[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Proposed Rules]
[Page 20547-20548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap10-16]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2010-0013]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife and Plants; Initiation of
Status Review for Sacramento splittail (Pogonichthys macrolepidotus)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Initiation of status review and solicitation of new
information.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the
authority of the Endangered Species Act of 1973, as amended (Act),
announce the initiation of a status review for the Sacramento splittail
(Pogonichthy macrolepidotus). To ensure that the status review is
comprehensive, we are soliciting scientific and commercial data and
other information regarding this species. Based on the status review,
we will issue a 12-month finding, which will address whether the
listing may be warranted, as provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before May 20, 2010. After this date,
you must submit information directly to the Field Office (see FOR
FURTHER INFORMATION CONTACT section below). Please note that we may not
be able to address or incorporate information that we receive after the
above requested date.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for Docket No. FWS-R8-ES-2010-0013 and then follow the
instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2010-0013; 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 received 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 details).
FOR FURTHER INFORMATION CONTACT: Dan Castleberry, Field Supervisor, San
Francisco Bay-Delta Fish and Wildlife Office, 650 Capitol Mall, fifth
Floor, Sacramento, CA 95814; by telephone at 916-930-5632; or by
facsimile at 916-930-5654. Persons who use a telecommunications device
for the deaf (TDD), call the Federal Information Relay Service (FIRS)
at 800-877-8339
SUPPLEMENTARY INFORMATION:
Information Solicited:
To ensure the status review is complete and based on the best
available scientific and commercial information, we request information
on the Sacramento splittail. We request any additional information from
governmental agencies, Native American Tribes, the scientific
community, industry, and any other interested parties. We seek
information on:
(1)The species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species and/or
its habitat.
(2) The factors that are the basis for making a listing determination
for a
[[Page 20548]]
species under section 4(a) of the Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.), 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.
(3) The potential effects global climate change may have on the
Sacramento splittail or its habitat.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include.
If, after the status review, we determine that listing the
Sacramento splittail is warranted, we will propose critical habitat
(see definition in section 3(5)(A) of the Act), as per section 4 of the
Act, to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, we also request specific
comments and information as to what, if any, critical habitat you think
should be proposed for designation if the species is proposed for
listing, and why such habitat meets the requirements of the Act.
Specifically, for areas within the geographical range currently
occupied by the species, we request data on:
(1) The amount and distribution of Sacramento splittail habitat;
(2) The physical and biological features of Sacramento splittail
habitat that are essential to the conservation of the species;
(3) Special management considerations or protections that the features
essential to the conservation of Sacramento splittail my require,
including managing for the potential effects of climate change;
(4) Any areas that are essential to the conservation of Sacramento
splittail and why;
(5) Land use designations and current or planned activities in
Sacramento splittail habitats and their possible impacts on proposed
critical habitat;
(6) Conservation programs and plans that protect Sacramento splittail
and its habitat; and,
(7) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
In addition, we request data and information on ``specific areas
outside the geographical area occupied by the species.''
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. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning this status review by
one of the methods 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
website. If you submit 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://www.regulations.gov.
Information and supporting documentation that we received and 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 U.S. Fish and Wildlife Service, Bay Delta Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Previous Federal Actions
On September 22, 2003, the Service published a Notice of Remanded
Determination of Status for the Sacramento splittail in the Federal
Register (68 FR 55140) that removed the Sacramento splittail from the
endangered species list. Please refer to the September 22, 2003 Federal
Register notice (68 FR 55140) for previous Federal actions taken on
Sacramento splittail prior to September 22, 2003.
On August 13, 2009 the Center for Biological Diversity (CBD) filed
a complaint in U.S. District Court for the Northern District of
California, challenging the Service on the merits of the 2003
determination and alleging improper political influence of the former
Department of Interior, Deputy Assistant Secretary for Fish Wildlife
and Parks, Julie MacDonald. In a settlement dated February 1, 2010
(Case4:09-cv-03711-PJH), the Service agreed to open a 30-day public
comment period to allow for the submission of additional information by
the public. The Service also agreed to submit to the Federal Register a
new status review and 12-month finding as to whether listing the
Sacramento splittail is warranted or not warranted. If warranted, the
Service further agreed to publish, concurrently with the 12-month
finding, a proposed rule to list the Sacramento splittail and a final
determination on or before September 29, 2011. This notice constitutes
notification of the opening of the 30-day public comment period.
You may obtain copies of the 2003 remanded determination, and other
previous Federal actions relating to the Sacramento splittail by mail
from the San Francisco Bay-Delta Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT section), or on the Internet at http://
www.fws.gov/sfbaydelta/, or by visiting the Federal eRulemaking Portal
at http://www.regulations.gov.
Author
The primary authors of this notice are the staff members of the
Bay-Delta Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 8, 2010.
Rowan Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-8962 Filed 4-19-10; 8:45 am]
BILLING CODE 4310-55-S