12-Month Finding on a Petition to List Five Penguin Species Under the Endangered Species Act, and Proposed Rule To List the Five Penguin Species

We, the U.S. Fish and Wildlife Service (Service), propose to list the yellow-eyed penguin (Megadyptes antipodes), white-flippered penguin (Eudyptula minor albosignata), Fiordland crested penguin (Eudyptes pachyrhynchus), Humboldt penguin (Spheniscus humboldti), and erect-crested penguin (Eudyptes sclateri) as threatened species under the Endangered Species Act of 1973, as amended (Act). This proposal, if made final, would extend the Act's protection to these species. This proposal also constitutes our 12-month finding on the petition to list these five species. The Service seeks data and comments from the public on this proposed rule.