[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Proposed Rules]
[Page 1567-1568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja10-23]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R4-ES-2009-0029]
[92210-1111-0000 B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List the Eastern Population of the Gopher Tortoise as
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding; reopening of the information
solicitation period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), provide
clarification of our request for information related to our September
9, 2009, 90-day finding on a petition to list the eastern population of
the gopher tortoise (Gopherus polyphemus) as threatened under the
Endangered Species Act of 1973, as amended (Act), and initiation of
status review. This notice is intended to clarify that all interested
parties may continue to submit information and materials on the status
of the gopher tortoise throughout its range during the period of the
status review. Information previously submitted need not be resubmitted
as it has already been incorporated into the public record and will be
fully considered in the 12-month finding.
DATES: To allow us adequate time to consider and incorporate submitted
information into our review, we request that we receive information on
or before March 15, 2010. After this date, the Federal eRulemaking
Portal will not accept further information. Although we
[[Page 1568]]
will accept information submitted after that date, that information
should be submitted directly to the Field Office (see FOR FURTHER
INFORMATION CONTACT). Please note that while we will make every effort
to address or incorporate information in our status review that we
receive after March 15, 2010, in order for us to make a timely finding
we request submittal of information and comments as soon as possible.
ADDRESSES: You may submit information 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-R4-ES-2009-0029; 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 information we receive on http://
www.regulations.gov. This generally means that we will post any
personal information you provide us If your hardcopy submission
includes personal identifying information, you may request at the top
of your document that we withhold this personal identifying information
from public review. However, we cannot guarantee that we will be able
to do so.
Information and materials we receive, as well as supporting
documentation we used in preparing this finding, will be available for
public inspection on http://www.regulations.gov, or by appointment
during normal business hours, at the Jacksonville Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT section).
FOR FURTHER INFORMATION CONTACT: Micheal Jennings, U.S. Fish and
Wildlife Service, Attn: Gopher Tortoise Review, 7915 Baymeadows Way,
Suite 200, Jacksonville, Florida 32256; by telephone (904 731-3336); by
facsimile (904 731-3045); or by e-mail: northflorida@fws.gov. Persons
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
We, the U.S. Fish and Wildlife Service, published a 90-day finding
on a petition to list the eastern population of the gopher tortoise
(Gopherus polyphemus) as threatened in the Federal Register on
September 9, 2009 (74 FR 46401). In that finding, we found that the
petition presented substantial scientific or commercial information
indicating that listing the eastern population of the gopher tortoise
may be warranted. We also initiated a status review to determine if
listing the species is warranted, and asked the public to submit
information to assist us in our status review. We asked the public to
submit information by November 9, 2009, in order for us sufficient time
to consider the information in the status review.
Since that time, several interested parties have notified us that
they wish to submit additional information relevant to the listing of
the eastern population of the gopher tortoise. They have indicated that
the information could not be submitted before November 9, 2009, but
could be submitted prior to the anticipated completion of the status
review in 2010. We have advised these parties individually that we
would continue to accept such information after November 9, 2009.
However, to ensure that all interested parties have the same
opportunity to provide relevant data, this notice clarifies that
information to assist us in our review of the status of the gopher
tortoise may be submitted to the Federal eRulemaking Portal through the
date specified in DATES, and directly to the Field Office thereafter
(see DATES and ADDRESSES above). This notice also corrects errors in
contact information in the September 9, 2009, notice.
We are continuing to request information on the status of the
gopher tortoise throughout its range. We request information from the
public, other concerned governmental agencies, Native American Tribes,
the scientific community, industry, or any other interested parties
concerning the status of the eastern portion of the gopher tortoise's
range. We are seeking information regarding:
(1) The species' historical and current status and distribution,
its biology and ecology, and ongoing conservation measures for the
species and its habitat;
(2) Information relevant to the factors that are the basis for
making a listing determination for a species under section 4(a) of the
Act, which are:
a) The present or threatened destruction, modification, or
curtailment of the species' 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 and threats to the species or its habitat; and
(3) Information related to the genetics, status, distribution, and
threats to the gopher tortoise in the eastern portion of its range.
Please note that submissions merely stating support for 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 (16 U.S.C.
1531 et seq.) 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.'' Based on our
status review, we will issue a 12-month finding on the petition as
provided in section 4(b)(3)(B) of the Act.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: December 28, 2009.
Robyn Thorson,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-311 Filed 1-11-10; 8:45 am]
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