[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Proposed Rules]               
[Page 45935-45936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R3-ES-2008-0030; 1111 FY07 MO-B2]

Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the U.S. Population of Coaster Brook Trout 
(Salvelinus fontinalis) as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correction and reopening of comment period for 90-day petition 


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), correct and 
reopen the comment period for the March 20, 2008, 90-day finding on a 
petition to list the U.S. population of coaster brook trout.

DATES: We will consider information received or postmarked on or before 
September 8, 2008.

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-R3-ES-2008-0030]; 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 information 
received at 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 details).

FOR FURTHER INFORMATION CONTACT: Ms. Jessica Hogrefe, East Lansing 
Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge Road--Suite 
101, East Lansing, MI 48823-6316; telephone 517-351-5467; facsimile 
517-351-1443. If you use a telecommunications device for the deaf 
(TDD), call the Federal Information Relay Service (FIRS) at (800) 877-

SUPPLEMENTARY INFORMATION: On March 20, 2008, the Service published in 
the Federal Register a notice of 90-day petition finding and initiation 
of status review concerning the petition to list as endangered a 
population of brook trout (Salvelinus fontinalis) known as coaster 
brook trout throughout its known historical range in the conterminous 
United States (73 FR 14950). In the DATES section of that document, we 
solicited requests for public hearings and established a date by which 
we would receive such requests.
    This part of the notice was printed in error and we will not hold 
public hearings for this 90-day finding. Section 4(b)(5) of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 
states, ``With respect to any regulation proposed by the Secretary to 
implement a determination, designation, or revision referred to in 
subsection (a)(1) or (3) [proposed or final rule to list a species as 
endangered or threatened, or proposed or final rule to designate any 
habitat of such species to be critical habitat], the Secretary shall * 
* * promptly hold one public hearing on the proposed regulation if any 
person files a request for such a hearing within 45 days after the date 
of publication of general notice.'' Notices of 90-day findings on 
petitions to list species are not proposed regulations. The Service 
does not generally hold public hearings for nonrulemaking findings, and 
will not hold any public hearings regarding the coaster brook trout 90-
day finding. For a 90-day finding, we request information from the 
public that improves our understanding of the status of the species. 
This information typically includes agency reports and other 
collections of empirical data that is best gathered in the form of 
written comments. If, in the future, we publish a proposed rule for 
this species (e.g., a proposed listing), we will allow the public an 
opportunity to request a public hearing at that time.

Information Solicited

    We are, however, providing a new comment period with respect to the 
90-day finding to afford the public an additional opportunity to 
provide us information for our status review or submit any remarks that 
would otherwise have been presented at a public hearing. We have also 
contacted directly the persons who requested a hearing to advise them 
of this additional opportunity to submit information.
    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, because 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 shall 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.
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. We will not 
consider submissions sent by e-mail or fax or to an address not listed 
in the ADDRESSES section.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
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 personal identifying 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post all hardcopy submissions on http://
    Information and materials we receive 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, East 

[[Page 45936]]

    Authority: This action is authorized by the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: July 31, 2008.
 H. Dale Hall,
Director, Fish and Wildlife Service.
[FR Doc. E8-18206 Filed 8-6-08; 8:45 am]