Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Proposed Rules 17667 biphenyls (PCBs), Reporting and SUPPLEMENTARY INFORMATION: in the November 26, 1996, Recovery recordkeeping requirements. Plan for the Sacramento–San Joaquin Background Dated: March 31, 2010. Delta Native Fishes (Service 1996, pp. 1- Section 4(b)(3)(A) of the Endangered Lisa P. Jackson, 195). We completed a 5–year status Species Act of 1973, as amended (Act) review of the delta smelt on March 31, Administrator. (16 U.S.C. 1531 et seq.) requires that, for 2004 (Service 2004, pp. 1-50). [FR Doc. 2010–7751 Filed 4–6–10; 8:45 am] any petition to add a species to, remove On March 9, 2006, we received a BILLING CODE 6560–50–S a species from, or reclassify a species on petition to reclassify the listing status of one of the Lists of Endangered and the delta smelt, a threatened species, to Threatened Wildlife and Plants, we first endangered on an emergency basis. We DEPARTMENT OF THE INTERIOR make a determination whether the sent a letter to the petitioners dated June petition presents substantial scientific 20, 2006, stating that we would not be Fish and Wildlife Service or commercial information indicating able to address their petition at that time that the petitioned action may be because further action on the petition 50 CFR Part 17 warranted. To the maximum extent was precluded by court orders and practicable, we make this determination [Docket No. FWS-R8-ES-2008-0067] settlement agreements for other listing within 90 days of receipt of the petition, [MO 92210-0-0008-B2] actions that required us to use nearly all and publish the finding promptly in the of our listing funds for fiscal year 2006. Endangered and Threatened Wildlife Federal Register. We also stated in our June 20, 2006, If we find the petition presents and Plants; 12-Month Finding on a letter that we had evaluated the substantial information, section Petition to Reclassify the Delta Smelt immediacy of possible threats to the 4(b)(3)(A) of the Act requires us to From Threatened to Endangered delta smelt, and had determined that an commence a status review of the Throughout Its Range emergency reclassification was not species, and section 4(b)(3)(B) of the Act warranted at that time. AGENCY: Fish and Wildlife Service, requires us to make a second finding, On July 10, 2008, we published a 90– Interior. this one within 12 months of the date day finding that the petition presented ACTION: Notice of 12–month petition of receipt of the petition, on whether the substantial scientific information to finding. petitioned action is: (a) Not warranted, indicate that reclassifying the delta (b) warranted, or (c) warranted, but the smelt may be warranted (73 FR 39639). SUMMARY: We, the U.S. Fish and immediate proposal of a regulation We announced the initiation of a status Wildlife Service (Service), announce a implementing the petitioned action is review at that time, and requested 12–month finding on a petition to precluded by other pending proposals to comments and information from the reclassify the delta smelt (Hypomesus determine whether any species is public on or before September 8, 2008. transpacificus) under the Endangered threatened or endangered, and We reopened the comment period on Species Act of 1973, as amended. After expeditious progress is being made to December 9, 2008, and that comment review of all available scientific and add or remove qualified species from period closed February 9, 2009 (73 FR commercial information, we find that the Lists of Endangered and Threatened 74674). reclassifying the delta smelt from a Wildlife and Plants. We must publish threatened to an endangered species is these 12–month findings in the Federal Species Information warranted, but precluded by other Register. Description and Taxonomy higher priority listing actions. We will Species for which listing is warranted develop a proposed rule to reclassify but precluded are considered to be Delta smelt are slender-bodied fish, this species as our priorities allow. ‘‘candidates’’ for listing. Section generally about 60 to 70 millimeters (mm) (2 to 3 inches (in)) long, although DATES: 4(b)(3)(C) of the Act requires that a The finding announced in this they may reach lengths of up to 120 mm document was made on April 7, 2010. petition for which the requested action is found to be warranted but precluded (4.7 in) (Moyle 2002, p. 227). Delta ADDRESSES: This finding is available on be treated as though resubmitted on the smelt are in the Osmeridae family the Internet at http:// date of such finding, i.e., requiring a (smelts) (Stanley et al. 1995, p. 390). www.regulations.gov at Docket Number subsequent finding to be made within Live fish are nearly translucent and FWS–R8–ES–2008–0067. Supporting 12 months. Each subsequent 12–month have a steely blue sheen to their sides documentation we used in preparing finding is also to be published in the (Moyle 2002, p. 227). Delta smelt feed this finding is available for public Federal Register. We typically publish primarily on small planktonic (free- inspection, by appointment, during these findings in our Candidate Notice floating) crustaceans, and occasionally normal business hours at the U.S. Fish of Review (CNOR). Our most recent on insect larvae (Moyle 2002, p. 228). and Wildlife Service, Sacramento Fish CNOR was published on November 9, Delta smelt usually aggregate into loose and Wildlife Office, 2800 Cottage Way, 2009 (74 FR 57804). schools, but their discontinuous stroke- W-2605, Sacramento, CA 95825. Please and-glide swimming behavior likely submit any new information, materials, Previous Federal Action makes schooling difficult (Moyle 2002, comments, or questions concerning this We were originally petitioned to list p. 228). finding to the above address. the delta smelt as endangered on June The delta smelt is one of six species FOR FURTHER INFORMATION CONTACT: 26, 1990. We proposed the species as currently recognized in the Hypomesus Mary Grim, San Francisco Bay-Delta threatened and proposed the genus (Bennett 2005, p. 8). Within the Fish and Wildlife Office, 650 Capitol designation of critical habitat on genus, delta smelt is most closely Mall, 5th Floor, Sacramento, CA 95814; October 3, 1991 (56 FR 50075). We related to surf smelt (H. pretiosis), a by telephone at 916-930-5634; or by listed the species as threatened on species common along the western coast facsimile at 916-414-6462. If you use a March 5, 1993 (58 FR 12854), and we of North America. In contrast, delta telecommunications device for the deaf designated critical habitat on December smelt is a comparatively distant relation (TDD), call the Federal Information 19, 1994 (59 FR 65256). The delta smelt to the wakasagi (H. nipponensis), which Relay Service (FIRS) at 800-877-8339. was one of eight fish species addressed was introduced into Central Valley VerDate Nov<24>2008 15:16 Apr 06, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 17668 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Proposed Rules reservoirs in 1959, and may be measured-roughly one and a half freshwater areas where spawning is seasonally sympatric with delta smelt in percent of the 1980 index level (CDFG thought to occur. Most delta smelt die the estuary (Trenham et al. 1998, p. 2008, p. 2). after spawning, but a small contingent 417). Allozyme studies have of adults survives and can spawn in Habitat and Life History demonstrated that wakasagi and delta their second year (Moyle 2002, p. 228). smelt are genetically distinct and Studies indicate that delta smelt Foraging Ecology presumably derived from different require specific environmental marine ancestors (Stanley et al. 1995). conditions (freshwater flow, water Delta smelt feed primarily on small Genetic characterization of delta smelt, quality) and habitat types (shallow open planktonic (free-floating) crustaceans, longfin smelt, and wakasagi is presently waters) within the estuary for migration, and occasionally on insect larvae under investigation, using contemporary spawning, egg incubation, rearing, and (Moyle 2002, p. 228). Historically, the methodologies. larval and juvenile transport from main prey of delta smelt was the spawning to rearing habitats (Moyle copepod Eurytemora affinis and the Distribution and Abundance 2002, pp. 228-229). Delta smelt are a mysid shrimp Neomysis mercedis. The Delta smelt are endemic to (native and euryhaline (tolerate a wide range of slightly larger copepod restricted to) the San Francisco Bay and salinities) species; however, they rarely Pseudodiaptomus forbesi has replaced Sacramento–San Joaquin Delta Estuary occur in water with more than 10-12 E. affinis as a major prey source of delta (Delta) in California, found only from parts per thousand salinity (about one- smelt since its introduction into the San the San Pablo Bay upstream through the third seawater). Delta smelt tolerate Francisco Bay–Delta. Two other Delta in Contra Costa, Sacramento, San temperatures ranging from 7.5 0C to 25.4 copepod species, Limnoithona Joaquin, Solano, and Yolo Counties 0C (45 to 78 0F) in the laboratory tetraspina and Acartiella sinenisi, have (Moyle 2002, p. 227). Their historical (Swanson et al. 2000, p. 386, Table 1), become abundant since their range is thought to have extended from but may be found in warmer waters in introduction to the San Francisco Bay– San Pablo Bay upstream to at least the the Delta. Feyrer at al. (2007, p. 728) Delta in the mid 1990s. Delta smelt eat city of Sacramento on the Sacramento found that relative abundance of delta these introduced copepods, but P. River and the city of Mossdale on the smelt was related to fall salinity and forbesi remains a dominant prey item San Joaquin River.