2008 Federal Register, 73 FR 45383; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Proposed Rules]
[Page 45383-45390]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au08-23]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2008-0063; 92300-1113-0000-9B]
RIN 1018-AU62

Endangered and Threatened Wildlife and Plants; Amending the
Formats of the Lists of Endangered and Threatened Wildlife and Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), propose to amend
the formats of the Lists of Endangered and Threatened Wildlife and
Plants to include current practices and standards that will make the
regulations and Lists easier for the public to understand. When we
finalize this proposed rule, we will publish the Lists of Endangered
and Threatened Wildlife and Plants in their entirety in the new
formats.

DATES: We must receive comments by September 4, 2008 in order to ensure
their consideration in our final decision.

ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-ES-2008-0063; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).

FOR FURTHER INFORMATION CONTACT: Michael Franz, Office of Program
Support, Endangered Species, U.S. Fish and Wildlife Service, 4401 N.
Fairfax Drive, Arlington, VA, 22203; telephone 703-358-2079. If you use
a telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

The Lists of Endangered and Threatened Wildlife and Plants (Lists),
found in the Code of Federal Regulations (CFR) at 50 CFR 17.11 for
wildlife and 50 CFR 17.12 for plants, contain the names of species
officially listed as endangered or threatened under the Endangered
Species Act of 1973, as amended 16 U.S.C. Sec. Sec. 1531 et seq.(ESA).
The most recent compilation of Lists appears in the 2007 edition of
title 50 CFR, which was issued in early 2008. That compilation included
regulatory amendments effective as of October 1, 2007.
The species were placed on the Lists by FWS, by the National Marine
Fisheries Service (NMFS) of the Department of Commerce's National
Oceanic and Atmospheric Administration, or by both of these agencies in
joint rulemaking actions. References to ``Services'' in the text of
Sec. 17.11 and Sec. 17.12 refer to both of these agencies.
The Lists represent the official Government record of which species
are listed and where they are considered listed under the ESA. Over
time, we have noted numerous anomalies in the Lists, including
ambiguous entries and confusing format and column titles. After
detailed research on the origin, history, and purpose of the Lists, we
determined that the format, references, and standards need to be
updated. This rule is designed to address these observed problems and
propose corrections to enhance the clarity of the lists.

History of the Lists of Endangered and Threatened Species

The first endangered species list was published March 8, 1969 (35
FR 5034) and included only two columns, Common Name and Scientific
Name. In 1971, that list was added to title 50 CFR in the newly created
section 17 and divided into two separate lists with appendix A being
the ``U.S. List of Endangered Foreign Fish and Wildlife'' with three
columns (Common Name, Scientific Name, and Where Found) and appendix D
being the ``United States' List of Endangered Native Fish and
Wildlife'' with still only the original two columns (Common Name and
Scientific Name).
In 1974, the two appendices were changed into the now familiar
locations in Sec. 17.11 and Sec. 17.12 with the appendix A becoming
Sec. 17.11 (Foreign) and

[[Page 45384]]

appendix D becoming Sec. 17.12 (Native). In 1975, the two Lists were
fused into one list at Sec. 17.11 (Wildlife), and the columns were
expanded from three to eight (Common Name, Scientific Name, Population,
Known Distribution, Portion of Range Where Endangered or Threatened,
Status, When Listed, and Special Rules). See figure 1, below. The
``When Listed'' footnote system was created with 11 footnotes. Section
17.12 was reserved for ``Endangered and Threatened Plants''.
Figure 1 - Sec. 17.11 Wildlife

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Population
------------------------------------------------------------------------------------
Portion of Range Range Status When Listed Special rules
Common name Scientific name Known Where Endangered
Distribution or Threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

In 1977, Sec. 17.12 was populated with only seven columns (Common
Name, Scientific Name, Known Distribution, Portion of Range Where
Threatened or Endangered, Status, When Listed, and Special rules). See
figure 2, below. The Sec. 17.12 List had its own footnote system, which
was only one footnote at that time.
Figure 2 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Range
---------------------------------------------------------------------------------------------
Portion of Range Status When Listed Special rules
Common name Scientific name Known Distribution Where Threatened
or Endangered
--------------------------------------------------------------------------------------------------------------------------------------------------------
..................
--------------------------------------------------------------------------------------------------------------------------------------------------------

In 1980, the Lists were reformatted into their present columns. A
proposed rule was published on August 15, 1979 (44 FR 47862), proposing
to include the following columns for Sec. 17.11: Common name,
Scientific name, Historic range, Population where endangered or
threatened, Status, When listed, Critical habitat, and Special rules;
and the following columns for Sec. 17.12: Scientific name, Common name,
Historic range, Status, When listed, Critical habitat, and Special
rules. A final rule was published on February 27, 1980 (45 FR 13010),
with the following columns for Sec. 17.11: Common name, Scientific
name, Historic range, Vertebrate population where endangered or
threatened, Status, When listed, Critical habitat, and Special rules.
The final rule adopted the columns for Sec. 17.12 as they had appeared
in the proposed rule. See figures 3 and 4.
Figure 3 - Sec. 17.11 Wildlife

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------ Population where Critical
Historic Range Endangered or Status When Listed Habitat Special Rules
Common Name Scientific Name Threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

Figure 4 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
----------------------------------------------------- Historic Range Status When Listed Critical Habitat Special Rules
Common Name Scientific Name
--------------------------------------------------------------------------------------------------------------------------------------------------------
..................
--------------------------------------------------------------------------------------------------------------------------------------------------------

Neither the proposed rule nor the final rule included the entire
Lists. The Lists were published in the new format with technical errors
corrected on May 20, 1980 (45 FR 33767). On September 30, 1994 (59 FR
49848), the family grouping of the plants, which had resided in the
scientific name column, was moved to a new column named ``Family.'' See
figure 5.
Figure 5 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Historic Range Family Status When Listed Critical Special Rules
Common Name Scientific Name Habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 45385]]

Rule Purpose

We are proposing all of the changes in this rulemaking to update
the regulations to include current practices and standards and ensure
that the regulations and lists are easy for the public to understand.
We are also standardizing entries and correcting numerous anomalies,
ambiguous entries, and confusing formats. None of the proposed changes
are regulatory in nature; we are proposing them for the purpose of
clarity. Technical corrections in the final rulemaking will include but
are not limited to updating or correcting: historical range, footnotes,
references to certain other applicable portions of title 50 CFR,
synonyms, the spelling of species' names and providing more current
names. No revisions will be made to the species, as defined in current
50 CFR 17.11(b) or 17.12(b), or its status. These two actions would
require separate rulemakings following the procedures of part 424 of 50
CFR.

Renaming and Reorganizing the Lists' Columns

With this proposed rule, we are renaming and reorganizing the
columns in the lists to clarify the types of information being
presented.

``When listed'' to ``Citations''

For both Lists, we will replace the column heading ``When listed''
with ``Citations.'' This column currently contains footnote numbers
referencing a table of citations for final listing rules and special
rules under section 4(d) of the Act. When we last proposed to reformat
the Lists in 1979, this table contained only 44 footnotes. The current
table has more than 700 entries, and has become hard to manage and use.
To correct this, we propose to replace the footnote numbers that
currently populate this column with the actual Federal Register
citation (volume and document starting page number) and publication
date that are in the table following each list. We will also
standardize the references so that they all refer to the first page of
the published document and correct any errors. For example, some
existing footnotes reference the wrong date or miss a citation
reference. When we publish the Lists for the final rule, we will
correct those entries to standardize and ease information promulgation.

``Vertebrate population where endangered or threatened'' to ``Where
listed''

In the October 1, 2000, edition of the CFR, in the List of
Endangered and Threatened Wildlife found at Sec. 17.11(h), all of the
entries for invertebrate species within the column ``Vertebrate
population where endangered or threatened'' were erroneously changed to
``Entire''. We had originally published these entries with ``NA'' (Not
Applicable) in that column due to the title only applying to vertebrate
populations. The error was purely editorial; it in no way changed any
of the applicable provisions of law. Upon further investigation, we
found that the location information of invertebrate species with
experimental populations were placed in this column. We also discovered
that as the experimental populations of invertebrate species were added
to the wildlife list by the Service, many of those entries contained
``Dittos'' to show duplicate information in the Lists. Some of those
entries containing ``Dittos'' followed entries that had been
erroneously changed to ``Entire'' in 2000. As a result, there were
numerous errors.
For the list of wildlife (Sec. 17.11(h)) only, we propose replacing
the column heading ``Vertebrate population where endangered or
threatened'' with ``Where listed,'' because certain entries in this
column apply to invertebrate experimental populations. The new name
``Where listed'' better reflects the data within the column. We also
propose changing all the current entries ``N/A'' to ``Entire'' to
reflect the change in the column title. And lastly, we will no longer
utilize the ``Dittos'' system to show duplicate information.
For the list of plants (Sec. 17.12(h)), we propose replacing the
``Family'' column with a ``Where listed'' column to standardize both
lists to identical column and structure. We also propose populating
each entry for that column with ``Entire'' because the ESA protection
for all of the plants currently on the list applies to all individuals
of a plant species wherever found. Future additions to the list may
have a more limited entry under the ``Where listed'' column. The family
name is available for each entry on the species' profile page
accessible through the Service's website (http://www.fws.gov/
endangered/).
These proposed amendments to the Lists are editorial in nature and
involve no substantive changes to the List of Endangered and Threatened
Wildlife found at 50 CFR 17.11(h) or the List of Endangered and
Threatened Plants found at 50 CFR 17.12(h), nor to any applicable
regulations.

Adding ESU and DPS Subtitles to ``Common Name''

Since the lists were last reformatted, the Services have
implemented several policies that have affected the format of the
Sec. 17.11 (h) list. NMFS's Evolutionarily Significant Unit (ESU)
policy (56 FR 58612, November 20, 1991) and the interagency Policy
Regarding the Recognition of Distinct Population Segment (DPS; 61 FR
4721, February 7, 1996) allow for more refined application of the ESA
that better reflects the conservation needs of the taxon being
considered, and avoids the inclusion of entities that may not warrant
protection under the ESA. Currently, the ``Vertebrate population where
endangered or threatened'' column distinguishes the different ESU and
DPS entries for the same species by describing the geographic area
where they occur, but without providing a name for the population. To
facilitate distinguishing the ESU/DPS entries, we are proposing to add
the ESU or DPS subtitle to the Common Name column in brackets
(Sec. 17.11(h) only).

Reorganizing the Columns

We have reorganized the columns to separate the regulatory data
columns from the ``information only'' and ``navigational reference''
data columns. We have placed all the regulatory columns [``Species
(Common name (ESU/DPS) and Scientific name),'' ``Status,'' and ``Where
listed''] together as the first four columns of the lists, the
information-only column [``Historic range''] as the next column, and
the navigational references [``Citations,'' ``Special rules,'' and
``Critical habitat''] as the final three columns. See Figures 6 - 9.
Figure 6 - Current Sec. 17.11 Column Titles and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------ population where Critical
Historic range endangered or Status When listed habitat Special rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 45386]]

Figure 7 - Proposed Sec. 17.11 Column Title and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Status Where listed Historic range Citations Special rules Critical
Common name [ESU or DPS] Scientific name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

Figure 8 - Current Sec. 17.12 Column Titles and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Historic range Family Status When listed Critical Special rules
Scientific name Common name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

Figure 9 - Proposed Sec. 17.12 Column Title and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Status Where listed Historic range Citations Special rules Critical
Scientific name Common name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

We also propose to reorganize and update the text introducing the
lists of wildlife and plants (Sec. 17.11(h) and Sec. 17.12(h),
respectively) to reflect the proposed changes described above.

Updating Standards References

For species' nomenclature (scientific and common names), we propose
to change the primary source upon which we rely. The current text
introducing the lists in Sec. 17.11 and Sec. 17.12 references two
standards for scientific nomenclature: The International Code of
Zoological Nomenclature and The International Code of Botanical
Nomenclature. Respectfully, instead of referencing those International
Codes, we propose that the Service now rely to the extent practicable
on the Integrated Taxonomic Information System (ITIS) which
incorporates both of the International Code standards and the standard
references adopted for the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
In addition to incorporating the standards the service has already
been using, ITIS is an authoritative taxonomic database (http://
www.itis.gov) maintained by a partnership of U.S., Canadian, and
Mexican agencies; other organizations; and taxonomic specialists. The
U.S. partners include the National Oceanic and Atmospheric
Administration of the Department of Commerce; the U.S. Geological
Survey and National Park Service of the Department of the Interior; the
Environmental Protection Agency; the Agricultural Research Service and
Natural Resources Conservation Service of the Department of
Agriculture; the National Biological Information Infrastructure (NBII);
the Smithsonian Institution; and NatureServe (a nonprofit organization
representing the Natural Heritage programs in the States). The NBII is
a broad-based, collaborative program among Federal, State,
international, nongovernmental, academic, and private industry
partners. Its Federal partners include the FWS and the Bureau of Land
Management of the Department of the Interior; the National Aeronautics
and Space Administration; the National Science Foundation; the
Tennessee Valley Authority; the Forest Service of the Department of
Agriculture; the Federal Geographic Data Committee; and the Gap
Analysis Program.
CITES is an international convention among 173 signatory countries
(Parties) to ensure that international trade in specimens of wild
animals and plants does not threaten their survival (50 CFR part 23).
The CITES Parties have adopted standard nomenclatural and taxonomic
references for species included in the CITES Appendices, which are
listed in the most recent CITES resolution on standard nomenclature.
(http://www.cites.org/eng/res/index.shtml)

Public Comments

You may submit your comments and materials concerning our proposed
rule by one of the methods listed in the ADDRESSES section. We will not
consider comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you submit a hard copy comment 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
hard copy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov [FDMS
Docket Number: FWS-R9-ES-2008-0063], or by appointment, during normal
business hours, at the U.S. Fish and Wildlife Service, Office of
Program Support, Endangered Species Program (see FOR FURTHER
INFORMATION CONTACT).
You may obtain copies of the proposed rule by mail from the U.S.
Fish and Wildlife Service, Office of Program Support, Endangered
Species Program (see FOR FURTHER INFORMATION CONTACT), or by visiting
the Federal

[[Page 45387]]

eRulemaking Portal at http:// www.regulations.gov.

Required Determinations

Regulatory Planning and Review (E.O. 12866)

This proposed rule is not significant and is not subject to review
by the Office of Management and Budget under Executive Order (E.O.)
12866. The Office of Management and Budget (OMB) has determined that
this rule is not significant under Executive Order 12866 (E.O. 12866).
OMB based its determination upon the following four criteria:
(a)Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b)Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c)Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d)Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

The Department of the Interior certifies that this proposed rule
would not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.). The changes we are proposing to make are intended primarily
to update the standards of scientific naming used in the Lists of
Endangered and Threatened Wildlife and Plants and to clarify language
in our regulations. These changes would not have a substantive impact
on the scope of the regulation, and thus would not affect businesses or
other small entities as defined in the RFA.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
1. Would not have an annual effect on the economy of $100 million
or more.
2. Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions.
3. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

This proposed rule would not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. This proposed rule would not have a significant or
unique effect on State, local, or tribal governments or the private
sector. Our proposal would simply reorganize and clarify existing
regulations and provide new standard references for species'
nomenclature. A statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In accordance with E.O. 12630, this proposed rule would not have
significant takings implications. We are proposing only to reorganize
and clarify existing regulations and provide new standard references
for species' nomenclature. This action would therefore not interfere
with constitutionally protected private property rights. A takings
implication assessment is not required.

Federalism (E.O. 13132)

In accordance with E.O. 13132, this proposed rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment. As our proposal involves reorganizing and
clarifying existing regulations, and providing new standard references
for species' nomenclature, we do not expect it would have any effect on
State or local governments or their activities. A Federalism Assessment
is not required.

Civil Justice Reform (E.O. 12988)

In accordance with E.O. 12988, the Office of the Solicitor has
determined that this proposed rule does not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order.

Paperwork Reduction Act

This proposed rule does not contain any new or revised information
collections for which Office of Management and Budget approval is
required under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An
agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

National Environmental Policy Act

This proposed rule has been analyzed under the criteria of the
National Environmental Policy act and 318 DM 2.2 (g) and 6.3 (D). This
proposed rule does not amount to a major Federal action significantly
affecting the quality of the human environment. An environmental impact
statement/evaluation is not required. This proposed rule is
categorically excluded from further National Environmental Policy Act
requirements, under part 516 of the Departmental Manual, Chapter 2,
Appendix 1.10. This categorical exclusion addresses policies,
directives, regulations, and guidelines that are of an administrative,
financial, legal, technical, or procedural nature and whose
environmental effects are too broad, speculative, or conjectural to
lend themselves to meaningful analysis under NEPA.

Government-to-Government Relationship with Tribes

Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59
FR 22951), and the Department of the Interior's Manual at 512 DM 2, we
have evaluated possible effects on federally recognized Indian Tribes
and have determined that there are no effects. Our proposal would
simply reorganize and clarify existing regulations and provide new
standard references for species' nomenclature.

Energy Supply, Distribution, or Use

On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule
proposes to revise the formats of the Lists of Endangered and
Threatened Wildlife and Plants. This rule is not expected to
significantly affect energy supplies, distribution, and use. Therefore,
this action is a not a significant energy action, and no Statement of
Energy Effects is required.

Author

Michael Franz, Office of Program Support, compiled this document.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

For the reasons set forth in the preamble, we propose to amend part
17, subchapter B of chapter I, title 50 of the Code of Federal
Regulations, as set forth below:

[[Page 45388]]

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.11 by revising paragraphs (a) through (g), and the
introductory text and the column headings in the List of Endangered and
Threatened Wildlife in paragraph (h), to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

(a) The list in paragraph (h) of this section contains the wildlife
species determined by the Services to be endangered or threatened. It
also contains the wildlife species treated as endangered or threatened
because they are similar in appearance to and may be confused with
endangered or threatened species (see Sec. 17.50 et seq.). The ``Common
name,'' ``Scientific name,'' ``Status,'' and ``Where listed'' columns
provide regulatory information; together, they define the wildlife
species within the meaning of the Act. When a taxon has more than one
entry, the ``Status'' or ``Where listed'' column will identify its
status in each relevant geographic area. The listing of a particular
taxon includes all lower taxonomic units. For example, the genus
Hylobates (gibbons) is listed as endangered throughout its entire
range; consequently, all species, subspecies, and populations of that
genus, wherever found, are considered listed as endangered for the
purposes of the Act.
(b) ``Common name'' column: Although common names are included,
they cannot be relied upon for identification of any specimen, since
they may vary greatly in local usage. In cases where confusion might
arise, one or more synonyms are provided in parentheses within the
``Common name'' column. If a species has been listed under the
Evolutionary Significant Unit (ESU) policy or the Distinct Population
Segment (DPS) policy (http://www.fws.gov/endangered/policy), the ESU or
DPS names will be provided in brackets ``[ ]'' following the common
name.
(c) ``Scientific name'' column: The Services use the most recently
accepted scientific name. In cases where confusion might arise, one or
more synonyms are provided in parentheses within the ``Scientific
name'' column. The Services will rely to the extent practicable on the
Integrated Taxonomic Information System (ITIS) to determine a species'
scientific name. ITIS incorporates the naming principles established by
the International Code of Zoological Nomenclature. For details, see
paragraph (g) of this section. If the scientific name in ITIS differs
from the scientific name adopted for use under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), the CITES nomenclature will be provided in brackets ``[ ]''
within the ``Scientific name'' column following the ITIS nomenclature.
(d) ``Status'' column: Within the ``Status'' column, the following
abbreviations are used:

------------------------------------------------------------------------
Regulatory Status the
Abbreviation Abbreviation Represents
------------------------------------------------------------------------
E Endangered
------------------------------------------------------------------------
T Threatened
------------------------------------------------------------------------
E (S/A) Endangered based on
similarity of appearance to
an existing endangered
species
------------------------------------------------------------------------
T (S/A) Threatened based on
similarity of appearance to
an existing threatened
species
------------------------------------------------------------------------
XE Essential experimental
population
------------------------------------------------------------------------
XN Nonessential experimental
population
------------------------------------------------------------------------

(e) ``Where listed'' column: The ``Where listed'' column sets forth
the geographic area where the species is listed for purposes of the
Act. This column incorporates the ``Vertebrate population where
endangered or threatened'' column used in the tables in pre-2008
publications of this list. The term ``Entire'' is defined as ``Wherever
found.''
(f) The ``Historic range,'' ``Citations,'' ``Special rules,'' and
``Critical habitat'' columns are for informational purposes only.
(1) ``Historic range'' column: The ``Historic range'' column
indicates the known general distribution of the species or subspecies
as reported in the current scientific literature. The present
distribution may be greatly reduced from this historic range. The
``Historic range'' column is nonregulatory and does not imply any
application, or limitation of application, of the prohibitions of the
Act or implementing regulations. Such prohibitions apply to all
individuals of the listed species, as defined by the regulatory
columns.
(2) ``Citations'' column: The ``Citations'' column contains the
volume, document starting page number, and publication date of the
Federal Register publication(s) in which a species was listed or
reclassified, a rule was promulgated under section 4(d) of the Act, or
an experimental population was established under section 10(j) of the
Act. At least since 1973, these documents have included a statement
indicating the basis for the listing, as well as the effective date(s)
of the listing or other rules that changed how the species was
identified in the list in paragraph (h) of this section. The
``Citations'' column replaces the ``When listed'' column and its
footnotes used in the tables in pre-2008 publications of this list.
(3) ``Special rules'' and ``Critical habitat'' columns: The
``Special rules'' and ``Critical habitat'' columns provide cross-
references to other sections in part 17 or parts 222, 223, or 226 of
chapter II of this title where critical habitat and special rules are
found. The ``Special rules'' column also describes experimental
populations and indicates whether they are essential or nonessential.
Experimental populations are a separate listing, with one of the
following symbols in the ``Status'' column: ``XE'' for an essential
experimental population and ``XN'' for a nonessential experimental
population. The term ``NA'' (not applicable) appearing in the ``Special
rules'' or ``Critical habitat'' column indicates that there are no
special rules or critical habitat for that particular species. However,
all other appropriate rules in part 17, parts 217-226 of chapter II,
and part 402 of chapter IV of this title still apply to that species.
In addition, other rules in this title could relate to such species
(for example, port-of-entry requirements). We make no claim that the
``Special rules'' column includes references to all the regulations of
the Services that might apply to the species, or that it includes
applicable regulations of other Federal agencies or State or local
governments.
(g) The Services will rely to the extent practicable on ITIS and
standard references adopted for CITES. ITIS is an authoritative
taxonomic database (http://www.itis.gov) maintained by a partnership of
U.S., Canadian, and Mexican agencies; other organizations; and
taxonomic specialists. CITES is an international agreement among member
countries to ensure that international trade in specimens of wild
animals and plants does not threaten their survival (see also 50 CFR
part 23).
(h) The ``List of Endangered and Threatened Wildlife'' is provided
below:

[[Page 45389]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Status Where listed Historic range Citations Special rules Critical
Common name [ESU or DPS] Scientific name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
3. Amend Sec. 17.12 by revising paragraphs (a) through (g), and the
introductory text and the column headings in the List of Endangered and
Threatened Plants in paragraph (h), to read as follows:

Sec. 17.12 Endangered and threatened plants.

(a) The list in paragraph (h) of this section contains the names of
all plant species determined by the Services to be endangered or
threatened. It also contains the names of plant species treated as
endangered or threatened because they are similar in appearance to and
may be confused with endangered or threatened species (see Sec. 17.50
et seq.). The ``Common name,'' ``Scientific name,'' and ``Status''
columns provide regulatory information; together, they define the plant
species within the meaning of the Act. The listing of a particular
taxon includes all lower taxonomic units (see Sec. 17.11(a) for an
example).
(b) ``Scientific name'' column: The Services use the most recently
accepted scientific name. In cases where confusion might arise, one or
more synonyms are provided in parentheses within the ``Scientific
name'' column. The Services will rely to the extent practicable on the
Integrated Taxonomic Information System (ITIS) to determine a species'
scientific name. ITIS incorporates the naming principles established by
the International Code of Botanical Nomenclature. For details, see
paragraph (g) of this section. If the scientific name in ITIS differs
from the scientific name adopted for use under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), the CITES nomenclature will be provided in brackets ``[ ]''
within the ``Scientific name'' column following the ITIS nomenclature.
(c) ``Common name'' column: Although common names are included,
they cannot be relied upon for identification of any specimen, since
they may vary greatly in local usage. In cases where confusion might
arise, one or more synonyms are provided in parentheses within the
``Common name'' column.
(d) ``Status'' column: Within the ``Status'' column, the following
abbreviations are used:

(e) ``Where listed'' column: The ``Where listed'' column sets forth
the geographic area where the species is listed for purposes of the
Act. The term ``Entire'' is defined as ``Wherever found.''
(f) The ``Historic range'', ``Citations'', ``Special rules'', and
``Critical habitat'' columns are for informational purposes only.
(1) ``Historic range'' column: The ``Historic range'' column
indicates the known general distribution of the species or subspecies
as reported in the current scientific literature. The present
distribution may be greatly reduced from this historic range. The
``Historic range'' column is nonregulatory and does not imply any
application, or limitation of application, of the prohibitions in the
Act or implementing regulations. Such prohibitions apply to all
individuals of the listed species, wherever found.
(2) ``Citations'' column: The ``Citations'' column contains the
volume, document starting page number, and publication date of the
Federal Register publication(s) in which a species was listed or
reclassified, a rule was promulgated under section 4(d) of the Act, or
an experimental population was established under section 10(j) of the
Act. At least since 1973, these documents have included a statement
indicating the basis for the listing, as well as the effective date(s)
of the listing or other rules that changed how the species was
identified in the list in paragraph (h) of this section. The
``Citations'' column replaces the ``When listed'' column and its
footnotes used in the tables in pre-2008 publications of this list.
(3) ``Special rules'' and ``Critical habitat'' columns: The
``Special rules'' and ``Critical habitat'' columns provide cross-
references to other sections in part 17 or parts 222, 223, or 226 of
chapter II of this title where critical habitat and special rules are
found. The ``Special rules'' column also describes experimental
populations and indicates whether they are essential or nonessential.
Experimental populations are a separate listing, with one of the
following symbols in the ``Status'' column: ``XE'' for an essential
experimental population and ``XN'' for a nonessential experimental
population. The term ``NA'' (not applicable) appearing in the ``Special
rules'' or ``Critical habitat'' column indicates that there are no
special rules or critical habitat for that particular species. However,
all other appropriate rules in parts 17, parts 217-226 of chapter II,
and part 402 of chapter IV of this title still apply to that species.
In addition, there may be other rules in this title that relate to such
species (for example, port-of-entry requirements). We make no claim
that the ``Special rules'' column includes references to all the
regulations of the two Services that might apply to the species, or
that it includes applicable regulations of other Federal agencies or
State or local governments.
(g) The Services will rely to the extent practicable on ITIS and
standard references adopted for CITES. ITIS is an authoritative
taxonomic database (http://www.itis.gov) maintained by a partnership of
U.S., Canadian, and Mexican agencies; other organizations; and
taxonomic specialists. CITES is an international agreement among member
countries to ensure that international trade in specimens of wild
animals and plants does not threaten their survival (see also 50 CFR
part 23).
(h) The ``List of Endangered and Threatened Plants'' is provided
below:

[[Page 45390]]

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Species
------------------------------------------------ Status Where listed Historic range Citations Special rules Critical
Scientific name Common name habitat
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...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Dated: July 16, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-17533 Filed 8-4-08; 8:45 am]

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