Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 43853 List of Subjects in 50 CFR Part 17 Code of Federal Regulations, as set forth ■ 2. Amend § 17.11(h) by adding a new below: entry for ‘‘Puffleg, black-breasted’’ in Endangered and threatened species, alphabetical order under BIRDS, to the Exports, Imports, Reporting and List of Endangered and Threatened recordkeeping requirements, Wildlife, to read as follows: Transportation. PART 17—[AMENDED] ■ 1. The authority citation for part 17 § 17.11 Endangered and threatened wildlife. Regulation Promulgation continues to read as follows: ■ Accordingly, we amend part 17, Authority: 16 U.S.C. 1361-1407; 16 U.S.C. * * * * * subchapter B of chapter I, title 50 of the 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- 625, 100 Stat. 3500; unless otherwise noted. Species Vertebrate population where Historic range endangered Status When listed Critical habitat Special rules Common name Scientific name or threatened ******* BIRDS ******* Puffleg, black- Eriocnemis Ecuador, Entire E 767 NA NA breasted nigrivestis South Amer- ica ******* Dated: June 29, 2010 DATE: This final rule is effective August published promptly in the Federal Jeffrey L. Underwood, 26, 2010. Register. If we find that the petition has Acting Director, U.S. Fish and Wildlife ADDRESSES: The supporting file for this presented substantial information Service. rule is available for public inspection, indicating that the requested action may [FR Doc. 2010–18018 Filed 7–26–10; 8:45 am] by appointment, during normal business be warranted (a positive finding), BILLING CODE 4310–55–S hours, Monday through Friday, in Suite section 4(b)(3)(A) of the Act requires us 400, 4401 N. Fairfax Drive, Arlington, to commence a status review of the Virginia 22203. species if one has not already been DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: initiated under our internal candidate Janine Van Norman, Chief, Branch of assessment process. In addition, section Fish and Wildlife Service Foreign Species, Endangered Species 4(b)(3)(B) of the Act requires us to make Program, U.S. Fish and Wildlife Service, a finding within 12 months following 50 CFR Part 17 4401 N. Fairfax Drive, Room 420, receipt of the petition on whether the requested action is warranted, not [Docket No. FWS-R9-IA-2008-0108] Arlington, VA 22203; telephone 703- 358-2171; facsimile 703-358-1735. If you warranted, or warranted but precluded [90100-1660-1FLA B6] use a telecommunications device for the by higher-priority listing actions (this deaf (TDD), call the Federal Information finding is referred to as the ‘‘12–month RIN 1018-AW01 Relay Service (FIRS) at 800-877-8339. finding’’). Section 4(b)(3)(C) of the Act requires that a finding of warranted but SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife precluded for petitioned species should and Plants; Final Rule to List the Background be treated as having been resubmitted Medium Tree-Finch (Camarhynchus In this final rule, we determine on the date of the warranted but pauper) as Endangered Throughout Its precluded finding, and is therefore Range endangered status for the medium tree- finch (Camarhynchus pauper) under the subject to a new finding within 1 year AGENCY: Fish and Wildlife Service, Act. and subsequently thereafter until we Interior. take action on a proposal to list or Previous Federal Actions withdraw our original finding. The ACTION: Final rule. Section 4(b)(3)(A) of the Act requires Service publishes an annual notice of SUMMARY: We, the U.S. Fish and us to make a finding (known as a ‘‘90– resubmitted petition findings (annual Wildlife Service (Service), determine day finding’’) on whether a petition to notice) for all foreign species for which endangered status for the medium tree- add, remove, or reclassify a species from listings were previously found to be finch (Camarhynchus pauper) under the the list of endangered or threatened warranted but precluded. Endangered Species Act of 1973, as species has presented substantial On May 6, 1991, we received a amended (Act). This species is native to information indicating that the petition (hereafter referred to as the Floreana Island, one of the Galapagos requested action may be warranted. To 1991 petition) from the International Islands in Ecuador. This rule the maximum extent practicable, the Council for Bird Preservation (ICBP), to implements the protections of the Act finding shall be made within 90 days add 53 species of foreign birds to the list for this species. following receipt of the petition and of Threatened and Endangered Wildlife VerDate Mar<15>2010 16:58 Jul 26, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1 jdjones on DSK8KYBLC1PROD with RULES 43854 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations (50 CFR 17.11(h)), including the taxa for listing under the Act is information on the medium tree finch’s medium tree-finch that is the subject of warranted. In order to comply with the nesting success between 2004 and 2008; this final rule. In response to the 1991 recent court-order, the medium tree- indicating that between 4 and 8 percent petition, we published a positive 90– finch was included as one of the 30 taxa of nests produced fledglings. day finding on December 16, 1991 (56 for which listing is warranted. Our Response: This information has FR 65207), for all 53 species, and been considered and incorporated into Summary of Comments and announced the initiation of a status the rulemaking as appropriate. review. On March 28, 1994 (59 FR Recommendations Comment 2: Three commenters 14496), we published a 12–month In the proposed rule published on supported the proposed listing. finding on the 1991 petition, along with December 8, 2008 (73 FR 74434), we Our Response: While general support a proposed rule to list 30 African birds requested that all interested parties of a listing is not, in itself, a substantive under the Act. In that document, we submit written comments on the comment that we take into proposed listing 15 of the 53 bird proposal by February 6, 2009. We consideration as part of our five-factor species included in the 1991 petition, received six comments. We received a analysis, we appreciate the support of and announced our finding that listing comment from the Center for Biological these commenters. Support is important the remaining 38 species from the 1991 Diversity supporting the proposed to the conservation of foreign species. petition, including the medium tree- listing. Three comments received were Comment 3: One commenter finch, was warranted but precluded from peer reviewers, and two other suggested that tourist visitation to the because of other listing activity. comments were received from the Scalesia highlands (the preferred habitat On May 21, 2004 (69 FR 29354), and public that contained no substantive of the Medium Tree finch) increased April 23, 2007 (72 FR 20184), we information. We did not receive any more than tenfold since 2004, indicating published in the Federal Register requests for a public hearing. that there has been an increase in the notices announcing our annual petition During the comment period for the number of bus rides and highland tours. findings for foreign species. In those proposed rule, we received three Our Response: We acknowledge that notices, we made warranted but comments containing substantive tourism may be increasing on Floreana precluded findings for all outstanding information. No comments in Island; however, no supporting foreign species from the 1991 petition, opposition of the rule were received. All information was provided with the including the medium tree-finch which substantive information provided comment for corroboration. The United is the subject of this final rule. during the comment period has either Nations Educational, Scientific, and Per the Service’s listing priority been incorporated directly into this final Cultural Organization (UNESCO) 2007 guidelines (September 21, 1983; 48 FR determination or addressed below. report indicated that visitation has 43098), our 2007 annual notice of New clarifying information, grown in Galapagos from 40,000 in 1991 review (ANOR) (April 23, 2007; 72 FR particularly concerning the degree of to over 120,000 in 2006 (pp. 9-10). This 20184) identified the listing priority threat by the parasitic fly (Philornis is discussed in factor B, below. numbers (LPNs) (ranging from 1 to 12) downsi) and confirmation of the success Comment 4: One commenter provided for all outstanding foreign species, of the goat eradication program, was additional information on this species, including the medium tree-finch, which provided by one peer reviewer and has specifically three research papers — two was designated with an LPN of 11. The been incorporated into this finding. published in 2008 and the other in medium tree-finch does not represent a 2007— regarding the avian parasite monotypic genus. As reported in the Peer Review discussed in factor C below. 2007 ANOR, the magnitude of threat to In accordance with our peer review Our Response: The Service has the species was moderate as the species policy published on July 1, 1994 (59 FR reviewed the research, and the was common in the forested highlands 34270), we solicited expert opinion information has been considered and and its habitat had not been highly from four knowledgeable individuals incorporated into the rulemaking as degraded. The immediacy of threat was with scientific expertise that included appropriate. nonimminent because the species’ familiarity with the medium tree-finch habitat is protected by the area’s and its habitat, biological needs, and Summary of Changes from Proposed national park and World Heritage Site threats. We received responses from Rule status. three of the peer reviewers. A commenter pointed out a On January 23, 2008, the United We reviewed all comments received typographical mistake, which we have States District Court ordered the Service from the peer reviewers for substantive corrected.