This finding was made on March Russia), Yuzhno-Sakhalinsk Local complete the 12-month finding within 25, 2009. Public Fund (Sakhalin Region, Russia), that fiscal year. Interregional Public Charitable On December 19, 2007, the Center for ADDRESSES: This finding is available on Organization of Far Eastern Resource Biological Diversity (CBD) filed a the Internet at http:// Centers (Vladivostok, Russia), complaint alleging that the Service had www.regulations.gov. Data, information, Kamchatka Branch of Pacific Institute of failed to make a timely 12-month comments, or questions regarding this Geography (Petropavlovsk-Kamchatsky, finding on the petition, as required notice should be submitted to the Field Russia), and Kamchatka League of under section 4 of the ESA. Consistent Supervisor, Endangered Species Branch, Independent Experts (Petropavlovsk- with a settlement agreement reached Fairbanks Fish and Wildlife Field Kamchatsky, Russia) to list the yellow- between the Service and CBD, the Court Office, U.S. Fish and Wildlife Service, billed loon as endangered or threatened ordered the Service to submit this 12- 101–12th Ave., Room 110, Fairbanks, throughout its range, or as a Distinct month finding for publication to the AK 99701. The complete administrative Population Segment in the United Federal Register by February 15, 2009. file for this finding is available for States, and to designate critical habitat Because the Service later received public inspection, by appointment, once listed. The petition summarizes substantial new information to be during normal business hours at the threats to the species based on CBD’s evaluated and considered in the 12- above address. review of Fair’s (2002) report, prepared month finding, we subsequently sought FOR FURTHER INFORMATION CONTACT: Mr. for the Natural Resources Defense and were granted a one month extension Ted Swem, Fairbanks Fish and Wildlife Council and Trustees for Alaska, on the with a new deadline of March 16, 2009. Field Office (see ADDRESSES) (telephone status and significance of the species in This notice constitutes a 12-month 907–456–0441; facsimile 907–456– Alaska, as well as CBD’s review of the finding for the petition to list the 0208). If you use a telecommunications scientific literature. In September 2006, yellow-billed loon as threatened or device for the deaf (TDD), call the the Service completed a ‘‘Conservation endangered. The petitioners provided Federal Information Relay Service Agreement for the Yellow-billed Loon two listing options for consideration by (FIRS) at 800–877–8339. (Gavia adamsii)’’ with Federal, State, the Service: (1) Listing the yellow-billed SUPPLEMENTARY INFORMATION: and local partners. In response to the loon throughout its range, or (2) listing petition, we published a 90-day finding the United States population of the Background on the yellow-billed loon in the Federal yellow-billed loon as a Distinct Section 4(b)(3)(B) of the Act (16 Register on June 6, 2007 (72 FR 31256). Population Segment (DPS). Because we U.S.C. 1531 et seq.) requires that, for In the 90-day finding we determined find that listing the yellow-billed loon any petition presenting substantial that the petition presented substantial rangewide is warranted at this time, VerDate Nov<24>2008 01:29 Mar 25, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25MRP2.SGM 25MRP2 PWALKER on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12933 there is no need to conduct further Species Biology (Pandalus danae, Spirontocaris analysis of whether listing the United The yellow-billed loon is a migratory ochotensis), hermit crabs (Pagarus sp.), States population of the yellow-billed bird. Solitary pairs breed on lakes in the and marine worms (Nereis sp.) (Bailey loon as a DPS, which is a smaller arctic tundra of the United States, 1922, p. 205; Cottam and Knappen 1939, geographic entity than the entire range, Russia, and Canada from June to p. 139; North 1994, pp. 6–7; Earnst 2004, pp. 9–10). Pacific sand dabs is warranted, as this consideration is September. During the remainder of the subsumed by the rangewide warranted (Citharichthys sordidus) were found in year the species winters in more but precluded finding. a yellow-billed loon collected southern coastal waters of the Pacific extralimitally (i.e., outside the limits of Outline of This Notice Ocean and the Norway and North Seas. the species’ range) in Baja California Non-breeding birds remain in marine In this notice, we first provide (Jehl 1970, p. 376) and sculpin waters throughout the year, either in background information on the biology (Myoxocephalus scorpius) in a wintering areas or offshore from of the yellow-billed loon. Next, we specimen collected in Norway (Collett breeding grounds. address each of the categories of factors 1894, p. 280). Prey species taken in The following information regarding listed in section 4(a)(1) of the Act. For other wintering grounds, such as in the each factor, we first determine whether the description and natural history of Yellow Sea (which supports 276 fish any stressors, or risk factors, appear to the yellow-billed loon (American species and 54 crustacean species; be negatively affecting yellow-billed Ornithologists’ Union 1998, p. 5) has UNDP 2002, p. 8) are unknown. loons anywhere within the species’ been condensed from the status During the breeding season, foraging range. If we determine they are, then we assessments conducted by North (1994) habitats include lakes, rivers, and the evaluate whether each of these risk and Earnst (2004), and updated with nearshore marine environment.