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Federal Register/Vol. 75, No. 37/Thursday, February 25, 2010

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Federal Register/Vol. 75, No. 37/Thursday, February 25, 2010 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8621 We encourage interested parties to DEPARTMENT OF THE INTERIOR Wildlife Office, 2600 SE. 98th Avenue, continue to gather data that will assist Suite 100, Portland, OR 97266; with the conservation of the species. If Fish and Wildlife Service telephone 503–231–6179; facsimile you wish to provide information 503–231–6195. regarding the bald eagle, you may 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Paul submit your information or materials to [Docket No. FWS–R1–ES–2008–0128] Henson, Ph.D., State Supervisor, U.S. the Field Supervisor, Arizona Ecological [MO 92210–0–0009–B4] Fish and Wildlife Service, Oregon Fish ADDRESSES and Wildlife Office (see ADDRESSES, Services Office (see section RIN 1018–AW72 above). The Service continues to above). Persons who use a strongly support the cooperative Endangered and Threatened Wildlife telecommunications device for the deaf conservation of the Sonoran Desert Area and Plants; Withdrawal of Proposed (TDD) may call the Federal Information bald eagle. Rule To List the Southwestern Relay Service (FIRS) at 800–877–8339. On March 6, 2008, the U.S. District Washington/Columbia River Distinct SUPPLEMENTARY INFORMATION: Court for the District of Arizona Population Segment of Coastal Background enjoined our application of the July 9, Cutthroat Trout (Oncorhynchus clarki clarki) as Threatened On July 5, 2002, we published a 2007 (72 FR 37346), final delisting rule notice of our withdrawal of the for bald eagles to the Sonoran Desert AGENCY: Fish and Wildlife Service, proposed rule to list the Southwestern population pending the outcome of our Interior. Washington/Columbia River distinct status review and 12-month petition ACTION: Proposed rule; withdrawal. population segment (DPS) of the coastal finding. As a result, we put this cutthroat trout (Oncorhynchus clarki population back on the List of SUMMARY: We, the U.S. Fish and clarki) as threatened under the Threatened and Endangered Species on Wildlife Service (Service), have Endangered Species Act of 1973, as May 1, 2008. In light of our 12-month determined that the proposed listing of amended (Act) (67 FR 44934; July 5, finding presented above, we intend to the Southwestern Washington/Columbia 2002). As a result of litigation, we are publish a separate notice to remove this River Distinct Population Segment required to reconsider our withdrawal population from the List of Threatened (DPS) of coastal cutthroat trout as a of the proposed rule with specific regard and Endangered Wildlife. However, we threatened species under the to the question of whether marine and will only do so once the U.S. District Endangered Species Act of 1973, as estuarine areas may constitute a Court for the District of Arizona has amended (Act), is not warranted. We significant portion of the range of the confirmed that its injunction, which therefore withdraw our proposed rule Southwestern Washington/Columbia (64 FR 16397; April 5, 1999) to list the required us to add this population to the River DPS of coastal cutthroat trout. DPS under the Act. Although we had List of Threatened and Endangered On March 24, 2009, we published a earlier concluded that this DPS did not Wildlife, has been dissolved. Until that notice of reopening of a comment period warrant listing under the Act, as a result on the proposed rule (74 FR 12297). In time, the Sonoran Desert Area of litigation we have reconsidered population will remain protected by the that notice, we alerted the public, other whether the marine and estuarine areas concerned governmental agencies, the Act. of the DPS may warrant listing if they scientific community, industry, and any References Cited constitute a significant portion of the other interested party of our request for range of the DPS. Based upon a information, data, or comments on the A complete list of all references cited thorough review of the best available marine and estuarine areas of the herein is available, upon request, from scientific and commercial data, we have Southwestern Washington/Columbia the Arizona Ecological Services Office determined that the threats to coastal River DPS of coastal cutthroat trout, of the U.S. Fish and Wildlife Service cutthroat trout in the marine and with particular regard to whether these (see ADDRESSES section above). estuarine areas of its range within the areas constitute a significant portion of DPS, as analyzed under the five listing the range of the DPS under the Act, and Author factors described in section 4(a)(1) of the if so, whether the subspecies is The primary authors of this notice are Act, are not likely to endanger the threatened or endangered in those areas. species now or in the foreseeable future the staff of the Arizona Ecological The comment period closed on April throughout this portion of its range. We, Services Office (see ADDRESSES). 23, 2009, and we received four comment therefore, again withdraw our proposed letters. After analyzing the information Authority rule, as we have determined that the received, information in our files, and coastal cutthroat trout is not likely to all other available information, we The authority for this action is the become endangered now or in the analyzed the threats to coastal cutthroat Endangered Species Act of 1973, as foreseeable future throughout all or a trout in the marine and estuarine amended (16 U.S.C. 1531 et seq.). significant portion of its range within portion of the DPS to determine whether Dated: February 17, 2010. the Southwestern Washington/Columbia coastal cutthroat trout are threatened or River DPS. Hannibal Bolton, endangered in that area and, if so, ADDRESSES: This withdrawal and whether the area constitutes a Acting Director, Fish and Wildlife Service. supporting documentation are available significant portion of the range of the [FR Doc. 2010–3794 Filed 2–24–10; 8:45 am] on the Internet at http:// DPS. Although the Court did not ask us BILLING CODE 4310–55–P www.regulations.gov; search for Docket to revisit status, trends, and threats to Number [FWS–R1–ES–2008–0128]. anadromous cutthroat trout or other life- Supporting documentation for this history forms outside of marine and determination is also available for estuarine areas, we have also considered inspection, by appointment, during any new information available for these normal business hours at the U.S. Fish areas that would suggest any significant and Wildlife Service, Oregon Fish and change in status, trend, or threats for the VerDate Nov<24>2008 17:18 Feb 24, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 E:\FR\FM\25FEP1.SGM 25FEP1 sroberts on DSKD5P82C1PROD with PROPOSALS 8622 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules remainder of the DPS. This withdrawal of the DPS do not warrant listing as Previous Federal Actions of the proposed rule is the result of our either threatened or endangered. The Federal Register documents determination that coastal cutthroat related to this current withdrawal action trout in the marine and estuarine areas are listed in table 1 and explained further in text following the table. TABLE 1—FEDERAL REGISTER PUBLICATIONS CONCERNING THE PROPOSED LISTING OF THE SOUTHWESTERN WASHINGTON/ COLUMBIA RIVER DISTINCT POPULATION SEGMENT OF COASTAL CUTTHROAT TROUT (Oncorhynchus clarki clarki). Date of Federal Register Publication Federal Register Citation Action April 5, 1999 64 FR 16397 FWS and NMFS jointly issue a proposed rule to list the southwestern Washington/Columbia River distinct population segment of coastal cutthroat trout as threatened and opened a public comment period until July 6, 1999 April 14, 2000 65 FR 20123 Announced 6–month extension for publishing the final determination on the April 5, 1999, proposed rule from the normal 12–month timeframe required by the Act (extension was from April 5, 2000, to October 5, 2000) April 21, 2000 65 FR 21376 Announced transfer of regulatory jurisdiction for coastal cutthroat trout from joint FWS and NMFS management to FWS exclusively June 2, 2000 65 FR 35315 Reopened the comment period on the April 5, 1999, proposed rule until July 23, 2000, and announced a public hearing on June 20, 2000 July 14, 2000 65 FR 43730 Clarified the take prohibitions that would go into effect if the April 5, 1999, proposed rule was finalized September 6, 2000 65 FR 53974 Reopened the comment period on the July 14, 2000, take clarification document until September 29, 2000, and announced a public hearing on September 21, 2000 November 23, 2001 66 FR 58706 Reopened the comment period on the April 5, 1999, proposed rule to list until December 24, 2001 July 5, 2002 67 FR 44934 Withdrew the April 5, 1999, proposed rule to list March 24, 2009 74 FR 12297 Reconsidered the July 5, 2002, withdrawal and reopened the comment period on the April 5, 1999, proposed rule to list until April 23, 2009 As indicated in table 1, the National (65 FR 21376). On June 2, 2000, we reopened for an additional 30 days on Marine Fisheries Service (NMFS) and again reopened the comment period on November 23, 2001 (66 FR 58706). the Service jointly published a proposed the proposed rule and announced a On July 5, 2002, we published a rule to list the Southwestern public hearing to be held in Ilwaco, notice of withdrawal of the proposed Washington/Columbia River ESU (later Washington, on June 20, 2000, to allow rule to list the Southwestern DPS) of coastal cutthroat trout as a all interested parties to submit oral or Washington/Columbia River DPS of the threatened population under the written comments on the proposal (65 coastal cutthroat trout as threatened (67 distinct vertebrate population segment FR 35315). On July 14, 2000, we FR 44934; July 5, 2002).
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