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Federal Register/Vol. 75, No. 138/Tuesday, July 20, 2010

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Federal Register/Vol. 75, No. 138/Tuesday, July 20, 2010 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 42059 References Cited Based on the status review, we will status review to be complete and based A complete list of all references we issue a 12–month finding on the on the best available scientific and cited in the proposed rule and in this petition, which will address whether commercial information, we request document is available on the Internet at the petitioned action is warranted, as information on the giant Palouse http://www.regulations.gov or by provided in section 4(b)(3)(B) of the Act. earthworm (GPE) from governmental contacting the Carlsbad Fish and DATES: To allow us adequate time to agencies, Native American Tribes, the Wildlife Office (see FOR FURTHER conduct this review, we request that we scientific community, industry, and any INFORMATION CONTACT). receive information on or before other interested parties. We seek September 20, 2010. Please note that if information on: Authors you are using the Federal eRulemaking (1) The species’ biology, range, and The primary authors of this notice are Portal (see ADDRESSES section, below), population trends, including: staff members of the Carlsbad Fish and the deadline for submitting an (a) Habitat requirements for feeding, Wildlife Office (see FOR FURTHER electronic comment is Eastern Time on breeding, and sheltering; INFORMATION CONTACT). this date. (b) Genetics and taxonomy; ADDRESSES: You may submit Authority (c) Historical and current range information by one of the following including distribution patterns; The authority for this action is the methods: (d) Historical and current population • Endangered Species Act of 1973, as Federal eRulemaking Portal: http:// levels, and current and projected trends; amended (16 U.S.C. 1531 et seq.). www.regulations.gov. In the box that and Dated: July 7, 2010 reads ‘‘Enter Keyword or ID,’’ enter the (e) Past and ongoing conservation docket number for this notice, which is Eileen Sobeck, measures for the species and/or its docket number FWS–R1–ES–2010– habitat. Acting Assistant Secretary for Fish and 0023. Check the box that reads ‘‘Open Wildlife and Parks. (2) The factors that are the basis for for Comment/Submission,’’ and then making a listing determination for a [FR Doc. 2010–17708 Filed 7–19– 10; 8:45 am] click the Search button. You should species under section 4(a) of the BILLING CODE S then see an icon that reads ‘‘Submit a Endangered Species Act of 1973, as Comment.’’ Please ensure that you have amended (Act) (16 U.S.C. 1531 et seq.), found the correct rulemaking before DEPARTMENT OF THE INTERIOR which are: submitting your comment. • (a) The present or threatened Fish and Wildlife Service U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R1– destruction, modification, or curtailment of its habitat or range; 50 CFR Part 17 ES–2010–0023; Division of Policy and Directives Management; U.S. Fish and (b) Overutilization for commercial, [Docket No. FWS–R1–ES–2010–0023] Wildlife Service; 4401 N. Fairfax Drive, recreational, scientific, or educational [MO 92210–0–0008–B2] Suite 222; Arlington, VA 22203. purposes; We will post all information received (c) Disease or predation; Endangered and Threatened Wildlife on http://www.regulations.gov. This (d) The inadequacy of existing and Plants; 90-Day Finding on a generally means that we will post any regulatory mechanisms; or Petition To List the Giant Palouse personal information you provide us (e) Other natural or manmade factors Earthworm (Driloleirus americanus) as (see the Information Solicited section affecting its continued existence. Threatened or Endangered below for more details). (3) Information on grassland or other AGENCY: Fish and Wildlife Service, After the date specified in DATES, natural habitats within the range of the Interior. you must submit information directly to species including distribution of known the Field Office (see FOR FURTHER ACTION: Notice of petition finding and or potential habitats; information on INFORMATION CONTACT section below). initiation of status review. ongoing or future activities in potential Please note that we might not be able to GPE habitat; information on life history SUMMARY: We, the U.S. Fish and address or incorporate information that of the GPE and evidence supporting its Wildlife Service (Service), announce a we receive after the above requested endogeic (earthworms that live in 90–day finding on a petition to list the date. mineral soil and consume organic giant Palouse earthworm (Driloleirus FOR FURTHER INFORMATION CONTACT: Ken matter within the soil or at the soil-litter americanus) as threatened or Berg, Manager, Washington Fish and interface) or anecic (earthworms that endangered under the Endangered Wildlife Office, 510 Desmond Dr. SE, inhabit deep vertical burrows and Species Act of 1973, as amended, (Act) Suite 102, Lacey, WA 98503; by emerge at night to consume relatively and to designate critical habitat. Based telephone (360–753–9440); or by fresh plant detritus on the surface) life- on our review, we find that the petition facsimile (360–753–9405). If you use a history mode; and information on other presents substantial scientific or telecommunications device for the deaf native or nonnative earthworm commercial information indicating that (TDD) please call the Federal distributions in the range of the species. listing the giant Palouse earthworm as Information Relay Service (FIRS) at If, after the status review, we threatened or endangered may be 800–877–8339. determine that listing the GPE is warranted. Therefore, with the SUPPLEMENTARY INFORMATION: warranted, we will propose critical publication of this notice, we are habitat (see definition in section 3(5)(A) initiating a review of the status of the Request for Information of the Act), under section 4 of the Act, species to determine if listing the giant When we make a finding that a to the maximum extent prudent and Palouse earthworm is warranted. To petition presents substantial determinable at the time we propose to ensure that this status review is information indicating that listing a list the species. Therefore, within the comprehensive, we are requesting species may be warranted, we are geographical range currently occupied scientific and commercial data and required to promptly review the status by the GPE, we request data and other information regarding this species. of the species (status review). For the information on: VerDate Mar<15>2010 15:03 Jul 19, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.SGM 20JYP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 42060 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules (1)What may constitute ‘‘physical or the petitioned action may be warranted. of its range, or in the Palouse bioregion biological features essential to the We are to base this finding on as a significant portion of its range. The conservation of the species,’’ information provided in the petition, petition clearly identified itself as such (2)where these features are currently supporting information submitted with and included the requisite identification found, and the petition, and information otherwise information for the petitioners, as (3)whether any of these features may available in our files. To the maximum required by 50 CFR 424.14(a). require special management extent practicable, we are to make this The July 1, 2009, petition was considerations or protection. finding within 90 days of our receipt of accompanied by a letter from Samuel W. In addition, we request data and the petition and publish our notice of James, an earthworm taxonomist, and information on ‘‘specific areas outside the finding promptly in the Federal additional information about GPE and the geographical area occupied by the Register. threats to the species that was not species’’ that are ‘‘essential to the Our standard for substantial scientific available to the Service during our conservation of the species.’’ Please or commercial information within the evaluation of the August 30, 2006, provide specific comments and Code of Federal Regulations (CFR) with petition. In an August 5, 2009, letter to information as to what, if any, critical regard to a 90–day petition finding is the petitioners, we responded that we habitat you think we should propose for ‘‘that amount of information that would had reviewed the information presented designation if the species is proposed lead a reasonable person to believe that in the petition and determined that for listing, and why such habitat meets the measure proposed in the petition issuing an emergency regulation the requirements of section 4 of the Act. may be warranted’’ (50 CFR 424.14(b)). temporarily listing the species under Please include sufficient information If we find that substantial scientific or section 4(b)(7) of the Act was not with your submission (such as scientific commercial information was presented, warranted. We also stated that we journal articles or other publications) to we are required to promptly conduct a would not be able to further address the allow us to verify any scientific or status review, which is subsequently petition at that time, but that we would commercial information you include. summarized in our 12–month finding. complete the action when funding Submissions merely stating support became available in fiscal year 2010. Previous Federal Action(s) for or opposition to the action under This finding addresses the petition. consideration without providing On August 30, 2006, we received a supporting information, although noted, petition from three private citizens and Species Information will not be considered in making a three other parties (the Palouse Prairie The GPE was first described by Smith determination. Section 4(b)(1)(A) of the Foundation, the Palouse Audubon in 1897, based on a collection near Act directs that determinations as to Society, and Friends of the Clearwater) Pullman, Washington.
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