74434 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Proposed Rules Dated: November 25, 2008. Information Relay Service (FIRS) at the requested action may be warranted. H. Dale Hall, 800–877–8339. To the maximum extent practicable, the Director, U.S. Fish and Wildlife Service. SUPPLEMENTARY INFORMATION: finding must be made within 90 days following receipt of the petition and [FR Doc. E8–29004 Filed 12–5–08; 8:45 am] Public Comments BILLING CODE 4310–55–P published promptly in the Federal We intend that any final action Register. If we find that the petition has resulting from this proposal will be as presented substantial information DEPARTMENT OF THE INTERIOR accurate and as effective as possible. indicating that the requested action may Therefore, we request comments or be warranted (a positive finding), Fish and Wildlife Service suggestions on this proposed rule. We section 4(b)(3)(A) of the Act requires us particularly seek comments concerning: to commence a status review of the 50 CFR Part 17 (1) Biological, commercial trade, or species if one has not already been other relevant data concerning any initiated under our internal candidate [FWS–R9–IA–2008–0108; 96100–1671– 0000–B6] threats (or lack thereof) to this species assessment process. In addition, section and regulations that may be addressing 4(b)(3)(B) of the Act requires us to make RIN 1018–AW01 those threats. a finding within 12 months following (2) Additional information concerning receipt of the petition on whether the Endangered and Threatened Wildlife the range, distribution, and population requested action is warranted, not and Plants; Listing the Medium Tree size of this species, including the warranted, or warranted but precluded Finch (Camarhynchus pauper) as locations of any additional populations by higher priority listing actions (this Endangered Throughout Its Range of this species. finding is referred to as the ‘‘12-month AGENCY: Fish and Wildlife Service, (3) Any information on the biological finding’’). Section 4(b)(3)(C) of the Act Interior. or ecological requirements of the requires that a finding of warranted but species. precluded for petition species should be ACTION: Proposed rule. (4) Current or planned activities in the treated as having been resubmitted on SUMMARY: We, the U.S. Fish and areas occupied by the species and the date of the warranted but precluded Wildlife Service (Service), propose to possible impacts of these activities on finding, and is, therefore, subject to a list the medium tree finch this species. new finding within 1 year and (Camarhynchus pauper) as endangered You may submit your comments and subsequently thereafter until we take under the Endangered Species Act of materials concerning this proposed rule action on a proposal to list or withdraw 1973, as amended (Act). This proposal, by one of the methods listed in the our original finding. The Service if made final, would extend the Act’s ADDRESSES section. We will not publishes an annual notice of protection to this species. The Service consider comments sent by e-mail or fax resubmitted petition findings (annual seeks data and comments from the or to an address not listed in the notice) for all foreign species for which public on this proposed rule. ADDRESSES section. listings were previously found to be If you submit a comment via http:// DATES: warranted but precluded. We will accept comments www.regulations.gov, your entire received or postmarked on or before comment—including any personal Previous Federal Actions February 6, 2009. We must receive identifying information—will be posted On May 6, 1991, we received a requests for public hearings, in writing, on the Web site. If you submit a petition (hereafter referred to as the FOR FURTHER at the address shown in the hardcopy comment that includes 1991 petition) from the International INFORMATION CONTACT section by January personal identifying information, you Council for Bird Preservation (ICBP) to 22, 2009. may request at the top of your document add 53 species of foreign birds to the ADDRESSES: You may submit comments that we withhold this information from List of Endangered and Threatened by one of the following methods: public review. However, we cannot Wildlife (50 CFR 17.11(h)), including • Federal eRulemaking Portal: http:// guarantee that we will be able to do so. the medium tree finch, which is the www.regulations.gov. Follow the We will post all hardcopy comments on subject of this proposed rule. In instructions for submitting comments. response to the 1991 petition, we • http://www.regulations.gov. U.S. mail or hand-delivery: Public Comments and materials we receive, published a positive 90-day finding on Comments Processing, Attn: FWS–R9– as well as supporting documentation we December 16, 1991 (56 FR 65207), for all IA–2008–0108; Division of Policy and used in preparing this proposed rule, 53 species, and announced the initiation Directives Management; U.S. Fish and will be available for public inspection of a status review. On March 28, 1994 Wildlife Service; 4401 N. Fairfax Drive, on http://www.regulations.gov, or by (59 FR 14496), we published a 12-month Suite 222; Arlington, VA 22203. appointment, during normal business finding on the 1991 petition, along with We will not accept comments by e-mail hours, at the U.S. Fish and Wildlife a proposed rule to list 30 African birds or fax. We will post all comments on Service, Division of Scientific under the Act (16 U.S.C. 1531 et seq.). http://www.regulations.gov. This Authority, 4401 N. Fairfax Drive, Room In that document, we proposed listing generally means that we will post any 110, Arlington, VA 22203; telephone 15 of the 53 bird species included in the personal information you provide us 703–358–1708. 1991 petition, and announced our (see the Public Comments section below finding that listing the remaining 38 for more information). Background species from the 1991 petition, FOR FURTHER INFORMATION CONTACT: Section 4(b)(3)(A) of the Act requires including the medium tree finch, was Monica A. Horton, Division of Scientific us to make a finding (known as a ‘‘90- warranted but precluded because of Authority, U.S. Fish and Wildlife day finding’’) on whether a petition to other listing activity. Service, 4401 N. Fairfax Drive, Room add a species to, remove a species from, On May 21, 2004 (69 FR 29354) and 110, Arlington, VA 22203; telephone or reclassify a species on the Federal April 23, 2007 (72 FR 20184), we 703–358–1708; facsimile 703–358–2276. List of Endangered and Threatened published in the Federal Register If you use a telecommunications device Wildlife and Plants has presented notices announcing our annual petition for the deaf (TDD), call the Federal substantial information indicating that findings for foreign species. In those VerDate Aug<31>2005 15:06 Dec 05, 2008 Jkt 217001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\08DEP1.SGM 08DEP1 yshivers on PROD1PC62 with PROPOSALS Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Proposed Rules 74435 notices, we made warranted but 188). Males have a black head, neck, or more given good environmental precluded findings for all outstanding and upper breast (Fitter et al. 2000, p. conditions (Fitter et al. 2000, p. 137; foreign species from the 1991 petition, 78; Harris 1982, p. 150; Jackson 1985, p. Wiggins and Porter 1971, p. 22). including the medium tree finch, which 188), and an underside that is gray- The Scalesia zone on Floreana is also is the subject of this proposed rule. brown, and white or yellowish in color dominated by the endemic trees Croton Per the Service’s listing priority (BirdLife International 2008). Their tail scouleri (Gala´pagos croton) and guidelines (September 21, 1983; 48 FR and back is olive green (Fitter et al. Zanthoxylum fagara (lime prickly-ash), 43098), our 2007 annual notice of 2000, p. 78). Females have a head that with other dominant plants including review (ANOR) (April 23, 2007; 72 FR is more gray-brown (BirdLife Phoradendron henslowii (mistletoe), the 20184) identified the listing priority International 2008), and a body that is shrub Macraea laricifolia, and numbers (LPNs) (ranging from 1 to 12) generally olive-green above and pale introduced fruit species such as Citrus for all outstanding foreign species, yellowish below (Fitter et al. 2000, p. limetta, Passiflora edulis, and Psidium including the medium tree finch, which 78). It is similar to the large and small guajava (Christensen and Kleindorfer was designated with an LPN of 11. The tree finches of the same genus, but 2008, in preparation). Beneath the top of medium tree finch does not represent a differs from the large tree finch the canopy, epiphytes (plants that live monotypic genus. As reported in the (Camarhynchus psittacula) primarily on another plant without causing harm 2007 ANOR, the magnitude of threat to due to its significantly smaller and less to the host plant) cover trunks, the species was moderate, as the species parrot-like beak, and from the small tree branches, twigs, and even the leaves of was common in the forested highlands finch (Camarhynchus parvulus) because some plant species (Fitter et al. 2000, p. and its habitat had not been highly of its larger beak (BirdLife International 137; Wiggins and Porter 1971, p. 24). degraded. The immediacy of threat was 2008; Harris 1982, p. 150). It is also Common epiphytes found in the not imminent because the species’ known as the Charles tree finch, the Scalesia zone are mosses, liverworts, habitat is protected by the area’s Santa Maria tree finch, and the Floreana ferns, Peperomia, bromeliads (such as National Park and World Heritage Site tree finch (Sibley and Monroe 1990, p.