Wednesday, December 16, 2009 Part III 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 475 Species in the Southwestern United States as Threatened or Endangered With Critical Habitat; Proposed Rule VerDate Nov<24>2008 16:19 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 66866 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR ES-2008-0131; Division of Policy and scientific or commercial information Directives Management; U.S. Fish and you include. Fish and Wildlife Service Wildlife Service; 4401 N. Fairfax Drive, If, after the status review, we Suite 222; Arlington, VA 22203. determine that listing any of the 67 50 CFR Part 17 We will post all information received species is warranted, we will propose [Docket No. FWS–R2–ES–2008–0130] on http://www.regulations.gov. This critical habitat (see definition in section [92210–1111–0000–B2] generally means that we will post any 3(5)(A) of the Act) to the maximum personal information you provide us extent prudent and determinable at the Endangered and Threatened Wildlife (see the Request for Information section time we propose to list the species. and Plants; Partial 90-Day Finding on below for more information). Therefore, within the geographical range a Petition to List 475 Species in the FOR FURTHER INFORMATION CONTACT: currently occupied by each of these 67 Southwestern United States as Nancy Gloman, Assistant Regional species, we request data and Threatened or Endangered with Critical Director, Southwest Regional Ecological information on: (1) what may constitute ‘‘physical or Habitat Services Office, 500 Gold Avenue SW, biological features essential to the Albuquerque, NM 87102; telephone AGENCY: Fish and Wildlife Service, conservation of the species’’; Interior. 505/248-6920; facsimile 505/248-6788. (2) where these features are currently If you use a telecommunications device ACTION: Notice of 90–day petition found; and finding. for the deaf (TDD), please call the (3) whether any of these features may Federal Information Relay Service require special management SUMMARY: We, the U.S. Fish and (FIRS) at 800-877-8339. considerations or protection. Wildlife Service (Service), announce a SUPPLEMENTARY INFORMATION: In addition, we request data and 90–day finding on 192 species from a Request for Information information on ‘‘specific areas outside petition to list 475 species in the the geographical area occupied by the southwestern United States as When we make a finding that a species’’ that are ‘‘essential to the threatened or endangered under the petition presents substantial conservation of the species.’’ Please Endangered Species Act of 1973, as information indicating that listing a provide specific comments and amended (Act). For 125 of the 192 species may be warranted, we are information as to what, if any, critical species, we find that the petition did not required to promptly review the status habitat you think we should propose for present substantial information of the species (status review). For the designation if the species is proposed indicating that listing may be warranted. status review to be complete and based for listing, and why such habitat meets Based on our review, we find that the on the best available scientific and the requirements of section 3(5)(A) and petition presents substantial scientific commercial information, we request section 4(b) of the Act. or commercial information indicating information on each of the 67 species Submissions merely stating support that listing may be warranted for 67 of from governmental agencies, Native for or opposition to the action under the 192 species. Therefore, with the American Tribes, the scientific consideration without providing publication of this notice, we are community, industry, and any other supporting information, although noted, initiating a status review of the 67 interested parties. For each of the 67 will not be considered in making a species to determine if listing is species, we seek information on: determination. Section 4(b)(1)(A) of the warranted. To ensure that the status (1) The species’ biology, range, and Act of 1973, as amended (Act) (16 review is comprehensive, we are population trends, including: U.S.C. 1533 (b)(1)(A)) directs that requesting scientific and commercial (a) Habitat requirements for feeding, determinations as to whether any data and other information regarding breeding, and sheltering; species is an endangered or threatened these 67 species. Based on the status (b) Genetics and taxonomy; species must be made ‘‘solely on the review, we will issue a 12–month (c) Historical and current range basis of the best scientific and finding on the petition, which will including distribution patterns; commercial data available.’’ address whether the petitioned action is (d) Historical and current population You may submit your information warranted, as provided in the Act. levels, and current and projected trends; concerning this status review by one of DATES: To allow us adequate time to and the methods listed in the ADDRESSES conduct a status review, we request that (e) Past and ongoing conservation section. If you submit information via we receive information on or before measures for the species or its habitat. http://www.regulations.gov, your entire February 16, 2010. After this date, you (2) The five factors that are the basis submission—including any personal must submit information directly to the for making a listing determination for a identifying information—will be posted Southwest Regional Ecological Services species under section 4(a) of the Act (16 on the website. If you submit a Office (see FOR FURTHER INFORMATION U.S.C. 1531 et seq.), which are: hardcopy that includes personal CONTACT section below). Please note that (a) The present or threatened identifying information, you may we may not be able to address or destruction, modification, or request at the top of your document that incorporate information that we receive curtailment of its habitat or range; we withhold this information from after the above requested date. (b) Overutilization for commercial, public review. However, we cannot ADDRESSES: You may submit recreational, scientific, or educational guarantee that we will be able to do so. information by one of the following purposes; We will post all hardcopy submissions methods: (c) Disease or predation; on http://www.regulations.gov. • Federal rulemaking Portal: http:// (d) The inadequacy of existing Information and supporting www.regulations.gov. Search for Docket regulatory mechanisms; or documentation that we received and no. FWS-R2-ES-2008-0130 and then (e) Other natural or manmade factors used in preparing this finding will be follow the instructions for submitting affecting its continued existence. available for you to review at http:// comments. Please include sufficient information www.regulations.gov, or you may make • U.S. Mail or hand delivery: Public with your submission (such as full an appointment during normal business Comments Processing, Attn: FWS-R6- references) to allow us to verify any hours at the U.S. Fish and Wildlife VerDate Nov<24>2008 14:40 Dec 15, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP2.SGM 16DEP2 hsrobinson on DSK69SOYB1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Proposed Rules 66867 Service, Southwest Regional Ecological threatened or endangered, and that we m. eremus to a full species, C. eremus. Services Office (see FOR FURTHER designate critical habitat concurrently The species is listed as endangered INFORMATION CONTACT). with the listing. The petition clearly throughout its range, so we did not identified itself as a petition and consider it as part of this petition. Background included the information required in 50 Ramsey Canyon leopard frog (Rana Section 4(b)(3)(A) of the Act requires CFR 424.14(a). We acknowledged subaquavocalis) is no longer recognized that we make a finding on whether a receipt of the petition in a letter dated as a distinct species (Crother 2008, p. 7). petition to list, delist, or reclassify a November 26, 2008. Pediomelum Rather, it is considered to be species presents substantial scientific or pentaphyllum was also included in the synonymous with the Chiricahua commercial information indicating that June 18, 2007, petition. This finding leopard frog (Lithobates [=Rana] a petitioned action may be warranted. will evaluate information in both chiricahuensis). The Chiricahua leopard We are to base this finding on petitions concerning P. pentaphyllum. frog is listed as threatened throughout information provided in the petition, On March 19, 2008, WildEarth its range, and any populations formerly supporting information submitted with Guardians filed a complaint indicating known as Ramsey Canyon leopard frog the petition, and information otherwise that the Service failed to comply with are thus now listed as threatened. readily available in our files. To the its mandatory duty to make a On December 13, 2007, we made a maximum extent practicable, we are to preliminary 90–day finding on the June 12–month finding that the Jollyville make this finding within 90 days of our 18, 2007, petition to list 475 southwest Plateau salamander (Eurycea tonkawae) receipt of the petition and publish our species. We subsequently published an warrants listing, but that listing is notice of this finding promptly in the initial 90–day finding for 270 of the 475 precluded by higher listing priorities (72 Federal Register. petitioned species on January 6, 2009, FR 71040), thus rendering the species to Our standard for substantial concluding that the petition did not candidate status. Similarly, on information within the Code of Federal present substantial information that December 6, 2007, we published our Regulations (CFR) with regard to a 90– listing of those species may be annual review of native species that are day petition finding is ‘‘that amount of warranted (74 FR 419).