Vol. 77 Monday, No. 63 April 2, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the San Francisco Bay-Delta Population of the Longfin Smelt as Endangered or Threatened; Proposed Rule VerDate Mar<15>2010 19:41 Mar 30, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02APP2.SGM 02APP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 19756 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Furthermore, we found the Sacramento- Mike Chotkowski, Field Supervisor, San San Joaquin River estuary population of Fish and Wildlife Service Francisco Bay-Delta Fish and Wildlife longfin smelt was not a distinct Office (see ADDRESSES); by telephone at population segment (DPS) because we 50 CFR Part 17 916–930–5603; or by facsimile at 916– determined that the population was not 930–5654 mailto:. If you use a biologically significant to the species as [Docket No. FWS–R8–ES–2008–0045: telecommunications device for the deaf a whole, and did not appear to be 4500030113] (TDD), please call the Federal sufficiently reproductively isolated. Endangered and Threatened Wildlife Information Relay Service (FIRS) at On August 8, 2007, we received a and Plants; 12-Month Finding on a 800–877–8339. petition from the Bay Institute, the Petition to List the San Francisco Bay- SUPPLEMENTARY INFORMATION: Center for Biological Diversity, and the Delta Population of the Longfin Smelt Background Natural Resources Defense Council to as Endangered or Threatened list the San Francisco Bay-Delta Section 4(b)(3)(B) of the Endangered (hereafter referred to as the Bay-Delta) AGENCY: Fish and Wildlife Service, Species Act of 1973, as amended (Act) population of the longfin smelt as a DPS Interior. (16 U.S.C. 1531 et seq.), requires that, and designate critical habitat for the ACTION: Notice of 12-month petition for any petition to revise the Federal DPS concurrent with the listing. On finding. Lists of Endangered and Threatened May 6, 2008, we published a 90-day Wildlife and Plants that contains finding (73 FR 24911) in which we SUMMARY: We, the U.S. Fish and substantial scientific or commercial concluded that the petition provided Wildlife Service (Service), announce a information that listing the species may substantial information indicating that 12-month finding on a petition to list be warranted, we make a finding within listing the Bay-Delta population of the the San Francisco Bay-Delta distinct 12 months of the date of receipt of the longfin smelt as a DPS may be population segment (Bay Delta DPS) of petition. In this finding, we will warranted, and we initiated a status longfin smelt as endangered or determine that the petitioned action is: review. On April 9, 2009, we published threatened and to designate critical (1) Not warranted, (2) warranted, or (3) a notice of a 12-month finding (74 FR habitat under the Endangered Species warranted, but the immediate proposal 16169) on the August 8, 2007, petition. Act of 1973, as amended (Act). After of a regulation implementing the We determined that the Bay-Delta review of the best available scientific petitioned action is precluded by other population of the longfin smelt did not and commercial information, we find pending proposals to determine whether meet the discreteness element of our that listing the longfin smelt rangewide species are endangered or threatened, DPS policy and, therefore, was not a is not warranted at this time, but that and expeditious progress is being made valid DPS. We therefore determined that to add or remove qualified species from listing the Bay-Delta DPS of longfin the Bay-Delta population of the longfin the Federal Lists of Endangered and smelt is warranted. Currently, however, smelt was not a listable entity under the Threatened Wildlife and Plants. Section listing the Bay-Delta DPS of longfin Act. smelt is precluded by higher priority 4(b)(3)(C) of the Act requires that we treat a petition for which the requested On November 13, 2009, the Center for actions to amend the Lists of Biological Diversity filed a complaint in Endangered and Threatened Wildlife action is found to be warranted but precluded as though resubmitted on the U.S. District Court for the Northern and Plants. Upon publication of this 12- District of California, challenging the month finding, we will add the Bay- date of such finding, that is, requiring a subsequent finding to be made within Service on the merits of the 2009 Delta DPS of longfin smelt to our determination. On February 2, 2011, the candidate species list. We will develop 12 months. We must publish these 12- month findings in the Federal Register. Service entered into a settlement a proposed rule to list the Bay-Delta agreement with the Center for Biological DPS of longfin smelt as our priorities Previous Federal Actions Diversity and agreed to conduct a allow. We will make any determinations On November 5, 1992, we received a rangewide status review and prepare a on critical habitat during the petition from Mr. Gregory A. Thomas of 12-month finding to be published by development of the proposed listing the Natural Heritage Institute and eight September 30, 2011. In the event that rule. During any interim period, we will co-petitioners to add the longfin smelt the Service determined in the course of address the status of the candidate taxon (Spirinchus thaleichthys) to the List of the status review that the longfin smelt through our annual Candidate Notice of Endangered and Threatened Wildlife does not warrant listing as endangered Review (CNOR). and designate critical habitat in the or threatened over its entire range, the DATES: The finding announced in this Sacramento and San Joaquin Rivers and Service agreed to consider whether any document was made on April 2, 2012. estuary. On July 6, 1993, we published population of longfin smelt qualifies as ADDRESSES: This finding is available on a 90-day finding (58 FR 36184) in the a DPS. In considering whether any the Internet at http:// Federal Register that the petition population of longfin smelt qualifies as www.regulations.gov at Docket Number contained substantial information a DPS, the Service agreed to reconsider [FWS–R8–ES–2008–0045]. Supporting indicating the requested action may be whether the Bay-Delta population of the documentation we used in preparing warranted, and that we would proceed longfin smelt constitutes a DPS. At the this finding is available for public with a status review of the longfin request of the Service, Department of inspection, by appointment, during smelt. On January 6, 1994, we published Justice requested an extension from the normal business hours at the U.S. Fish a notice of a 12-month finding (59 FR Court to allow for a more and Wildlife Service, San Francisco 869) on the petition to list the longfin comprehensive review of new Bay-Delta Fish and Wildlife Office, 650 smelt. We determined that the information pertaining to the longfin Capitol Mall, Sacramento, CA 95814. petitioned action was not warranted, smelt and to seek the assistance of two Please submit any new information, based on the lack of population trend expert panels to assist us with that materials, comments, or questions data for estuaries in Oregon and review. The plaintiffs filed a motion of concerning this finding to the above Washington, although the southernmost non-opposition, and on October 3, 2011, street address. populations were found to be declining. the court granted an extension to March VerDate Mar<15>2010 19:41 Mar 30, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02APP2.SGM 02APP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 19757 23, 2012 for the publication of a new 12- Biology (ppt) is determined as the weight of salts month finding. Nearly all information available on in a solution. For use in this document, the two measurements are essentially Species Information longfin smelt biology comes from either the Bay-Delta population or the Lake equivalent. X2 is defined as the distance Species Description and Taxonomy Washington population. Longfin smelt in kilometers up the axis of the estuary generally spawn in freshwater and then (to the east) from the Golden Gate Longfin smelt measure 9–11 move downstream to brackish water to Bridge to the location where the daily centimeters (cm) (3.5–4.3 inches (in)) rear. The life cycle of most longfin smelt average near-bottom salinity is 2 psu standard length, although third-year generally requires estuarine conditions (Jassby et al. 1995, p. 274; Dege and Brown 2004, p. 51). females may grow up to 15 cm (5.9 in). (CDFG 2009, p. 1). The sides and lining of the gut cavity Longfin smelt in the Bay-Delta may appear translucent silver, the back has Bay-Delta Population spawn as early as November and as late an olive to iridescent pinkish hue, and Longfin smelt are considered pelagic as June, although spawning typically mature males are usually darker in color and anadromous (Moyle 2002, p. 236), occurs from January to April (CDFG than females. Longfin smelt can be although anadromy in longfin smelt is 2009, p. 10; Moyle 2002, p. 36). Longfin smelt have been observed in their distinguished from other smelts by their poorly understood, and certain winter and spring spawning period as long pectoral fins, weak or absent populations are not anadromous and far upstream as Isleton in the striations on their opercular (covering complete their entire life cycle in Sacramento River, Santa Clara shoal in the gills) bones, incomplete lateral line, freshwater lakes and streams (see Lake the San Joaquin system, Hog Slough off Washington Population section below).