[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Proposed Rules]
[Page 39268-39269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au09-23]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2009-0043] [ MO 9221050083]
Endangered and Threatened Wildlife and Plants; Initiation of
Status Review for Mountain Whitefish (Prosopium williamsoni) in the Big
Lost River, Idaho
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; initiation of status review and solicitation of new
information.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
initiation of a status review for mountain whitefish (Prosopium
williamsoni) in the Big Lost River, Idaho. The status review will help
us determine whether this population warrants listing as threatened or
endangered under the Endangered Species Act of 1973, as amended (Act).
At the conclusion of the review, we will issue a 12-month finding on
our determination as to whether listing is warranted. If listing is
warranted, we will also determine whether or not to propose critical
habitat for mountain whitefish in the Big Lost River.
DATES: To allow us adequate time to conduct this review, we request
that you send us information on or before September 8, 2009.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for Docket FWS-R1-ES-2009-0043 and then follow the instructions
for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket FWS-R1-ES-2009-0043; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
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 Information Solicited section below for more information).
FOR FURTHER INFORMATION CONTACT: Jeffery L. Foss, State Supervisor,
U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 S.
Vinnell Way, Room 368, Boise, ID 83709; 208-378-5243; facsimile at 208-
378-5262. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2006, we received a petition from the Western
Watersheds Project requesting we list the population of mountain
whitefish in the Big Lost River, Idaho, as a species, subspecies, or
distinct population segment (DPS). The petitioner also requested that
we designate critical habitat. On October 23, 2007, we published our
90-day finding (72 FR 59983), which found the petition failed to
provide substantial information indicating that listing mountain
whitefish in the Big Lost River may be warranted. This finding was
based on a lack of information demonstrating the Big Lost River
mountain whitefish may be a listable entity under the Act. For more
information on the biology, habitat, and range of the mountain
whitefish in the Big Lost River, please refer to our 90-day finding (72
FR 59983) published in the Federal Register on October 23, 2007.
On January 25, 2008, the Western Watersheds Project filed a
complaint challenging our negative 90-day finding. On March 31, 2009,
United States District Court (Western Watershed Project vs. Dirk
Kempthorne, et al., (Case No. CV07-409-S-EJL)) found the Service had
considered information beyond the material in the petition such that
the Service had effectively begun to conduct a status review. The Court
directed the Service to proceed directly to a status review of the
species and issue a 12-month finding by March 31, 2010.
Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), requires a
12-month finding to announce whether the petitioned actions is: (a) Not
warranted, (b) warranted, or (c) warranted, but immediate proposal of a
regulation implementing the petitioned action is precluded by other
pending proposals to determine whether species are endangered or
threatened, and expeditious progress is being made to add or remove
qualified species from the Lists of Endangered and Threatened Wildlife
and Plants. Section 4(b)(3)(C) of the Act requires that we treat a
petition for which the requested action is found to be warranted but
precluded as though resubmitted on the date of such finding, that is,
requiring a subsequent finding to be made within 12 months. We must
publish these 12-month findings in the Federal Register.
To help inform our status review, we are soliciting new information
on the status of, and potential threats to, mountain whitefish, in
particular the population in the Big Lost River. We will base our
determination as to whether listing is warranted on a review of the
best scientific and commercial data available, including all such
information received as a result of this notice.
Information Solicited
To ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting
information concerning the status of the mountain whitefish. We will
use the information gained during this process to evaluate, as
appropriate, whether:
The population of mountain whitefish in the Big Lost River
is a species, subspecies, or a DPS (as described in our Policy
Regarding the Recognition of Distinct Vertebrate Population Segments
under the Endangered Species Act (DPS Policy; 61 FR 4722; February 7,
1996)), and
Listing of that entity as threatened or endangered is
warranted under the Endangered Species Act of 1973, as amended (Act; 16
U.S.C. 1531 et seq.).
We request information from other concerned governmental agencies,
Native American Tribes, the scientific community, industry, and any
other interested parties on the status of mountain whitefish throughout
its range. We are seeking information regarding:
(1) The historical and current status and distribution of the
mountain whitefish, its population trend, taxonomy, genetics, biology,
ecology, and habitat selection.
(2) Ongoing conservation measures for the species and its habitat.
[[Page 39269]]
(3) Whether the population of mountain whitefish in the Big Lost
River is a separate species or subspecies.
(4) Whether the population of mountain whitefish in the Big Lost
River is discrete, as defined in the DPS policy, including, but not
limited to, information indicating that the mountain whitefish
population in the Big Lost River is markedly separated from other
populations of mountain whitefish due to physical, physiological,
ecological, or behavioral factors.
(5) Whether the population of mountain whitefish in the Big Lost
River is significant to the remainder of the taxon to which it belongs
(i.e., to the remainder of the species of mountain whitefish throughout
its range), as defined in the DPS Policy, including, but not limited
to:
(a) Information indicating the ecological setting, including such
factors as temperature, moisture, weather patterns, etc., in which the
Big Lost River population of mountain whitefish persists, is unusual or
unique for the taxon;
(b) Information indicating that the loss of the population of
mountain whitefish in the Big Lost River would or would not result in a
significant gap in the range of the taxon; or
(c) Information indicating that the Big Lost River population of
mountain whitefish differs markedly in its genetic characteristics from
other populations of mountain whitefish in the United States.
(6) If the population of mountain whitefish in the Big Lost River
is not a species or subspecies, whether that population constitutes a
significant portion of the range of the species or subspecies to which
it belongs.
(7) The effects of potential threat factors that are the basis for
making a listing determination under section 4(a) of the Act, which
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
If we determine that listing the population of mountain whitefish
in the Big Lost River is warranted, it is our intent to propose
critical habitat to the maximum extent prudent and determinable at the
time we propose to list the species. Therefore, with regard to areas
within the geographical range currently occupied by the species, we
also request data and information on what may constitute physical or
biological features essential to the conservation of the species, where
these features are currently found, and whether any of these features
may require special management considerations or protection. In
addition, we request data and information regarding whether there are
areas outside the geographical area occupied by the species that are
essential to the conservation of the species. Please provide specific
comments and information as to what, if any, critical habitat you think
we should propose for designation if mountain whitefish in the Big Lost
River are proposed for listing, and why such habitat meets the
requirements of the Act.
Please note that submissions merely stating support or opposition
to the action under consideration without providing supporting
information, although noted, will not be considered in making a
determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is a threatened or endangered
species must be made ``solely on the basis of the best scientific and
commercial data available.'' At the conclusion of the status review, we
will determine whether listing is warranted, not warranted, or
warranted but precluded by other pending proposals.
You may submit your information by one of the methods listed in the
ADDRESSES section. If you submit information via http://
www.regulations.gov, your entire submission--including your personal
identifying information--will be posted on the website. 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 we will be able to do so. We will post all hardcopy
submissions on http://www.regulations.gov. Please include sufficient
information with your comments to allow us to verify any scientific or
commercial information you include.
Information and materials we receive, as well as supporting
documentation used, 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, Idaho Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff members of the
Idaho Fish and Wildlife Office.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 24, 2009
James J. Slack,
Acting Deputy Director, Fish and Wildlife Service.
[FR Doc. E9-18802 Filed 8-5-09; 8:45 am]
BILLING CODE 4310-55-S