Federal Register: August 26, 2009 (Volume 74, Number 164)
DOCID: fr26au09-17 FR Doc E9-20604
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
CFR Citation: 50 CFR Part 17
FWS ID: [FWS-R1-ES-2007-0004; MO 9221050083]
NOTICE: PROPOSED RULES
DOCID: fr26au09-17
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 List the Black-Footed Albatross (Phoebastria nigripes) as Threatened or Endangered
DATES: We are reopening the public information solicitation period and request that we receive information on or before September 25, 2009.
DOCUMENT SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public information solicitation period on our October 9, 2007, 90day finding on a petition to list the blackfooted albatross (Phoebastria nigripes) as threatened or 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 the blackfooted albatross. Information previously submitted need not be resubmitted as it has already been incorporated into the public record and will be fully considered in the 12month finding.
SUMMARY:
Endangered and Threatened Wildlife and Plants;
SUPPLEMENTAL INFORMATION
Information Solicited
We are soliciting information during this reopened information solicitation period on the status of the blackfooted albatross. We published a 90day finding on a petition to list the blackfooted albatross as threatened or endangered in the Federal Register on October 9, 2007 (72 FR 57278). If you submitted information previously on the status of the blackfooted albatross 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 the 12month finding.
You may submit your information and materials concerning the 90day
finding by one of the methods listed in the ADDRESSES section. Please
be aware that 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 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 also 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 the black footed albatross, will be available for public inspection on http:// www.regulations.gov, or by appointment, during normal business hours, at the Service's Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT, above).
Background
On October 9, 2007, we published a 90day finding on a petition to
list the blackfooted albatross as threatened or endangered (72 FR
57278). In that 90day finding, we found that the petition presented
substantial scientific or commercial information indicating that
listing the blackfooted albatross may be warranted. We also initiated a status review to determine if listing the species
[[Page 43093]]
is warranted, and announced a 60day public information solicitation
period on the petition finding and status review, which ended on December 10, 2007.
We received two requests for an extension of the information solicitation period in order to allow agencies and interested persons the opportunity to provide additional information for our consideration during this status review. In particular, these requests were based on the anticipated publication of a formal status assessment of the black footed (and Laysan) albatross by the U.S. Geological Survey, Biological Resources Discipline (USGSBRD). This status assessment is now available to the public for review (http://pubs.usgs.gov/sir/2009/5131/ ). The USGSBRD Status Assessment of Laysan and Blackfooted Albatrosses provides a synthesis and review of all existing data and other information about the species, including an assessment of fisheryrelated mortality and statistical models of the population status and trajectory. This assessment, along with other information provided by the public and reviewers on the 90day petition finding, will be an important source of information for the status review and 12month finding on the blackfooted albatross.
It is important to note that the standard for ``substantial information'' indicating that the petitioned action may be warranted for a 90day finding is in contrast to the 12month finding that determines 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 12 month 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, as amended (16 U.S.C. 1531 et seq.).
Dated: August 17, 2009.
Dan Ashe,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E920604 Filed 82509; 8:45 am]
BILLING CODE 431055P
FOR FURTHER INFORMATION CONTACT
Gina Shultz, Deputy Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Room 3122, Honolulu, HI 96850 (telephone 8087929400; facsimile 8087929581). If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800877 8339.