Vol. 76 Thursday, No. 194 October 6, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 404 Species in the Southeastern United States as Threatened or Endangered With Critical Habitat; Proposed Rule VerDate Mar<15>2010 16:34 Oct 05, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06OCP4.SGM 06OCP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 62260 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR comments, or questions concerning this Petition. On May 10, 2010, we provided finding to the above street address. additional formal written Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: acknowledgement of receipt. Janet Mizzi, Chief, Division of Petitioners developed an initial list of 50 CFR Part 17 Endangered Species, Ecological species by searching NatureServe for Services, Southeast Regional Office, species that ‘‘occur in the twelve states [Docket No. FWS–R4–ES–2011–0091; MO typically considered the southeast, 92210–0–0008] U.S. Fish and Wildlife Service (see ADDRESSES) by telephone at 404–679– occur in aquatic, riparian, or wetland Endangered and Threatened Wildlife 7169; or by facsimile at 404–679–7081. habitats and appeared to be imperiled.’’ and Plants; Partial 90-Day Finding on If you use a telecommunications device Species were considered imperiled if a Petition To List 404 Species in the for the deaf (TDD), please call the they were classified as G1 or G2 by Southeastern United States as Federal Information Relay Service NatureServe, near threatened or worse Threatened or Endangered With (FIRS) at 800–877–8339. by the International Union for Critical Habitat Conservation of Nature (IUCN), or a SUPPLEMENTARY INFORMATION: species of concern, threatened or AGENCY: Fish and Wildlife Service, Background endangered by the American Fisheries Interior. Society. Section 4(b)(3)(A) of the Act requires NatureServe conservation status ranks ACTION: Notice of 90-day petition that we make a finding on whether a finding. range from critically imperiled (G1) to petition to list, delist, or reclassify a imperiled (G2) to vulnerable (G3) to species presents substantial scientific or SUMMARY: We, the U.S. Fish and apparently secure (G4) to demonstrably commercial information indicating that Wildlife Service (Service), announce a secure (G5). Status is assessed and a petitioned action may be warranted. partial 90-day finding on a petition to documented at three distinct geographic We are to base this finding on list 404 species in the southeastern scales: Global (G), national (N), and information found in the petition, United States as threatened or subnational (S) (i.e., state/province/ supporting information submitted with endangered under the Endangered municipal). Subspecies are similarly the petition, and information otherwise Species Act of 1973, as amended (Act) assessed with a subspecific (T) available in our files. The Act requires and to designate critical habitat. Based numerical assignment. Assessment by that, to the maximum extent practicable, on our review, we find that for 11 of the NatureServe of any species as being we are to make this finding within 90 404 species: Sarah’s hydroptila critically imperiled (G1), imperiled (G2), days of our receipt of the petition, and caddisfly (Hydroptila sarahae), Rogue or vulnerable (G3) does not constitute a publish our notice of this finding Creek hydroptila caddisfly (Hydroptila recommendation by NatureServe for promptly in the Federal Register. okaloosa), Florida brown checkered listing under the Act. NatureServe status Our standard for substantial scientific summer sedge (Polycentropus assessment procedures have different or commercial information within the floridensis), Florida fairy shrimp criteria, evidence requirements, Code of Federal Regulations (CFR) with (Dexteria floridana), South Florida purposes, and taxonomic coverage than regard to a 90-day petition finding is rainbow snake (Farancia erytrogramma government lists of endangered and ‘‘that amount of information that would seminola), Ouachita creekshell (Villosa threatened species, and, therefore, these lead a reasonable person to believe that arkansasensis), crystal darter two types of lists should not be the measure proposed in the petition (Crystallaria asprella), spotted darter expected to coincide. For example, an may be warranted’’ (50 CFR 424.14(b)). (Etheostoma maculatum), Florida bog important factor in many legal listing If we find that substantial scientific or frog (Rana okaloosae), Greensboro processes is the extent to which a commercial information was presented, burrowing crayfish (Cambarus species is already receiving protection the Act requires that we promptly catagius), and Blood River crayfish of some type—a consideration not review the status of the species (status (Orconectes burri), the petition does not included in the NatureServe review), which is subsequently present substantial scientific or conservation status ranks. Similarly, the summarized in our 12-month finding. commercial information indicating that IUCN and American Fisheries Society listing may be warranted at this time. Petition History do not apply the same criteria to their Therefore, we are not initiating a status ranking determinations as those On April 20, 2010, we received, via encompassed in the Act and its review for these 11 species. However, electronic mail, a petition from the we ask the public to submit to us any implementing regulations. Center for Biological Diversity (CBD), On May 7, 2010, the Service received new information that becomes available Alabama Rivers Alliance, Clinch correspondence from the Southeastern concerning the status of, or threats to, Coalition, Dogwood Alliance, Gulf Fishes Council, dated May 2, 2010, with these 11 species or their habitat at any Restoration Network, Tennessee Forests an explanation of their involvement in time. Council, West Virginia Highlands formulation of the petition. The Council DATES: The finding announced in this Conservancy, Tierra Curry, and Noah was contacted by CBD, which solicited document was made on October 6, 2011. Greenwald to list 404 aquatic, riparian, its involvement in the preparation of the ADDRESSES: This finding is available on and wetland species from the subject petition. Southeastern Fishes the Internet at http:// southeastern United States as threatened Council members provided expertise in www.regulations.gov at Docket Number or endangered species and to designate review of the CBD list of fishes in the [FWS–R4–ES–2011–0091]. Supporting critical habitat concurrent with listing draft petition. documentation we used in preparing under the Endangered Species Act. The On May 27, 2010, the Freshwater this finding is available for public petition clearly identified itself as such, Mollusk Conservation Society submitted inspection, by appointment, during and included the requisite identification a letter to the Regional Director, Fish normal business hours at the U.S. Fish information as required by 50 CFR and Wildlife Service, Southeast Region, and Wildlife Service, 1875 Century 424.14(a). On April 21, 2010, via in support of the CBD petitions’ Blvd., Atlanta, GA 30345. Please submit electronic mail to Noah Greenwald at inclusion of a large number of any new information, materials, CBD, we acknowledged receipt of the freshwater mollusks, including the VerDate Mar<15>2010 16:34 Oct 05, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06OCP4.SGM 06OCP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules 62261 Ouachita creekshell. On September 1, need to emergency list the species under noting that 19 species had already been 2010, and again on October 1, 2010, the emergency provisions of the Act at addressed through previous Federal CBD forwarded to the Regional Director, section 4(b)(7) and as outlined at 50 CFR actions by either the Service or the Service, Southeast Region, a letter of 424.20. We have carefully considered National Marine Fisheries Service. This support for the subject petition from 35 the information provided in the petition partial 90-day finding covers the conservation organizations. and in our files and have determined remaining 11 species. The petition included 404 species for that emergency listing is not indicated which the petitioners requested listing for any of the 404 species in the Previous Federal Actions as endangered or threatened under the petition. Act, and designation of critical habitat We published a partial 90-day finding A complete summary of the previous concurrent with the listing. It is our in the Federal Register on September Federal actions regarding these 11 practice to evaluate all species 27, 2011 (76 FR 59836), making species can be found in table 1. petitioned for listing for the potential substantial findings for 374 species and TABLE 1—PREVIOUS FEDERAL REGISTER (FR) NOTICES ADDRESSING THE PETITIONED SPECIES Publication FR Citation date Action Species 59 FR 58982..... 11/15/1994 Endangered and Threatened Wildlife and Plants Spotted frog; Rogue Creek hydroptila caddisfly; Flor- (ETWP); Animal Candidate Review for Listing as ida bog frog; Greensboro burrowing crayfish. Endangered or Threatened Species; Notice of Re- view. 56 FR 58804 ..... 11/21/1991 ETWP; Animal Candidate Review for Listing as En- Florida bog frog;