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90-Day Finding on a Petition to List the Sand Mountain

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90-Day Finding on a Petition to List the Sand Mountain 44988 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules We have reviewed the petition and indicating that listing the Sand If we determine that listing the Sand literature cited in the petition and Mountain blue butterfly may be Mountain blue butterfly is warranted, it evaluated that information in relation to warranted. Therefore, with the is our intent to propose critical habitat information available to us. After this publication of this notice, we are to the maximum extent prudent and review and evaluation, we find the initiating a status review of the species, determinable at the time we would petition does not present substantial and we will issue a 12-month finding to propose to list the species. Therefore, scientific information to indicate listing determine if the petitioned action is we also request data and information on the Thorne’s hairstreak butterfly may be warranted. To ensure that the status what may constitute physical or warranted at this time. Although we review of the Sand Mountain blue biological features essential to the will not be commencing a status review butterfly is comprehensive, we are conservation of the species, where these in response to this petition, we will soliciting scientific and commercial data features are currently found, whether continue to monitor potential threats regarding this species. A determination any of these areas are in need of special and ongoing management actions that on critical habitat will be made if and management, and whether there are might be important with regard to the when a listing action is initiated for this areas not containing these features, conservation of the Thorne’s hairstreak species. which of themselves, might be essential butterfly across its range. We encourage DATES: The finding announced in this to the conservation of the species. interested parties to continue to gather document was made August 8, 2006. To Please provide specific comments as to data that will assist with the be considered in the 12-month finding what, if any, critical habitat should be conservation of the subspecies. for this petition, comments and proposed for designation, if the species information should be submitted to us is proposed for listing, and why that References Cited by October 10, 2006. proposed habitat meets the A complete list of all references cited ADDRESSES: Data, information, requirements of the Act. If you wish to comment or provide herein is available, upon request, from comments, or questions concerning this information, you may submit your our Carlsbad Fish and Wildlife Office petition and our finding should be comments and materials concerning this (see ADDRESSES section above). submitted to the Field Supervisor, finding to the Field Supervisor (see Nevada Fish and Wildlife Office, U.S. Author ADDRESSES). Fish and Wildlife Service, 1340 The primary authors of this notice are Our practice is to make comments and Financial Boulevard, Suite 234, Reno, materials provided, including names staff from the Carlsbad Fish and NV 89502 or via electronic mail at Wildlife Office (see ADDRESSES section and home addresses of respondents, [email protected]. The petition is available for public review during above). available at http://www.fws.gov/nevada/ _ _ regular business hours. We will not Authority nv species/sand blue.html. The consider anonymous comments and we petition, supporting data, and comments The authority for this action is the will make all comments available for will be available for public inspection, Endangered Species Act of 1973, as public inspection in their entirety. by appointment, during normal business amended (16 U.S.C. 1531 et seq.). Comments and materials received will hours at the above address. Dated: August 1, 2006. be available for public inspection, by FOR FURTHER INFORMATION CONTACT: appointment, during normal business H. Dale Hall, Robert D. Williams, Field Supervisor, hours at the address listed in the Director, Fish and Wildlife Service. Nevada Fish and Wildlife Office (see ADDRESSES section. [FR Doc. E6–12743 Filed 8–7–06; 8:45 am] ADDRESSES) (telephone 775/861–6300; BILLING CODE 4310–55–P facsimile 775/861–6301). Background SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (16 DEPARTMENT OF THE INTERIOR Public Information Solicited U.S.C. 1531 et seq.), requires that we When we make a finding that make a finding on whether a petition to Fish and Wildlife Service substantial information is presented to list, delist, or reclassify a species indicate that listing a species may be presents substantial scientific or 50 CFR Part 17 warranted, we are required to promptly commercial information to indicate that commence a review of the status of the Endangered and Threatened Wildlife the petitioned action may be warranted. species. To ensure that the status review and Plants; 90-Day Finding on a We base this finding on information is complete and based on the best Petition to List the Sand Mountain Blue provided in the petition and available scientific and commercial Butterfly as Threatened or Endangered information otherwise available in our information, we are soliciting with Critical Habitat files at the time of petition review. To information on the Sand Mountain blue the maximum extent practicable, we AGENCY: Fish and Wildlife Service, butterfly. We request any additional make this finding within 90 days of our Interior. information, comments, and suggestions receipt of the petition, and publish our ACTION: Notice of 90-day petition from the public, other concerned notice of this finding promptly in the finding and initiation of status review. governmental agencies, Tribes, the Federal Register. scientific community, industry, or any Substantial information, as defined by SUMMARY: We, the U.S. Fish and other interested parties concerning the 50 CFR 424.14(b), is ‘‘that amount of Wildlife Service (Service), announce a status of the Sand Mountain blue information that would lead a 90-day finding on a petition to list the butterfly. We are seeking information reasonable person to believe that the Sand Mountain blue butterfly regarding the species’ historical and measure proposed in the petition may (Euphilotes pallescens arenamontana) current status and distribution, its be warranted’’ (50 CFR 424.14(b)). If we as threatened or endangered under the biology and ecology, ongoing find that substantial information was Endangered Species Act of 1973, as conservation measures for the species presented, we are required to promptly amended (Act). We find that the petition and its habitat, and threats to the commence a review of the status of the presents substantial information species and its habitat. species, if one has not already been VerDate Aug<31>2005 18:27 Aug 07, 2006 Jkt 208001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\08AUP1.SGM 08AUP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 44989 initiated under our internal candidate (mm) (0.39 to 0.46 inches (in)) and important nectar source for adults assessment process. averages 11.1 mm (0.44 in). The dorsum during their flight period. The butterfly In making this finding, we relied on is pale bluish-violet, often whitish has one brood from mid-July to mid- information provided by the petitioners distally, with a narrow (0.5 mm (0.002 September (Austin 1998, p. 557), a and information otherwise available in in)) black outer margin. There is usually period that coincides with the peak our files at the time of petition review a series of dots on the hindwing, but flowering period of the Kearney and evaluated that information in sometimes no more than a terminal line buckwheat (Reveal 2002, p. 2). accordance with 50 CFR 424.14(b). Our on the forewing. There is usually an Previous Federal Action process in making this 90-day finding indistinct pinkish to pale orange aurora under section 4(b)(3)(A) of the Act and of moderate width on the posterior We added the Sand Mountain blue section 424.14(b) of our regulations is hindwing. At the vein tips on the butterfly as Euphilotes rita ssp. to our limited to a determination of whether posterior of both wings, there are fringes list of candidate species as a category 2 the information in the petition meets the of white with indistinct grey checkering. candidate species on November 21, ‘‘substantial information’’ threshold. The bottom surface of the male 1991 (56 FR 58829). A category 2 candidate species was a species for Petition abdomen is chalky white. Macules (patches of different coloration) are which we had information indicating On April 23, 2004, we received a small, often nearly obsolete on the that a proposal to list it as threatened or formal petition, dated April 23, 2004, hindwing. Females have a wingspan endangered under the Act may be from the Center for Biological Diversity, that ranges from 10.0 to 11.9 mm (0.39 appropriate, but for which additional Xerces Society, Public Employees for to 0.46 in) with an average of 10.9 mm information was needed to support the Environmental Responsibility, and the (0.43 in). The female dorsum is brown preparation of a proposed rule. It Nevada Outdoor Recreation Association to tan, and usually pale bluish-gray remained a category 2 candidate as requesting that the Sand Mountain blue basally on both wings. The forewing has Euphilotes rita ssp. in our 1994 butterfly (Euphilotes pallescens a faint brown cell-end bar, while the Candidate Notice of Review (November arenamontana) known only from Sand hindwing has marginal dots. The 15, 1994; 59 FR 59020). In the 1996 Mountain, Nevada, be listed as forewing apex is usually whitish. The Candidate Notice of Review (February threatened or endangered in accordance hindwing aurora is pale orange to pale 28, 1996; 61 FR 7596), we discontinued with section 4 of the Act, and that pink usually grading to nearly white the use of category 2 candidates.
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