Federal Register: December 9, 2008 (Volume 73, Number 237)
DOCID: fr09de08-20 FR Doc E8-28753
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
CFR Citation: 50 CFR Part 17
FWS ID: [FWS-R8-ES-2008-0067; MO 9221050083-B2]
NOTICE: PROPOSED RULES
DOCID: fr09de08-20
ACTION: Endangered and Threatened Wildlife and Plants:
DOCUMENT ACTION: Notice of 90-day petition finding; reopening of the information solicitation period.
SUBJECT CATEGORY:
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Reclassify the Delta Smelt (Hypomesus transpacificus) From Threatened to Endangered
DATES: We are reopening the public information solicitation period and request that we receive information on or before February 9, 2009.
DOCUMENT SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public information solicitation period on the July 10, 2008, 90day finding on a petition to reclassify the delta smelt (Hypomesus transpacificus) from threatened to endangered under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit information and materials on the status of delta smelt. Information previously submitted need not be resubmitted as it will already be incorporated into the public record and will be fully considered in the 12month finding.
SUMMARY:
90-Day Finding on a Petition to Reclassify the Delta Smelt (Hypomesus transpacificus) from Threatened to Endangered,
SUPPLEMENTAL INFORMATION
Information Solicited
We are soliciting information during this reopened information solicitation period on the status of delta smelt (Hypomesus transpacificus). We published a 90day finding on a petition to reclassify the delta smelt from threatened to endangered in the Federal Register on July 10, 2008 (73 FR 39639), which was made available to the public on the Federal eRulemaking Portal: http:// www.regulations.gov on July 10, 2008. If you submitted information previously on the status of delta smelt during the previous information solicitation period, please do not resubmit it. This information has been incorporated into the public record and will be fully considered in the preparation of our 12month finding.
You may submit your information and materials concerning the 90day finding by one of the methods listed in the ADDRESSES section. We will not consider submissions sent by email or fax or to an address not listed in the ADDRESSES section. If you submit information via http:// www.regulations.gov, your entire submissionincluding any personal identifying informationwill be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov.
Information and materials we receive, as well as supporting documentation we used in preparing the 90day finding for delta smelt, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Background
On July 10, 2008, we published a notice in the Federal Register (73
FR 39639) announcing the availability of the 90day finding on a
petition to reclassify the delta smelt (Hypomesus transpacificus) from
threatened to endangered. Due to an unintentional error on Regulations.gov, information was not able to be submitted
electronically by the public during the initial 60day information
solicitation period. Therefore, we are reopening the information
solicitation period to allow all interested parties to submit information and materials on the status of delta smelt.
Section 4(b)(3)(A) of the Act requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information to indicate that the petitioned action may be warranted. We are to base this finding on information provided in the petition, supporting information submitted with the petition, and information otherwise available in our files at the time we make the determination. To the maximum extent practicable, we are to make this finding within 90 days of our receipt of the petition and publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information within the Code of Federal Regulations (CFR) with regard to a 90day petition finding is ``that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted'' (50 CFR 424.14(b)). If we find that substantial scientific or commercial information was presented, we are required to promptly commence a status review of the species.
It is important to note that the ``substantial information'' standard for a 90day finding is in contrast to the Act's ``best scientific and commercial data'' standard that applies to a 12month finding as to whether a petitioned action is warranted. A 90day finding is not a status assessment of the species and does not constitute a status review under the Act. Our final determination as to whether a petitioned action is warranted is not made until we have completed a thorough status review of the species, which is conducted following a positive 90day finding. Because the Act's standards for 90day and 12month findings are different, as described above, a positive 90day finding does not mean that the 12month finding also will be positive.
Authority: The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: November 24, 2008.
Deputy Director,
U.S. Fish and Wildlife Service.
[FR Doc. E828753 Filed 12808; 8:45 am]
BILLING CODE 431055P
FOR FURTHER INFORMATION CONTACT
Susan Moore, Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W2605, Sacramento, CA 95825; telephone 9164146600; facsimile 9164146712. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service at 8008778339