58084 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules EPA has determined that this these species may be warranted. we are required to promptly conduct a proposed rule will not have Therefore, with the publication of this species status review, which we disproportionately high and adverse notice, we are initiating a review of the subsequently summarize in our 12- human health or environmental effects status of the U.S. captive members of month finding. on minority or low-income populations these species to determine if delisting Petition History because it increases the level of the U.S. captive specimens is warranted. environmental protection for all affected Based on the status review, we will On June 29, 2010, we received two populations without having any issue a 12-month finding on these two petitions, one dated June 29, 2010, from disproportionately high and adverse petitions, which will address whether Nancie Marzulla, submitted on behalf of human health or environmental effects the petitioned action is warranted, as the Exotic Wildlife Association (EWA), on any population, including any provided in section 4(b)(3)(B) of the Act. and one dated June 28, 2010, from Anna minority or low-income population. DATES: The findings announced in this M. Seidman submitted on behalf of This rule would provide fire document were made on September 19, Safari Club International and Safari suppression substitutes that have no 2012. Club International Foundation (SCI). The SCI petitioner requested that the ODP and low or no GWP. The avoided ADDRESSES: These findings are available ODS and GWP emissions would assist ‘‘U.S. captive populations’’ of three on the Internet at http:// antelope species, the scimitar-horned in restoring the stratospheric ozone www.regulations.gov at Docket Number layer, avoiding adverse climate impacts, oryx (Oryx dammah), dama gazelle FWS–HQ–ES–2012–0077. Supporting (Gazella dama), and addax (Addax and result in human health and documentation we used in preparing environmental benefits. nasomaculatus), be removed from the these findings is available for public Federal List of Endangered and List of Subjects in 40 CFR Part 82 inspection, by appointment, during Threatened Wildlife (List) under the normal business hours at the U.S. Fish Act. The SCI petitioner also requested Environmental protection, and Wildlife Service, 4401 North Fairfax Administrative practice and procedure, that we ‘‘correct the Endangered Species Drive, Room 420, Arlington, VA 22203. Act listing of scimitar-horned oryx, Air pollution control, Reporting and Please submit any new information, recordkeeping requirements. dama gazelle, and addax to specify that materials, comments, or questions only the populations in the portion of Dated: September 11, 2012. concerning these findings to the above their range outside of the United States Lisa P. Jackson, street address. are classified as endangered.’’ The EWA Administrator. FOR FURTHER INFORMATION CONTACT: petitioner requested that the ‘‘U.S. [FR Doc. 2012–23136 Filed 9–18–12; 8:45 am] Janine Van Norman, Chief, Branch of captive-bred populations’’ of these same BILLING CODE 6560–50–P Foreign Species, Endangered Species three species be removed from the List. Program, U.S. Fish and Wildlife Service, Both petitions indicated that removal or 4401 North Fairfax Drive, Room 420, delisting of the U.S. captive or U.S. DEPARTMENT OF THE INTERIOR Arlington, VA 22203; telephone 703– captive-bred individuals of these 358–2171. If you use a species was warranted pursuant to 50 Fish and Wildlife Service telecommunications device for the deaf CFR 424.11(d)(3) because the Service’s (TDD), call the Federal Information interpretation of the original data that 50 CFR Part 17 Relay Service (FIRS) at 800–877–8339. these species are endangered in their SUPPLEMENTARY INFORMATION: entirety was in error. EWA’s petition [Docket No. FWS–HQ–ES–2012–0077; contained an additional ground for 4500030115] Background recommending delisting of the ‘‘U.S. Endangered and Threatened Wildlife Section 4(b)(3)(A) of the Act (16 captive-bred populations’’ of these and Plants; 90-Day Findings on U.S.C. 1531 et seq.) requires that we species on the basis that these Petitions To Delist U.S. Captive make a finding on whether a petition to ‘‘populations’’ have recovered pursuant Populations of the Scimitar-Horned list, delist, or reclassify a species to 50 CFR 424.11(d)(2). Both petitions Oryx, Dama Gazelle, and Addax presents substantial scientific or clearly identified themselves as such commercial information indicating that and included the requisite identification AGENCY: Fish and Wildlife Service, the petitioned action may be warranted. information for the petitioners, as Interior. We are to base this finding on required by 50 CFR 424.14(a). information provided in the petition, ACTION: Notice of 90-day petition Previous Federal Action(s) findings and initiation of status review. supporting information submitted with the petition, and information otherwise Two subspecies of the dama gazelle, SUMMARY: We, the U.S. Fish and available in our files. To the maximum the Mhorr gazelle (Gazella dama mhorr) Wildlife Service (‘‘Service’’), announce extent practicable, we are to make this and Rio de Oro dama gazelle (G. d. 90-day findings on two petitions to finding within 90 days of our receipt of lozanoi) were listed as endangered in remove the U.S. captive-bred and U.S. the petition, and publish our notice of their entirety, i.e. wherever found, on captive populations of three antelope the finding promptly in the Federal June 2, 1970 (35 FR 8491). On species, the scimitar-horned oryx (Oryx Register. November 5, 1991, we published in the dammah), dama gazelle (Gazella dama), Our standard for substantial scientific Federal Register (56 FR 56491) a and addax (Addax nasomaculatus), or commercial information within the proposed rule to list the scimitar-horned from the List of Endangered and Code of Federal Regulations (CFR) with oryx, addax, and dama gazelle as Threatened Wildlife as determined regard to a 90-day petition finding is endangered in their entireties. We re- under the Endangered Species Act of ‘‘that amount of information that would opened the comment period on the 1973, as amended (Act or ESA). Based lead a reasonable person to believe that proposed rule to request information on our review, we find that the petitions the measure proposed in the petition and comments from the public on June present substantial information may be warranted’’ (50 CFR 424.14(b)). 8, 1992 (57 FR 24220), July 24, 2003 (68 indicating that delisting the U.S. captive If we find that substantial scientific or FR 43706), and again on November 26, animals or U.S. captive-bred members of commercial information was presented, 2003 (68 FR 66395). VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules 58085 On February 1, 2005 (70 FR 5117), we the regulation at 50 CFR 17.21(h), thus As part of planned reintroduction announced a proposed rule and notice eliminating the exclusion for U.S. projects, captive-bred individuals of the of availability of a draft environmental captive-bred scimitar-horned oryx, three antelope species have been assessment to add new regulations addax, and dama gazelle from certain released into fenced, protected areas in under the Act to govern certain prohibitions under the Act. Under the Tunisia, Morocco, and Senegal. These activities with U.S. captive-bred proposed rule, any person who intended animals may be released into the wild scimitar-horned oryx, addax, and dama to conduct an otherwise prohibited when adequately protected habitat is gazelle, should they become listed as activity with U.S. captive-bred scimitar- available. However, continued habitat endangered. The proposed rule covered horned oryx, addax, or dama gazelle loss and wanton killing have made U.S. captive-bred live animals, would need to qualify for an exemption reintroduction nonviable in most cases including embryos and gametes, and or obtain authorization for such activity (70 FR 52319). sport-hunted trophies, and would under the Act and applicable For more information on the scimitar- authorize, under certain conditions, regulations. On January 5, 2012, we horned oryx, dama gazelle, and addax, certain otherwise prohibited activities published a final rule (77 FR 431) see our final listing rule for these that enhance the propagation or survival removing the regulation at 50 CFR species (70 FR 52319; September 2, of the species. The ‘‘otherwise 17.21(h). 2005). prohibited activities’’ were take; export Species Information Standards for Evaluating Information or re-import; delivery, receipt, carrying, in the Petitions transport, or shipment in interstate or The scimitar-horned oryx, dama foreign commerce, in the course of a gazelle, and addax are each native to Section 4 of the Act (16 U.S.C. 1533) commercial activity; or sale or offering several countries in northern Africa. and its implementing regulations at 50 for sale in interstate or foreign Although previously widespread in the CFR Part 424 set forth the procedures commerce. In the proposed rule, we region, populations have been greatly for adding a species to, or removing a found that the scimitar-horned oryx, reduced primarily as a result of habitat species from, the Federal Lists of addax, and dama gazelle are dependent loss, uncontrolled killing, and the Endangered and Threatened Wildlife on captive breeding and activities inadequacy of regulatory mechanisms and Plants. A species may be associated with captive breeding for (70 FR 52319). Estimated numbers of determined to be an endangered or their conservation, and that activities individuals in the wild are extremely threatened species due to one or more low.