Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules 23265 al. 2005, p. 217). Disturbances such as We are not aware of any information DEPARTMENT OF THE INTERIOR wildfire and insect outbreaks are regarding impacts from factors A and E increasing and are likely to intensify that specifically pertains to the Fish and Wildlife Service with drier soils and a longer growing Arapahoe snowfly. However, there is season (Field et al. 2007, p. 619). The adequate information documenting that 50 CFR Part 17 mountain pine beetle has expanded its recreation, grazing, carbaryl spraying, [Docket No. FWS–R4–ES–2011–0007; MO range into areas previously too cold to and road usage are ongoing in Elkhorn 92210–0–0008] support it (Field et al. 2007, p. 623; Creek and that recreation is occurring in Saunders et al. 2008, pp. 21, 23). The Young Gulch. There also is adequate Endangered and Threatened Wildlife USFS predicts that in Colorado and information documenting the likely and Plants; 90-Day Finding on a southern Wyoming, mountain pine adverse effects of these activities on Petition To List the Smooth-Billed Ani beetles will likely kill the majority of stoneflies. Consequently, we have as Threatened or Endangered mature lodgepole pine forests within the concluded that since the Arapahoe next 3 to 5 years (Saunders et al. 2008, snowfly is a species of stonefly, it is AGENCY: Fish and Wildlife Service, pp. 21 and 23). likely being adversely affected by these Interior. Aquatic insects may respond to activities, particularly in view of its very ACTION: Notice of 90-day petition elevated temperatures in the following narrow known range and rarity within finding. ways: (1) Behaviorally, by emigrating that range. We will assess all of these SUMMARY: We, the U.S. Fish and from, or changing distribution within, factors more thoroughly during our Wildlife Service, announce a 90-day stressed regions; or (2) physiologically, status review for the species. finding on a petition to list the smooth- by adjusting the duration and extent of Because we have found that the billed ani (Crotophaga ani) as growth and development in immature petition presents substantial threatened or endangered under the stages, and ultimate size, condition, and information indicating that listing the Endangered Species Act of 1973, as fecundity as adults (Williams and Arapahoe snowfly may be warranted, amended (Act). Based on our review, we Feltmate 1992, p. 285). Impacts from we are initiating a status review to find that the petition does not present global warming will vary greatly at the determine whether listing the Arapahoe substantial information indicating that species level (Williams and Feltmate snowfly under the Act is warranted. 1992, p. 287). The Arapahoe snowfly The ‘‘substantial information’’ listing the species may be warranted. will likely be affected by warmer standard for a 90-day finding differs Therefore, we are not initiating a status streamflows and by continuing from the Act’s ‘‘best scientific and review in response to this petition. outbreaks of mountain pine beetle. commercial data’’ standard that applies However, we ask the public to submit to However, we cannot predict the extent to a status review to determine whether us any new information that becomes to which the species will be able to a petitioned action is warranted. A 90- available concerning the status of, or adjust behaviorally or physiologically to day finding does not constitute a status threats to, the smooth-billed ani or its these changes. We will assess this factor review under the Act. In a 12-month habitat at any time. more thoroughly during our status finding, we will determine whether a DATES: The finding announced in this review for the species. petitioned action is warranted after we document was made on April 26, 2011. In summary, we find that the have completed a thorough status ADDRESSES: This finding is available on information provided in the petition, as review of the species, which is the Internet at http:// well as other information readily conducted following a substantial 90- www.regulations.gov at Docket Number available in our files, presents day finding. Because the Act’s standards FWS–R4–ES–2011–0007. Supporting substantial scientific or commercial for 90-day and 12-month findings are documentation we used in preparing information indicating that the different, as described above, a this finding is available for public petitioned action may be warranted due substantial 90-day finding does not inspection, by appointment, during to other natural or manmade factors necessarily mean that the 12-month normal business hours at the U.S. Fish affecting its continued existence such as finding will result in a warranted and Wildlife Service, South Florida the apparent small population size of finding. Ecological Services Office, 1339 20th the Arapahoe snowfly, especially given Street, Vero Beach, Florida 32960–3559. References Cited the stressors it faces from recreation, Please submit any new information, grazing, and certain forest management A complete list of references cited is materials, comments, or questions practices. The species also will likely be available on the Internet at http:// concerning this finding to the above affected by climate change; however, we www.regulations.gov or upon request address. cannot currently predict the extent to from the Colorado Field Office (see FOR FOR FURTHER INFORMATION CONTACT: which it will be able to adjust to these FURTHER INFORMATION CONTACT). changes. Spencer Simon, Assistant Field Author Supervisor, of the South Florida Finding The primary authors of this notice are Ecological Services Office (see On the basis of our determination staff members of the Regional Office and ADDRESSES) by telephone 772–562– under section 4(b)(3)(A) of the Act, we the Colorado Field Office (see 3909, or by facsimile to 772–562–4288. have determined that the petition ADDRESSES). If you use a telecommunications device presents substantial scientific or for the deaf (TDD), please call the commercial information indicating that Authority: The authority for this action is Federal Information Relay Service the Endangered Species Act of 1973, as listing the Arapahoe snowfly throughout amended (16 U.S.C. 1531 et seq.). (FIRS) at 800–877–8339. its entire range may be warranted. This SUPPLEMENTARY INFORMATION: finding is based on information Dated: April 13, 2011. provided under factors A and E. The Rowan Gould, Background information provided in the petition Director, U.S. Fish and Wildlife Service. Section 4(b)(3)(A) of the Act (16 under factors B, C, and D is not [FR Doc. 2011–9973 Filed 4–25–11; 8:45 am] U.S.C. 1531 et seq.) requires that we substantial. BILLING CODE 4310–55–P make a finding on whether a petition to VerDate Mar<15>2010 16:08 Apr 25, 2011 Jkt 223001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\26APP1.SGM 26APP1 jlentini on DSKJ8SOYB1PROD with PROPOSALS 23266 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules list, delist, or reclassify a species smooth-billed ani is a medium-sized suburban areas, open areas with brush presents substantial scientific or cuculid, with a length of 12–14 inches or scrub, plantations, gardens, commercial information indicating that (30–36 centimeters) and a mass of farmlands, and forest clearings (Quinn the petitioned action may be warranted. approximately 3.5 ounces (100 grams) and Startek-Foote 2000, section 6, p. 1). We are to base this finding on (Ridgway 1916 and Loflin 1983 as cited Preferred habitat is considered to be information provided in the petition, in Quinn and Startek-Foote 2000, open grassland (Blanchard 2000, p. 5). supporting information submitted with section 2, p. 1). Males tend to be slightly In Puerto Rico, Guyana, Cuba, Jamaica, the petition, and information otherwise larger than females (Quinn and Startek- Colombia, and the Gala´pagos Islands, available in our files. To the maximum Foote 2000, section 2, p. 1). This species this species uses cow pastures and extent practicable, we are to make this is distinguished by: all-black plumage, adjacent lands (Quinn and Startek-Foote finding within 90 days of our receipt of glossed with greenish or violet 2000, section 6, p. 1). In south Florida, the petition and publish our notice of iridescence in parts; a long tail density was positively correlated with the finding promptly in the Federal (approximately 6.8 in (17.2 cm)); a large, amount of grazing lands and human Register. arched, and laterally compressed bill, habitation (Loflin 1983 as cited in Our standard for substantial scientific usually showing a raised hump on the Quinn and Startek-Foote 2000, section or commercial information within the basal half of the upper mandible; and a 6, p. 1). In general, this species typically Code of Federal Regulations (CFR) with distinctive call, including a whining occupies lowlands, often near the coast, regard to a 90-day petition finding is ‘‘ah-nee,’’ which is usually delivered 1– preferring a source of water (e.g., marsh, ‘‘that amount of information that would 4 times, along with other vocalizations pond, river) and avoiding dense forest lead a reasonable person to believe that (Quinn and Startek-Foote 2000, section (Quinn and Startek-Foote 2000, section the measure proposed in the petition 1, p. 1; section 2, p. 1; section 8, p. 1). 6, p. 1). In a study area in south Florida, may be warranted’’ (50 CFR 424.14(b)). Immature birds resemble adults, but the smooth-billed ani was found to If we find that substantial scientific or their plumage contains a mixture of dull occupy discontinuous patches of habitat commercial information was presented, and glossy blackish feathers, and the bill (e.g., parks, nurseries, small we are required to promptly conduct a is slightly shallower (Quinn and Startek- undeveloped plots of land) and avoid species status review, which we Foote 2000, section 2, p.