49842 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules Federally funded or permitted listed a new species or subsequently 1973, as amended. Based on our review, projects affecting listed species outside designated critical habitat that may be we find that the petition, in conjunction their designated critical habitat areas affected and the Federal agency has with information readily available in may still result in jeopardy findings in retained discretionary involvement or our files, presents substantial scientific some cases. Similarly, critical habitat control over the action (or the agency’s or commercial information indicating designations made on the basis of the discretionary involvement or control is that a revision of the critical habitat best available information at the time of authorized by law). Consequently, designation for the Florida manatee may designation will not control the Federal agencies may sometimes need to be warranted. Therefore, with the direction and substance of future request reinitiation of consultation with publication of this notice, we are recovery plans, habitat conservation us on actions for which formal initiating a review of the current critical plans, or other species conservation consultation has been completed, if habitat designation for the subspecies to planning efforts if new information those actions with discretionary determine how we intend to proceed available to these planning efforts calls involvement or control may affect with the revision. To ensure a for a different outcome. Section 7(a)(2) subsequently listed species or comprehensive review, we seek of the Act requires Federal agencies, designated critical habitat. information pertaining to the Florida including the Service, to ensure that manatee’s essential habitat needs from References Cited actions they fund, authorize, or carry any interested party. out are not likely to destroy or adversely A complete list of all references cited DATES: To allow us adequate time to modify critical habitat. If a Federal in this document is available, upon conduct this review, we request that you action may affect a listed species or its request, from the Western Colorado send us information on or before critical habitat, the responsible Federal Ecological Services Office (see FOR October 29, 2009. FURTHER INFORMATION CONTACT). agency (action agency) must enter into ADDRESSES: You may submit consultation with us. As a result of this Author information by one of the following consultation, we document compliance The primary authors of this notice are methods: with the requirements of section 7(a)(2) • Federal eRulemaking Portal: http:// through our issuance of: the staff members of the Western Colorado Ecological Services Office (see www.regulations.gov. Search for docket (1) A concurrence letter for Federal FWS-R4-ES-2009-0066 and then follow FOR FURTHER INFORMATION CONTACT). actions that may affect, but are not the instructions for submitting likely to adversely affect, listed species Authority comments. or critical habitat; or • The authority for this action is the U.S. mail or hand-delivery: Public (2) A biological opinion for Federal Comments Processing, Attn: FWS-R4- actions that may affect, and are likely to Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). ES-2009-0066; Division of Policy and adversely affect, listed species or critical Directives Management; U.S. Fish and habitat. Dated: September 16, 2009. Wildlife Service; 4401 N. Fairfax Drive, When we issue a biological opinion Thomas L. Strickland Suite 222; Arlington, VA 22203. concluding that a project is likely to Assistant Secretary for Fish and Wildlife and We will post all information received jeopardize the continued existence of a Parks on http://www.regulations.gov. This listed species or destroy or adversely [FR Doc. E9–23155 Filed 9–28– 09; 8:45 am] generally means that we will post any modify critical habitat, we also provide BILLING CODE 4310–55–S personal information you provide us reasonable and prudent alternatives to (see the Information Solicited section the project, if any are identifiable. We below for more details). define ‘‘Reasonable and prudent DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: alternatives’’ at 50 CFR 402.02 as Dave Hankla, Field Supervisor, alternative actions identified during Fish and Wildlife Service Jacksonville, Florida Ecological Services consultation that: • Can be implemented in a manner 50 CFR Part 17 Office, 7915 Baymeadows Way, Suite consistent with the intended purpose of 200, Jacksonville, FL 32256, by [Docket No. FWS-R4-ES-2009-0066] the action, telephone (904-731-3336), or by [92210-1117-0000-B4] • Can be implemented consistent with facsimile (904-731-3045). If you use a the scope of the Federal agency’s legal telecommunications device for the deaf Endangered and Threatened Wildlife (TDD), please call the Federal authority and jurisdiction, and Plants; 90-Day Finding on a • Are economically and Information Relay Service (FIRS) at 800- Petition to Revise Critical Habitat for 877-8339. technologically feasible, and the Florida Manatee (Trichechus • Would, in the Director’s opinion, SUPPLEMENTARY INFORMATION: manatus latirostris) avoid jeopardizing the continued Information Solicited existence of the listed species or AGENCY: Fish and Wildlife Service, destroying or adversely modifying Interior. When we make a finding that a critical habitat. ACTION: Notice of 90–day petition petition presents substantial Reasonable and prudent alternatives finding and initiation of critical habitat information indicating that a revision of can vary from slight project review. a critical habitat designation may be modifications to extensive redesign or warranted, we initiate a review of that relocation of the project. Costs SUMMARY: We, the U.S. Fish and critical habitat to determine how we associated with implementing a Wildlife Service, announce a 90–day intend to proceed with the requested reasonable and prudent alternative are finding on a petition to revise the revision of the designation. To ensure similarly variable. critical habitat designation for the that the review is complete and Regulations at 50 CFR 402.16 require Florida subspecies (Trichechus manatus incorporates the best available scientific Federal agencies to reinitiate latirostris) of the endangered West and commercial information, we seek consultation on previously reviewed Indian manatee (Trichechus manatus) information regarding the revision of actions in instances where we have under the Endangered Species Act of critical habitat for the Florida manatee. VerDate Nov<24>2008 15:35 Sep 28, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\29SEP1.SGM 29SEP1 CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 49843 We request information from Information and materials we receive, determination that such areas are governmental agencies, Native as well as supporting documentation we essential for the conservation of the American Tribes, the scientific used in preparing this finding, will be species. community, industry, and any other available for public inspection on http:// Our implementing regulations at 50 interested parties. We are seeking www.regulations.gov, or by appointment CFR 424.12 describe our criteria for information regarding: during normal business hours, at the designating critical habitat. We are to (1) The historical and current status U.S. Fish and Wildlife Service, consider essential physical and and distribution of Florida manatee, its Jacksonville, Florida Ecological Services biological features essential to the biology and ecology, and ongoing Office (see FOR FURTHER INFORMATION conservation of the species. Those conservation measures for the species CONTACT). features include, but are not limited to: and its habitat; (1) space for individual and population (2) Physical and biological features Background growth, and normal behavior; (2) food, essential to the conservation of the Section 4(b)(3)(D) of the Act requires water, air, light, minerals, or other species; that we make a finding as to whether a nutritional or physiological (3) Information on threats to the petition to revise critical habitat requirements; (3) cover or shelter; (4) species and its habitat; and presents substantial scientific sites for breeding, reproduction, or (4) Data on the increase in growth of information indicating that the revision rearing of offspring; and (5) habitats that Florida’s human population since we may be warranted. The standard for are protected from disturbance or are designated manatee critical habitat in substantial scientific or commercial representative of the historic 1976, and examples of related increased information set forth in our geographical and ecological distribution threats to the species and subsequent implementing regulations with regard to of a species. Essential physical and changes to manatee habitat. a 90–day petition finding is ‘‘that biological features may include, but are In 2007, the Service conducted an amount of information that would lead not limited to: ‘‘nesting grounds, feeding extensive review of all available a reasonable person to believe that the sites, water quality, tide, and geological information on the Florida manatee measure proposed in the petition may formations.’’ Our implementing while preparing a 5–year status review be warranted’’ (50 CFR 424.14(b)).