Vol. 78 Thursday, No. 80 April 25, 2013 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Proposed Rule VerDate Mar<15>2010 18:12 Apr 24, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25APP5.SGM 25APP5 tkelley on DSK3SPTVN1PROD with PROPOSALS5 24604 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR the Lists of Endangered and Threatened whose listings are warranted but Wildlife and Plants under the precluded by higher priority proposals Fish and Wildlife Service Endangered Species Act of 1973, as to determine whether any species is an amended. When, in response to a endangered or threatened species. We 50 CFR Part 17 petition, we find that listing a species is will consider this information in [Docket No. FWS–R9–ES–2012–0044; 450 warranted but precluded by higher preparing listing documents and future 003 0115] priority proposals to determine whether resubmitted petition findings for these any species is an endangered species or 20 taxa. This information will also help Endangered and Threatened Wildlife a threatened species, we must review us to monitor the status of the taxa and and Plants; Annual Notice of Findings the status of the species each year until conserve them. We request the on Resubmitted Petitions for Foreign we publish a proposed rule or make a submission of any further information Species; Annual Description of determination that listing is not on the species in this notice as soon as Progress on Listing Actions warranted. These subsequent status possible, or whenever it becomes reviews and the accompanying 12- available. We especially seek AGENCY: Fish and Wildlife Service, month findings are referred to as information: Interior. ‘‘resubmitted’’ petition findings. (1) Indicating that we should remove ACTION: Notice of review. Since publication of the previous a taxon from consideration for listing; ANOR on May 3, 2011 (76 FR 25150), (2) Documenting threats to any of the SUMMARY: In this Annual Notice of we reviewed the available information included taxa; Review (ANOR) of foreign species, we on candidate species to ensure that (3) Describing the immediacy or present an updated list of plant and listing is warranted for each species and magnitude of threats facing these taxa; animal species foreign to the United reevaluated the relative listing priority (4) Identifying taxonomic or States that we regard as candidates for number (LPN) assigned to each species. nomenclatural changes for any of the addition to the Lists of Endangered and We also evaluated the need to taxa; or Threatened Wildlife and Plants under emergency list any of these species, (5) Noting any mistakes, such as the Endangered Species Act of 1973, as particularly species with high listing errors in the indicated historic ranges. amended. This review ensures that we priority numbers (i.e., species with You may submit your information focus conservation efforts on those LPNs of 1, 2, or 3). This review ensures concerning this notice in general or for species at greatest risk first. Overall, this that we focus conservation efforts on any of the species included in this ANOR recognizes one new candidate those species at greatest risk first. In notice by one of the methods listed in and removes one species from candidate addition to reviewing foreign candidate the ADDRESSES section. status. The current number of foreign species since publication of the last Background species that are candidates for listing is ANOR, we have worked on numerous 20. Based on our current review, we findings in response to petitions to list The Endangered Species Act of 1973, find that 20 species continue to warrant species and on proposed and final as amended (Act) (16 U.S.C. 1531 et listing, but their listing remains determinations for rules to list, delist, or seq.), provides two mechanisms for precluded by higher priority proposals downlist species under the Act. Some of considering species for listing. First, we, to determine whether any species is an these findings and determinations have upon our own initiative, can identify endangered species or a threatened been completed and published in the and propose for listing those species species. Federal Register, while work on others that are endangered or threatened based on the factors contained in section DATES: We will accept information on is still under way (see Preclusion and 4(a)(1) of the Act. We implement this these resubmitted petition findings at Expeditious Progress section, below, for mechanism through the candidate any time. details). Overall, this ANOR recognizes one program. Candidate taxa are those taxa ADDRESSES: This notice is available on new candidate and removes one species for which we have sufficient the Internet at http:// from candidate status. The current information on file relating to biological www.regulations.gov. Please submit any number of foreign species that are vulnerability and threats to support a new information, materials, comments, candidates for listing is 20. Based on our proposal to list the taxa as endangered or questions of a general nature on this current review, we find that 20 species or threatened, but for which preparation notice to the Arlington, VA, address continue to warrant listing, but their and publication of a proposed rule is listed in the FOR FURTHER INFORMATION listing remains precluded by higher precluded by higher priority proposals CONTACT section below. priority proposals to determine whether to determine whether any species is an FOR FURTHER INFORMATION CONTACT: any species is an endangered species or endangered species or a threatened Chief, Branch of Foreign Species, a threatened species. species. The second mechanism for Endangered Species Program, U.S. Fish considering species for listing is when and Wildlife Service, 4401 North Fairfax Request for Information the public petitions us to add species to Drive, Room 420, Arlington, VA 22203; This ANOR summarizes the status the Lists of Endangered and Threatened telephone 703–358–2171. If you use a and threats that we evaluated in order Wildlife and Plants (Lists). Nineteen of telecommunications device for the deaf to determine that species qualify as these species covered by this notice (TDD), call the Federal Information candidates and to assign an LPN to each were assessed through the petition Relay Service (FIRS) at 800–877–8339. species or to determine that species process. SUPPLEMENTARY INFORMATION: should be removed from candidate Under section 4(b)(3)(A) of the Act, status. This document also describes our when we receive a listing petition we Executive Summary progress in revising the Lists of must determine within 90 days, to the In this Annual Notice of Review Endangered and Threatened Wildlife maximum extent practicable, whether (ANOR) of foreign species, we present and Plants (Lists) during the period May the petition presents substantial an updated list of plant and animal 3, 2011, through September 30, 2012. scientific or commercial information species foreign to the United States that With this ANOR, we request indicating that the petitioned action we regard as candidates for addition to additional information for the 20 taxa may be warranted (90-day finding). If VerDate Mar<15>2010 18:12 Apr 24, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25APP5.SGM 25APP5 tkelley on DSK3SPTVN1PROD with PROPOSALS5 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Proposed Rules 24605 we make a positive 90-day finding, we species, and offer technical and distinct population segments of are required to promptly commence a financial assistance to facilitate such vertebrate species (DPS). In summary, review of the status of the species. Using efforts. For additional information the LPN ranking system provides a basis the information from the status review, regarding such assistance, see FOR for making decisions about the relative in accordance with section 4(b)(3)(B) of FURTHER INFORMATION CONTACT. priority for preparing a proposed rule to the Act, we must make one of three On September 21, 1983, we published list a given species. Each species findings within 12 months of the receipt guidance for assigning a listing priority included in this notice is one for which of the petition (12-month finding). The number (LPN) for each candidate we have sufficient information to first possible 12-month finding is that species (48 FR 43098). Using this prepare a proposed rule to list, because listing is not warranted, in which case guidance, we assign each candidate an it is in danger of extinction or likely to we need not take any further action on LPN of 1 to 12, depending on the become endangered within the the petition. The second possibility is magnitude of threats, immediacy of foreseeable future throughout all or a that we may find that listing is threats, and taxonomic status; the lower significant portion of its range. warranted, in which case we must the LPN, the higher the listing priority For more information on the process promptly publish a proposed rule to list (that is, a species with an LPN of 1 and standards used in assigning LPNs, the species. Once we publish a would have the highest listing priority). a copy of the guidance is available on proposed rule for a species, sections Guidelines for such a priority-ranking our Web site at: http://www.fws.gov/ 4(b)(5) and 4(b)(6) of the Act govern guidance system are required under endangered/esa-library/pdf/48fr43098– further procedures, regardless of section 4(h)(3) of the Act (15 U.S.C.