13720 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules environmental laws when project by the petition and in Service files does will assist with the conservation of the impacts are reviewed. Although, current not indicate or document a threat to species. If you wish to provide State and Federal regulations regarding southern hickorynut mussels due to information regarding the species, you pollutants are generally assumed to be drought or floods. may submit your information or protective of freshwater mollusks, we do materials to the Field Supervisor, Finding have information to indicate that some Mississippi Ecological Services Field pollutant standards may not be We have reviewed the petition and Office (see ADDRESSES section) at any protective for freshwater mussels (e.g., supporting information provided with time. Augspurger et al. 2007, p. 2026). the petition and evaluated that However, there is no information in our information in relation to other References Cited files to suggest specific pollution threats pertinent literature and information, A complete list of references cited is to the southern hickorynut in any and we have evaluated the information available on the Internet at http:// specific area, and the petition provided to determine whether the sources cited www.regulations.gov and upon request no information to support the assertion support the claims made in the petition. from the Mississippi Ecological Services therein that existing regulatory We recognize that many freshwater Field Office (see FOR FURTHER mechanisms are inadequate to protect mussel species are experiencing INFORMATION CONTACT). the species. Furthermore, as noted declines in both range and population Author under Factor B, above, the southern abundances due to the generalized hickorynut is not considered a threats identified by the petition. The primary author of this notice is commercial species, has little value in However, review of the information Paul Hartfield (see ADDRESSES). provided in the petition and in our files commerce, and all States within the Authority range of the southern hickorynut either indicates that this species is not regulate or restrict mussel harvest. declining range-wide. The authority for this action is the In summary, we find that the In considering what factors might Endangered Species Act of 1973, as information provided in the petition, as constitute threats, we must look beyond amended (16 U.S.C. 1531 et seq.). well as other information in our files, the mere exposure of the species to the Dated: March 9, 2010. does not present substantial scientific or factor to determine whether the species Daniel M. Ashe, responds to the factor in a way that commercial information indicating that Acting Director, U.S. Fish and Wildlife the petitioned action may be warranted causes actual impacts to the species. If Service. there is exposure to a factor, but no due to the inadequacy of existing [FR Doc. 2010–6111 Filed 3–22–10; 8:45 am] regulations. response, or only a positive response, that factor is not a threat. If there is BILLING CODE 4310–55–S E. Other Natural or Manmade Factors exposure and the species responds Affecting the Species’ Continued negatively, the factor may be a threat DEPARTMENT OF THE INTERIOR Existence and we then attempt to determine how The petition asserts that significant a threat it is. If the threat is Fish and Wildlife Service fragmentation of freshwater mussel significant, it may drive or contribute to stream habitat makes mussel species the risk of extinction of the species such 50 CFR Part 17 more vulnerable to droughts and floods that the species may warrant listing as attributed to climate change (e.g., threatened or endangered as those terms [Docket No. FWS-R4-ES-2010-0007] WildEarth Guardians 2008, p. 27, citing are defined by the Act. This does not [MO 92210-0-0008-B2] necessarily require empirical proof of a Hamlet and Lettenmaier 2007, p. 43). Endangered and Threatened Wildlife threat. The combination of exposure and and Plants; 90-Day Finding on a Evaluation of Information in the Petition some corroborating evidence of how the Petition to List the Striped Newt as and Our Files species is likely impacted could suffice. Threatened The petition provided no information The mere identification of factors that on habitat fragmentation or changes in could impact a species negatively may AGENCY: Fish and Wildlife Service, the frequency of droughts and floods not be sufficient to compel a finding Interior. within the range of the southern that listing may be warranted. The ACTION: Notice of petition finding and hickorynut, or on specific detrimental information shall contain evidence initiation of status review. effects of habitat fragmentation, sufficient to suggest that these factors droughts, or floods to the hickorynut. may be operative threats that act on the SUMMARY: We, the U.S. Fish and Information in our files documents species to the point that the species may Wildlife Service (Service), announce a mollusk declines within small perennial meet the definition of threatened or 90–day finding on a petition to list the streams that have lost flow as a direct endangered under the Act. We found no striped newt (Notophthalmus result of drought (for example, Golladay information to suggest that threats are perstriatus) as threatened under the et al. 2004, p. 494; Haag and Warren acting on the southern hickorynut such Endangered Species Act of 1973, as 2008, p. 1165). However, most recent that the species may become extinct amended (Act). We find that the petition site records of the southern hickorynut now or in the foreseeable future. presents substantial scientific or are from medium to large perennial Based on this review and evaluation, commercial information indicating that stream channels (e.g., the Big Black, we find that the petition does not listing the striped newt may be Buttahatchee, Amite, Pearl, Tickfaw, present substantial scientific or warranted. Therefore, with the Neches, Arkansas, White, Ouachita, and commercial information to indicate that publication of this notice, we are Hatchie Rivers) that are less susceptible listing the southern hickorynut under initiating a review of the status of the to total loss of flow by drought. In the Act as threatened or endangered species to determine if listing the addition, the wide distribution of the may be warranted at this time. Although species is warranted. To ensure that this species reduces its vulnerability to we will not commence a status review status review is comprehensive, we are extinction due to local stochastic at this time, we encourage interested requesting scientific and commercial threats. Therefore, information provided parties to continue to gather data that data and other information regarding VerDate Nov<24>2008 14:16 Mar 22, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\23MRP1.SGM 23MRP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13721 this species. Based on the status review, a) Habitat requirements for feeding, determination. Section 4(b)(1)(A) of the we will issue a 12–month finding on the breeding, and sheltering; Act directs that determinations as to petition, which will address whether b) Genetics and taxonomy; whether any species is an endangered or the petitioned action is warranted, as c) Historical and current range, threatened species must be made ‘‘solely provided in section 4(b)(3)(B) of the Act. including distribution patterns; on the basis of the best scientific and We will make a determination on d) Historical and current population commercial data available.’’ critical habitat for this species if, and levels, and current and projected trends; and You may submit your information when, we initiate a listing action. concerning this status review by one of DATES: To allow us adequate time to e) Past and ongoing conservation measures for the species, its habitat, the methods listed in the ADDRESSES conduct this review, we request that we section. If you submit information via receive information on or before May or both. 2) The factors that are the basis for http://www.regulations.gov, your entire 24, 2010. After this date, you must submission—including any personal submit information directly to the Field making a listing determination for a species under section 4(a) of the identifying information—will be posted Office (see FOR FURTHER INFORMATION Endangered Species Act of 1973, as on the website. If you submit a CONTACT section below). Please note that hardcopy that includes personal we may not be able to address or amended (Act) (16 U.S.C. 1531 et identifying information, you may incorporate information that we receive seq.), which are: a) The present or threatened request at the top of your document that after the above requested date. destruction, modification, or we withhold this personal identifying ADDRESSES: You may submit curtailment of its habitat or range; information from public review. information by one of the following b) Overutilization for commercial, However, we cannot guarantee that we methods: recreational, scientific, or will be able to do so. We will post all • Federal eRulemaking Portal: http:// educational purposes; c) Disease or hardcopy submissions on http:// www.regulations.gov. Search for Docket predation; www.regulations.gov. No. FWS-R4-ES-2010-0007 and then d) The inadequacy of existing Information and supporting follow the instructions for submitting regulatory mechanisms; or comments. e) Other natural or manmade factors documentation that we received and • U.S. mail or hand-delivery: Public affecting its continued existence. used in preparing this finding will be Comments Processing, Attn: FWS-R4- 3) The potential effects of climate available for you to review at http:// ES-2010-0007; Division of Policy and change on this species and its habitat.