Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Proposed Rules 21301 DEPARTMENT OF THE INTERIOR Ecological Services Field Office, 2369 these features are currently found, and West Orton Circle, Suite 50, West Valley whether any of these features may Fish and Wildlife Service City, UT 84119; telephone 801–975– require special management 3330, extension 126. If you use a considerations or protection. In 50 CFR Part 17 telecommunications device for the deaf addition, we request data and [FWS–R6–ES–2009–0021; MO 92210530083– (TDD), call the Federal Information information regarding whether there are B2] Relay Service (FIRS) at 800–877–8339. areas outside the geographical area SUPPLEMENTARY INFORMATION: occupied by the species that are Endangered and Threatened Wildlife essential to the conservation of the Information Solicited and Plants; 90-Day Finding on a species. Please provide specific Petition To List the American Pika as When we make a finding that a comments and information as to what, Threatened or Endangered with Critical petition presents substantial if any, critical habitat you think we Habitat information to indicate that listing a should propose for designation if the species may be warranted, we are species is proposed for listing, and why AGENCY: Fish and Wildlife Service, required to promptly commence a such habitat meets the requirements of Interior. review of the status of the species. To the Act. ACTION: Notice of 90-day petition ensure that our status review is We will base our 12-month finding on finding and initiation of status review. complete and based on the best a review of the best scientific and available scientific and commercial commercial information available, SUMMARY: We, the U.S. Fish and information, we are soliciting including all information we receive Wildlife Service (Service), announce a information on the American pika or during this public comment period. 90-day finding on a petition to list the any subspecies of the American pika. Please note that submissions merely American pika (Ochotona princeps) as We request data and information from stating support for or opposition to the threatened or endangered under the the public, other governmental agencies, action under consideration without Endangered Species Act of 1973, as tribes, the scientific community, providing supporting information, amended (Act). We find that the petition industry, or any other interested parties although noted, will not be considered presents substantial scientific or concerning the status of the American in making a determination, as section commercial information indicating that pika or any subspecies of the American 4(b)(1)(A) of the Act directs that we listing of the American pika may be pika. We are seeking information make determinations as to whether any warranted. Therefore, with the regarding the species’ or subspecies’: (1) species is a threatened or endangered publication of this notice, we are Historical and current status and species ‘‘solely on the basis of the best initiating a status review of the species, distribution; (2) population size and scientific and commercial data and we will issue a 12-month finding to trend; (3) biology and ecology; (4) available.’’ At the conclusion of the determine if the petitioned action is taxonomy (especially the genetics of the status review, we will issue a 12–month warranted. To ensure that the status species and subspecies); and (5) ongoing finding on the petition, as provided in review is comprehensive, we are conservation measures for the animals section 4(b)(3)(B) of the Act. soliciting scientific and commercial data or their habitat. You may submit your information regarding this species. We will make a We also are seeking information on concerning this status review by one of determination on critical habitat for this the following five threat factors used to the methods listed in the ADDRESSES species if, and when, we initiate a determine if a species, as defined under section. listing action. the Act, is threatened or endangered If you submit information via http:// under section 4(a)(1) of the Act (16 DATES: We made the finding announced www.regulations.gov, your entire in this document on May 7, 2009. To U.S.C. 1531 et seq.): (a) The present or threatened submission—including any personal allow us adequate time to conduct the identifying information—will be posted 12–month status review, we request that destruction, modification, or curtailment of the species’ habitat or on the website. If your submission is we receive information on or before July made via a hardcopy that includes 6, 2009. range; (b) Overutilization for commercial, personal identifying information, you ADDRESSES: You may submit recreational, scientific, or educational may request at the top of your document information by one of the following purposes; that we withhold this personal methods: identifying information from public • (c) Disease or predation; Federal rulemaking Portal: http:// (d) The inadequacy of existing review. However, we cannot guarantee www.regulations.gov. Follow the regulatory mechanisms; or that we will be able to do so. We will instructions for submitting comments. (e) Other natural or manmade factors post all hardcopy submissions on http:// • U.S. mail or hand-delivery: Public affecting its continued existence and www.regulations.gov . Please include Comments Processing, Attn: FWS–R6– threats to the species or its habitat. sufficient information with your ES–2009–0021; Division of Policy and If we determine that listing the comments to allow us to verify any Directives Management; U.S. Fish and American pika or any subspecies of the scientific or commercial information Wildlife Service; 4401 N. Fairfax Drive, American pika under the Act is you include. Suite 222; Arlington, VA 22203. warranted, we intend to propose critical Information and materials we receive, We will not accept e-mail or faxes. We habitat to the maximum extent prudent as well as supporting documentation we will post all comments on http:// and determinable at the time we used in preparing this 90–day finding, www.regulations.gov. This generally propose to list the species. Therefore, will be available for public inspection means that we will post any personal with regard to areas within the on http://www.regulations.gov, or by information you provide us (see the geographical range currently occupied appointment, during normal business Information Solicited section below for by the species, we also request data and hours, at the U.S. Fish and Wildlife more information). information on what may constitute Service, Utah Ecological Services Field FOR FURTHER INFORMATION CONTACT: physical or biological features essential Office (see FOR FURTHER INFORMATION Larry Crist, Field Supervisor, Utah to the conservation of the species, where CONTACT). VerDate Nov<24>2008 16:34 May 06, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\07MYP1.SGM 07MYP1 21302 Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Proposed Rules Background Court on February 12, 2009, agreeing to consumption of vegetation) occurs year- Section 4(b)(3)(A) of the Act requires submit a 90-day finding to the Federal round; haying (the storage of vegetation that we make a finding on whether a Register by May 1, 2009, and, if for later consumption) occurs only in petition to list, delist, or reclassify a appropriate, to submit a 12-month summer months after the breeding species presents substantial scientific or finding to the Federal Register by season (Smith and Weston 1990, p. 4). commercial information indicating that February 1, 2010. The primary purpose of haypiles is We received a letter, dated November the petitioned action may be warranted. overwintering sustenance, and 3, 2008, from the Center that discussed We are to base this finding on individuals harvest more vegetation and transmitted supplemental information contained in the petition than necessary for these haypiles information found in recent scientific and supporting information readily (Dearing 1997a, p. 1156). The species studies that had not been included in available in our files at the time of the takes advantage of plant chemistry by the original petition. We considered this selecting low-phenolic (containing petition review. To the maximum extent additional information when making practicable, we are to make this finding phenol, an organic compound that in this finding. high amounts is toxic to pika) vegetation within 90 days of our receipt of the In making this finding, we relied on petition, and publish our notice of this for feeding, while at the same time information provided by the petitioner, selecting high-phenolic, but slow- finding promptly in the Federal as well as information readily available Register. decaying, vegetation for haying (Dearing in our files at the time of the petition 1997b, pp. 774, 776, 779). By the time Our standard for substantial review. We evaluated the information in information within the Code of Federal pikas consume the stored vegetation, accordance with 50 CFR 424.14(b). Our plant toxins have decayed to palatable Regulations (CFR) regarding a 90-day process for making this 90-day finding petition finding is ‘‘that amount of levels (Dearing 1997b, pp. 774, 779). under section 4(b)(3)(A) of the Act and Thermoregulation is an important information that would lead a section 424.14(b) of our regulations is aspect of American pika physiology, reasonable person to believe that the limited to a determination of whether because individuals have a high normal measure proposed in the petition may the information in the petition contains body temperature of approximately 40 be warranted’’ (50 CFR 424.14(b)). If we ‘‘substantial scientific and commercial °Celsius (C) (104 °Fahrenheit (F)) find that the petition presented information.’’ substantial information, we are required (MacArthur and Wang 1973, p. 11; to promptly commence a review of the Species Information Smith and Weston 1990, p.