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listing species. If we determine in the Eriksen, C. and D. Belk. 1999. Fairy shrimps Authority of California’s puddles, pools and playas. 12-month finding determines that listing The authority for this action is the the midvalley fairy shrimp is warranted, Mad River Press, Inc., Eureka, CA. 181 pp. Fugate, M.. 1998. Branchinecta of North Endangered Species Act of 1973, as we will address the designation of amended (16 U.S.C. 1531 et seq.). critical habitat in the subsequent America: population structure and its proposed listing rule. implications for conservation practice. Dated: April 18, 2003. Pages 140–146 in C.W. Witham, E. Bauder, Steve Williams, Public Information Solicited D. Belk, W. Ferren, and R. Ornduff, eds. Director, Fish and Wildlife Service. Ecology, Conservation and Management of [FR Doc. 03–10310 Filed 4–28–03; 8:45 am] When we make a finding that Vernal Pool Ecosystems. California Native substantial information exists to Plant Society, Sacramento, CA. BILLING CODE 4310–55–P indicate that listing a species may be Helm, B. 1998. Biogeography of eight large branchiopods endemic to California. Pages warranted, we are required to promptly DEPARTMENT OF THE INTERIOR commence a review of the status of the 124–139 in C.W. Witham, E.T. Bauder, D. species. To ensure that the status review Belk, W.R. Ferren Jr., and R. Ornduff, eds. Fish and Wildlife Service is complete and based on the best Ecology, Conservation, and Management of available scientific and commercial Vernal Pool Ecosystems—Proceedings from Availability of Draft Revised information, we are soliciting a 1996 Conference. California Native Plant Environmental Assessment, information on the midvalley fairy Society, Sacramento, CA. Management Plan, and Implementation United States Fish and Wildlife Service. shrimp. We request any additional Guidance for Take of Nestling 1996. Interim survey guidelines to American Peregrine Falcons in the information, comments, and suggestions permittees for recovery permits under from the public, other concerned section 10(a)(1)(A) of the Endangered Contiguous United States and Alaska governmental agencies, the scientific Species Act for the listed vernal pool for Falconry community, industry, or any other branchiopods. 10 pp. (Available at http:// AGENCY: Fish and Wildlife Service, interested parties concerning the status ventura.fws.gov/SurveyProt/shrimp.htm). Interior. of the midvalley fairy shrimp. We are United States Fish and Wildlife Service 1999. ACTION: seeking information regarding historic Programmatic formal endangered species Notice of availability. and current distribution, the species’ act consultation on issuance of 404 permits SUMMARY: This notice is to announce the biology and ecology, ongoing for projects with relatively small effects on availability of a Draft Revised conservation measures for the species listed vernal pool crustaceans within the Environmental Assessment, jurisdiction of the Sacramento Field Office, and its habitat, and threats to the Management Plan, and Implementation species and its habitat. California. February 28, 1999. 13 pp. United States Fish and Wildlife Service. Guidance document on take of nestling If you wish to comment, you may 2002a. Critical habitat designation for four American Peregrine Falcons (Falco submit your comments and materials vernal pool crustaceans and eleven vernal peregrinus anatum) for falconry. We concerning this finding to the Field pool plants in California and southern published a final Environmental Supervisor (see ADDRESSES section). Our Oregon; proposed rule. 67 FR 59884. Assessment in April 2001. The draft practice is to make comments, including U.S. Fish and Wildlife Service. 2002b. Revised Environmental Assessment, names and home addresses of Formal section 7 consultation on the Management Plan, and Implementation respondents, available for public review University of California, Merced Campus Guidance was done to correct an error during regular business hours. and Infrastructure Project (199900203). in the modeling on which the earlier Respondents may request that we Sacramento Fish and Wildlife Office, Environmental Assessment was based withhold a respondent’s identity, as Sacramento, CA. 175 pp. and to use population data since allowable by law. If you wish us to United States Fish and Wildlife Service. delisting to assess the effects of take of withhold your name or address, you 2003. Policy for evaluation of conservation nestlings for falconry. efforts when making listing decisions. 68 must state this request prominently at DATES: Comments on the Environmental FR 15100. the beginning of your comment. Assessment, Management Plan, and However, we will not consider In Litt. References Implementation Guidance are due by anonymous comments. To the extent United States Fish and Wildlife Service. June 30, 2003. consistent with applicable law, we will 2003a. Map of midvalley fairy shrimp ADDRESSES: The document is available make all submissions from occurrences, and occurrences of four other from, and written comments about it organizations or businesses, and from listed shrimp species, documented in should be submitted to, Chief, Division individuals identifying themselves as CNDDB 2002. of Migratory Bird Management, U.S. representatives or officials of United States Fish and Wildlife Service. Fish and Wildlife Service, 4401 North organizations or businesses, available 2003b. Endangered and threatened species Fairfax Drive, Room 634, Arlington, for public inspection in their entirety. that may occur in or be affected by projects Virginia 22203–1610. The fax number Comments and materials received will in the selected quads listed below. (Species for a request or for comments is 703– be available form public inspection, by list generated from internal Service 358–2272. You can request a copy of the appointment, during normal business database). Environmental Assessment by calling hours at the above address. United States Fish and Wildlife Service. 703–358–1714. The Assessment also is 2003c. Electronic map of midvalley fairy available on the Division of Migratory References Cited shrimp occurrences from CNDDB 2002 overlaid on public lands as downloaded Bird Management web pages at http:// Belk, D. and M. Fugate. 2000. Two new from the California Spatial Information migratorybirds.fws.gov. Branchinecta (Crustacea: Anostraca) from Library (http://casil.ucdavis.edu/casil/ FOR FURTHER INFORMATION CONTACT: the Southwestern United States. Southwest Dr. legacy.ca.gov/govcon/). Naturalist 45(2):111–117. George Allen, Division of Migratory Bird California Natural Diversity Data Base. 2002. Author Management, U.S. Fish and Wildlife California Department of Fish and Game, Service, at 703–358–1714. Natural Heritage Division. Sacramento, CA. The primary author of this document SUPPLEMENTARY INFORMATION: The 1 pp. is Glen Tarr (see ADDRESSES section). American peregrine falcon (Falco

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peregrinus anatum) occurs throughout productivity, and mortality information administer court cases under the Court much of North America from the for the western U.S. population. of Indian Offenses for the Southern subarctic boreal forests of Alaska and The nesting population in States west Plains Region. Canada south to Mexico. American of 100° longitude in 1998 was at least EFFECTIVE DATE: April 29, 2003. peregrine falcons nest from central 1091 pairs. Based on recent data FOR FURTHER INFORMATION CONTACT: Alaska, central Yukon Territory, and provided by the States, we believe that Terry Bruner, Tribal Government northern Alberta and Saskatchewan, since delisting the American peregrine Officer, Southern Plains Regional Office, east to the Maritimes and south falcon population in the western United Bureau of Indian Affairs, PO Box 368, (excluding coastal areas north of the States has grown. At a minimum, we WCD Office Complex, Anadarko, Columbia River in Washington and believe the population to have been Oklahoma 73005, Telephone (405) 247– British Columbia) throughout western 10% greater in 2001 than it was in 1998. 6673 ext 209, Fax (405) 247–9240; or Canada and the United States to Baja We also determined that recent Ralph Gonzales, Branch of Judicial California, Sonora, and the highlands of productivity in the western United Services, Office of Tribal Services, central Mexico. American peregrine States has averaged about 1.51 young Bureau of Indian Affairs, 1951 falcons that nest in subarctic areas per nesting attempt. Constitution Avenue, NW., MS 320–SIB, generally winter in South America. To determine an appropriate value to Washington, DC 20240, Telephone (202) Those that nest at lower latitudes use for adult mortality in the 208–4401. exhibit variable migratory behavior; and assessment, we used post-delisting data SUPPLEMENTARY INFORMATION: This some do not migrate. from Arizona, California, Colorado, notice is published in accordance with Peregrine falcons declined Idaho, Montana, New Mexico, Oregon, the authority delegated by the Secretary precipitously in North America Washington, and Wyoming. Population of the Interior to the Assistant following World War II, a decline data from those States, combined with Secretary—Indian Affairs under part attributed largely to organochlorine modeling of population change, 209, Chapter 8, of the Departmental pesticides, mainly DDT, applied in the indicated that adult mortality since Manual (209 DM 8). United States and Canada. Because of delisting has been 10.1% per year. On November 16, 2002, the Kaw the decline, the American peregrine was We considered six alternatives to Executive Council passed a motion to listed as endangered in 1970 (35 FR address potential take of nestling return court function to the Bureau of 16047). American peregrine falcons in the Indian Affairs. On December 12, 2002, Recovery goals for American western United States and Alaska. The Resolution 96(a) was adopted by a peregrine falcons in the United States No Action Alternative would mean that majority of the Executive Council for the were substantially exceeded in some no legal take of peregrine falcons for same purpose. By letter dated February areas, and in August 1999 the American falconry can occur. We also evaluated 28, 2003, the Office of Self-Governance, peregrine was removed from the List of allowing take of 5%, 10%, 15%, and Department of the Interior, advised the Endangered and Threatened Wildlife 20% of annual production in states west ° Kaw Nation that the funding for the and Plants (64 FR 46541). Anticipating of 100 longitude. The sixth alternative tribal court was being withdrawn and delisting, in June 1999 the States, we evaluated was lifting the current that the Bureau of Indian Affairs, through the International Association of restriction on take by falconry Southern Plains Regional Office’s Fish and Wildlife Agencies, proposed permittees in 11 contiguous western (formerly the Anadarko Area Office) allowing take of nestling American States and Alaska. The preferred Court of Indian Offenses would peregrines for falconry. alternative is to allow take of 5% of the reassume jurisdiction over matters In an October 1999 Federal Register nestlings produced in Western States, arising within the Kaw Nation, as listed notice (64 FR 53686), we stated that we with take at the discretion of each State. in 25 CFR part 11.100(a)(9)(x). The would consider a conservative take of The 5% level of take would allow Court of Indian Offenses for the tribes in nestling peregrines from healthy continued good population growth if western Oklahoma was established in populations of American peregrine population density does not affect response to the decisions of United falcons in the western U.S. and Alaska. reproduction or survival. States v. Littlechief, No. CR–76–207–D, We published a Final Environmental Dated: March 20, 2003. and State of Oklahoma v. Littlechief, Assessment in April 2001. The draft Paul R. Schmidt, 573 P.2d 263 (Okla. Crim. App. 1978), Revised Environmental Assessment was Assistant Director, Migratory Birds and State which held that the State of Oklahoma done to correct an error in the modeling Programs. lacked jurisdiction over matters on which the earlier Environmental [FR Doc. 03–10524 Filed 4–28–03; 8:45 am] occurring on trust or restricted lands (44 Assessment was based. In the models BILLING CODE 4310–55–P FR 37502). This Court of Indian the breeding age for American Offenses continues to serve those tribes peregrines was inadvertently set at two in the Southern Plains Region which years of age, rather than three. Though DEPARTMENT OF THE INTERIOR have not established tribal courts. The some peregrines breed as early as age Kaw Nation’s retrocession and closing two, to be conservative we intended to Bureau of Indian Affairs of its tribal court creates a jurisdictional model breeding first at age three. vacuum. In order to protect lives, Corrected modeling and evaluation of Law and Order on Indian Reservations persons, and property of people residing recent American peregrine falcon AGENCY: Bureau of Indian Affairs, within the Nation’s jurisdiction, the population data in the western United Interior. Bureau of Indian Affairs must States indicated that the adult mortality ACTION: Notice of Intent to reassume immediately reassume judicial figure used for comparisons in the judicial jurisdiction. jurisdiction within the Indian country of original Environmental Assessment was the Kaw Nation of Oklahoma, until such too high. Therefore, we based analyses SUMMARY: This notice announces the time as the Nation reestablishes its court in the revised Environmental Bureau of Indian Affairs’ intent to in accordance with 25 CFR 11.100(c). Assessment on updated American reassume judicial jurisdiction for the For this reason, effective April 29, 2003, peregrine falcon population, Kaw Nation of Oklahoma and to the Bureau of Indian Affairs reassumes

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