1 Proposed Rules Federal Register This section of the FEDERAL REGISTER these species if, and when, we initiate scientific community, industry, and any contains notices to the public of the proposed a listing action. other interested parties concerning the issuance of rules and regulations. The DATES: To allow us adequate time to status of the nine species of mussels. We purpose of these notices is to give interested conduct this review, we request that we seek information for each of the nine persons an opportunity to participate in the species regarding: rule making prior to the adoption of the final receive information on or before [insert rules. date 60 days after date of publication in (1) The species' biology, range, and the Federal Register]. After this date, population trends, including: you must submit information directly to (a) Habitat requirements for feeding, DEPARTMENT OF THE INTERIOR the Field Office (see FOR FURTHER breeding, and sheltering; INFORMATION CONTACT section below). (b) Genetics and taxonomy; Fish and Wildlife Service Please note that we may not be able to (c) Historical and current range, address or incorporate information that including distribution patterns; 50 CFR Part 17 we receive after the above requested (d) Historical and current population date. levels, and current and projected trends; [FWS-R2-ES-2009-0076] and ADDRESSES: You may submit [92210-1111-0000 B2] (e) Past and ongoing conservation information by one of the following measures for the species or its habitat. Endangered and Threatened Wildlife methods: (2) The factors that are the basis for and Plants; 90-Day Finding on • Federal rulemaking Portal: http:// making a listing determination for a Petitions to List Nine Species of www.regulations.gov. Follow the species under section 4(a) of the Act, Mussels from Texas as Threatened or instructions for submitting comments. Endangered with Critical Habitat • U.S. mail or hand-delivery: Public which are: Comments Processing, Attn: FWS-R2- (a) The present or threatened AGENCY: Fish and Wildlife Service, ES-2009-0076; Division of Policy and destruction, modification, or Interior. Directives Management; U.S. Fish and curtailment of the species' habitat or ACTION: Notice of petition finding and Wildlife Service; 4401 Fairfax Drive, range; initiation of status review. Suite 222; Arlington, VA 22203. (b) Overutilization for commercial, We will post all information received recreational, scientific, or educational SUMMARY: We, the U.S. Fish and on http://www.regulations.gov. This purposes; Wildlife Service, announce a 90±day generally means that we will post any (c) Disease or predation; finding on two petitions to list nine personal information you provide us (d) The inadequacy of existing species of freshwater mussels, the Texas (see the Information Solicited section regulatory mechanisms; or fatmucket (Lampsilis bracteata), Texas below for more details). (e) Other natural or manmade factors heelsplitter (Potamilus amphichaenus), affecting their continued existence. FOR FURTHER INFORMATION CONTACT: Salina mucket (Potamilus metnecktayi), (3) Information about any ongoing Stephen D. Parris, Field Supervisor, golden orb (Quadrula aurea), smooth conservation measures for, or threats to, Clear Lake Ecological Services Field pimpleback (Quadrula houstonensis), the species and their habitats. Office, 17629 El Camino Real, Ste. 211, Texas pimpleback (Quadrula petrina), Please include sufficient information Houston, TX 77058; telephone 281-286- false spike (Quincuncina mitchelli), with your submission (such as full 8282, extension 230. If you use a Mexican fawnsfoot (Truncilla cognata), references) to allow us to verify any telecommunications device for the deaf and Texas fawnsfoot (Truncilla scientific or commercial information (TDD), call the Federal Information macrodon), as threatened or endangered you include. under the Endangered Species Act of Relay Service (FIRS) at 800-877-8339. If, after the status review, we 1973, as amended (Act) and designate SUPPLEMENTARY INFORMATION: determine that listing any of the nine critical habitat. Based on our review, we species of mussels under the Act is find that the petitions present Information Solicited warranted, we will propose critical substantial scientific or commercial When we make a finding that a habitat (see definition in section 3(5)(A) information indicating that listing these petition presents substantial of the Act), in accordance with section species may be warranted. Therefore, information indicating that listing a 4 of the Act, to the maximum extent with the publication of this notice, we species may be warranted, we are prudent and determinable at the time are initiating a status review of the nine required to promptly review the status we would propose to list the species. species of mussels to determine if listing of the species (status review). For the Therefore, within the geographical range them is warranted. To ensure that the status review to be complete and based currently occupied by the nine species status review is comprehensive, we are on the best available scientific and of mussels, we also request data and soliciting scientific and commercial data commercial information, we request information on: and other information regarding these information on the nine species of (1) What may constitute physical or species. At the conclusion of this mussels (Texas fatmucket, Texas biological features essential to the review, we will issue a 12±month heelsplitter, Salina mucket, golden orb, conservation of the species, finding on the petitions, which will smooth pimpleback, Texas pimpleback, (2) Where these features are currently address whether the petitioned actions false spike, Mexican fawnsfoot, and found, and are warranted, as provided in section Texas fawnsfoot). We request (3) Whether any of these features may 4(b)(3)(B) of the Act. We will make a information from governmental require special management determination on critical habitat for agencies, Native American Tribes, the considerations or protection. VerDate Mar<04>2003 10:05 Dec 03, 2009 Jkt 000000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 C:\DOCUME~1\MCASH\MYDOCU~1\000XML~1\PUBLIS~1\PR_9MU~1\FINAL\9MUSSE~1.TXT FWS 2 In addition, we request data and the petition and publish our notice of both the 2007 and 2008 petitions and in information on specific areas outside this finding promptly in the Federal our files did not indicate that emergency the geographical area occupied by the Register. listing of any of the petitioned species species that are essential to the Our standard for substantial scientific was warranted. That letter concluded conservation of the species. Please or commercial information within the our evaluation of the emergency aspect provide specific comments and Code of Federal Regulations (CFR) with of the 2008 petition. information as to what, if any, critical regard to a 90±day petition finding is On October 15, 2008, we received a habitat you think we should propose for ``that amount of information that would petition dated October 9, 2008, from designation if any of the nine species of lead a reasonable person to believe that WildEarth Guardians requesting that the mussels are proposed for listing, and the measure proposed in the petition Service list six species of freshwater why such habitat meets the may be warranted'' (50 CFR 424.14(b)). mussels, the smooth pimpleback, Texas requirements of section 4 of the Act. If we find that substantial scientific or pimpleback, false spike, Mexican Submissions merely stating support or commercial information was presented, fawnsfoot, Texas fawnsfoot, and opposition to the action under we are required to commence a review southern hickorynut, as either consideration without providing of the status of the species, which is endangered or threatened throughout supporting information, although noted, subsequently summarized in our 12± their historic ranges within the United will not be considered in making a month finding. States and internationally. The determination. Section 4(b)(1)(A) of the petitioner also requested the designation Petition History Act directs that determinations as to of critical habitat for each of the whether any species is an endangered or On June 25, 2007, we received a petitioned mussel species. The petition threatened species must be made solely petition dated June 18, 2007, from clearly identified itself as such and on the basis of the best scientific and Forest Guardians (now WildEarth included the identification information commercial data available. Guardians) requesting that the Service: required at 50 CFR 424.14(a). In You may submit your information (1) Evaluate all full species in our addition to other information cited in concerning this status review by one of Southwest Region ranked as G1 or G1G2 the petition, the petition incorporates all the methods listed in the ADDRESSES by the organization NatureServe, except analyses, references, and documentation section. We will not consider those that are currently listed, proposed provided by NatureServe in its online submissions sent by e-mail or fax or to for listing, or candidates for listing; and database at http://www.natureserve.org/ an address not listed in the ADDRESSES (2) list each G1 or G1G2 species as (hereafter cited as NatureServe 2009) section. either endangered or threatened with into the petition. To clarify, for the first If you submit information via http:// critical habitat. The petitioned group of four species