Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 1741 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 117.213 to read as follows: 

§ 117.213 New Haven Harbor, Quinnipiac 

and Mill Rivers. 

The draws of the Tomlinson Bridge, 

mile 0.0, the Ferry Street Bridge, mile 

0.7, and the Grand Avenue Bridge, mile 

1.3, across the Quinnipiac River, and 

the Chapel Street Bridge, mile 0.4, 

across the Mill River, shall operate as 

follows: 

(a) The draw of the Tomlinson Bridge 

at mile 0.0, across the Quinnipiac River 

shall open on signal; except that, from 

7:30 a.m. to 8:30 a.m., noon to 12:15 

p.m., 12:45 p.m. to 1 p.m., and 4:45 p.m. 

to 5:45 p.m., Monday through Friday, 

except Federal holidays, the draw need 

not open for the passage of vessel traffic. 

(b) The draw of the Ferry Street 

Bridge at mile 0.7, across Quinnipiac 

River, shall open on signal; except that, 

from 7:30 a.m. to 8:30 a.m. and 4:45 

p.m. to 5:45 p.m., Monday through 

Friday, except Federal holidays, the 

draws need not open for the passage of 

vessel traffic. From 9 p.m. to 5 a.m. the 

draw shall open on signal if at least a 

one-hour advance notice is given by 

calling the number posted at the bridge. 

(c) The draw of the Grand Avenue 

Bridge at mile 1.3, across the 

Quinnipiac River shall open on signal; 

except that, from 7:30 a.m. to 8:30 a.m. 

and 4:45 p.m. to 5:45 p.m., Monday 

through Friday, except Federal holidays, 

the draw need not open for the passage 

of vessel traffic. From 9 p.m. to 5 a.m. 

the draw shall open on signal if at least 

a one-hour advance notice is given by 

calling the number posted at the bridge. 

(d) The draw of the Chapel Street 

Bridge at mile 0.4, across the Mill River 

shall open on signal; except that, from 

7:30 a.m. to 8:30 a.m. and 4:45 p.m. to 

5:45 p.m., Monday through Friday, 

except Federal holidays, the draw need 

not open for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw shall 

open on signal after at least a one-hour 

advance notice is given by calling the 

number posted at the bridge. 

Dated: December 28, 2009. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–435 Filed 1–12–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R2-ES-2009-0091; 

BFY2009-92210-1117-0000-B2] 

Endangered and Threatened Wildlife 

and Plants; Determination That 

Designation of Critical Habitat is 

Prudent for the Jaguar 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of determination. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), under the 

Endangered Species Act of 1973, as 

amended (Act), have reconsidered our 

prudency determination concerning the 

designation of critical habitat for the 

jaguar (Panthera onca) and now find 

that designation of critical habitat is 

prudent. We are preparing a proposed 

designation of critical habitat for the 

jaguar in accordance with the Act this 

fiscal year and anticipate we will 

publish a proposed designation in 

January 2011. 

DATES: To be considered in the 

proposed critical habitat designation, 

comments and information should be 

submitted to us by March 15, 2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Keyword 

box, enter Docket No. [FWS-R2-ES2009-0091], which is the docket number 

for this rulemaking. Then, in the Search 

panel on the left side of the screen, 

under the Document Type heading, 

click on the Proposed Rules link to 

locate this document. You may submit 

a comment by clicking on ‘‘Send a 

Comment or Submission.’’ 

•By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS-R2-ES-2009- 

0091; 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 Public 

Comment Procedures and Public 

Availability of Comments under 

SUPPLEMENTARY INFORMATION for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Steve Spangle, Field Supervisor, 

Arizona Ecological Services Office, 2321 

West Royal Palm Road, Suite 103, 

Phoenix, AZ 85021-4951; telephone 

(602) 242-0210; facsimile (602) 242- 

2513. If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The jaguar, a large member of the cat 

family (Felidae), is an endangered 

species that currently occurs from 

southern Arizona and New Mexico to 

southern South America. Jaguars in the 

United States are part of a population, 

or populations, that occur in Mexico. 

Below we present a summary of relevant 

information we used in making our 

determination that designating critical 

habitat in the United States for the 

jaguar is prudent. For more information 

regarding all aspects of the jaguar, refer 

to documents posted on our jaguar 

webpage (http://www.fws.gov/ 

southwest/es/arizona/Jaguar.htm), and 

Jaguar Conservation Team documents 

and notes (www.azgfd.gov/w_c/es/ 


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jaguar_management.shtml), and the 

literature cited there. 

Jaguars in the United States 

historically occurred in California, 

Arizona, New Mexico, Texas, and 

possibly Louisiana (62 FR 39147; July 

22, 1997). The last confirmed jaguar 

sightings in California, Texas, and 

Louisiana were in the late 1800s or early 

1900s. While jaguars have been 

documented as far north as the Grand 

Canyon, sightings in the United States 

from 1996 to the present have occurred 

mainly within approximately 40 miles 

(mi) (64.4 kilometers (km)) of the 

international boundary of the United 

States and Mexico. Based on 

documented sightings in the late 20th 

century, occurrences in the United 

States at the time of the July 22, 1997, 

listing (62 FR 39147) were limited to 

southeastern Arizona and southwestern 

New Mexico. 

Recently (1996 through 2009), four or 

possibly five jaguars have been 

documented in the United States 

(McCain and Childs 2008, p. 5; Service 

files). Of those, two jaguars were 

photographed in the United States in 

1996: one on March 7 in the Peloncillo 

Mountains, located along the Arizona— 

New Mexico border (Glenn 1996; Brown 

and Lopez Gonzalez 2001, p. 6), and 

another on August 31 in the Baboquivari 

Mountains in southern Arizona (Childs 

1998, p. 7; Brown and Lopez Gonzalez 

2001, p. 6). In February 2006, a third 

jaguar was observed and photographed 

in Hidalgo County, New Mexico. Using 

camera traps, jaguars were 

photographed in the United States near 

the Arizona—Mexico border beginning 

in 2001, and as recently as February 

2009. This survey effort resulted in the 

detection of the male jaguar originally 

observed in the Baboquivari Mountains 

in 1996 referred to above; and possibly 

a fifth jaguar that was unidentified and 

not determined as to sex. No females or 

kittens were detected as a result of this 

monitoring effort. Monitoring of jaguars 

with the use of camera traps in the 

United States has been geographically 

limited in scope (from the crest of the 

Baboquivari Mountains east to the San 

Rafael Valley and approximately 50 mi 

(80 km) north of the international 

boundary) (McCain and Childs 2008, p. 

5). Therefore, we cannot make 

conclusions regarding the presence of 

other jaguars, including females and 

kittens, outside the scope of this 

monitoring effort. 

We are not aware of any 

comprehensive rangewide population 

estimates for jaguars; however, Cha ́vez 

and Ceballos (2006, p. 10) report the 

jaguar population in Mexico is 

estimated at less than 5,000, and 

Rabinowitz (as cited by Nowell and 

Jackson 1996, p. 121) estimated Belize’s 

jaguar population at between 600 and 

1,000 individuals. Experts reported 

5,680 observations of jaguars (some of 

these are likely observations of the same 

animal) at 535 separate locations 

throughout the entire range during the 

last 10 years (Sanderson et al. 2002, p. 

62). There are estimates of jaguar 

densities ranging from 1.7 to 4 adults 

per 38.6 square mi (100 square km) in 

Brazil, Peru, Colombia, and Mexico, 

with the highest density found in Belize 

(6-8 per 100 square km) (International 

Union for the Conservation of Nature 

(IUCN) 2008, p. 5). 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as—(i) The specific areas 

within the geographical area occupied 

by a species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features (I) essential to the conservation 

of the species and (II) which may 

require special management 

considerations or protection; and, (ii) 

specific areas outside the geographical 

area occupied by a species at the time 

it was listed, upon a determination that 

such areas are essential for the 

conservation of the species. 

‘‘Conservation’’ means the use of all 

methods and procedures needed to 

bring the species to the point at which 

listing under the Act is no longer 

necessary. 

Section 4(a)(3) of the Act, as 

amended, and its implementing 

regulations at 50 CFR 424.12, require 

that, to the maximum extent prudent 

and determinable, the Secretary 

designate critical habitat at the time a 

species is determined to be endangered 

or threatened. According to our 

regulations in the Code of Federal 

Regulations (CFR) at (50 CFR 

424.12(a)(1)) designation of critical 

habitat is not prudent when one or both 

of the following situations exist—(1) 

The species is threatened by taking or 

other human activity, and identification 

of critical habitat can be expected to 

increase the degree of threat to the 

species, or (2) such designation of 

critical habitat would not be beneficial 

to the species. 

Previous Federal Actions 

In 1972, the jaguar was listed as 

endangered (37 FR 6476; March 30, 

1972) in accordance with the 

Endangered Species Conservation Act of 

1969, a precursor to the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.). Under the 

Endangered Species Conservation Act, 

the Service maintained separate listings 

for foreign species and species native to 

the United States. At that time, the 

jaguar was believed to be extinct in the 

United States; thus, the jaguar was only 

included on the foreign species list. The 

jaguar’s range was described as 

extending from the international 

boundary of the United States and 

Mexico southward to include Central 

and South America (37 FR 6476). On 

July 22, 1997, we published a final 

listing rule that extended endangered 

status for the jaguar into the United 

States (62 FR 39147). For more 

information on previous Federal actions 

concerning the jaguar, please refer to the 

July 22, 1997, final listing rule (62 FR 

39147). 

The July 22, 1997, listing rule 

included a determination that 

designation of critical habitat for the 

jaguar was not prudent (62 FR 39147). 

At that time we determined that the 

greatest threat to the jaguar in the 

United States was from direct taking of 

individuals through shooting or other 

means. As a consequence, we 

determined that designating critical 

habitat for the jaguar was ‘‘not prudent,’’ 

because ‘‘publication of detailed critical 

habitat maps and descriptions in the 

Federal Register would likely make the 

species more vulnerable to activities 

prohibited under section 9 of the Act,’’ 

and therefore increase the degree of 

threat to the species. 

In response to a complaint by the 

Center for Biological Diversity, we 

agreed to re-evaluate our 1997 prudency 

determination and make a new 

determination as to whether designation 

of critical habitat for the jaguar was 

prudent by July 3, 2006. In that 

subsequent finding (July 12, 2006; 71 FR 

39335), we noted that since the time of 

our July 22, 1997, determination, the 

Jaguar Conservation Team, Arizona 

Game and Fish Department, 

publications, and other sources 

routinely have given specific and 

general locations of jaguars that have 

been sighted and currently are being 

documented in the United States 

through websites, public notifications, 

reports, books, and meeting notes. 

Publishing critical habitat maps and 

descriptions, as part of designating 

critical habitat, would not result in the 

species being more vulnerable in the 

United States than it is currently. We 

then assessed whether designation of 

critical habitat would be beneficial to 

the species. We found that no areas in 

the United States meet the definition of 

critical habitat and, as a result, 

designation of critical habitat for the 

jaguar would not be beneficial to the 

species. As a result, we again 


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determined that designation of critical 

habitat for the jaguar was not prudent 

(71 FR 39335). We did not consider 

designation of lands outside of the 

United States in this analysis, because, 

under the Act’s implementing 

regulations, critical habitat cannot be 

designated in foreign countries (50 CFR 

424.12(h)). 

The Center for Biological Diversity 

again challenged the Service’s decision 

that critical habitat was not prudent for 

the jaguar. On March 30, 2009, the 

United States District Court for the 

District of Arizona (Court) issued an 

opinion in Center for Biological 

Diversity v. Kempthorne, CV 07-372- 

TUC JMR (Lead) and Defenders of 

Wildlife v. Hall, CV08-335 TUC JMR 

(Consolidated) (D. Ariz., Mar. 30, 2009) 

that set aside our previous prudency 

determination and required that we 

issue a new determination as to 

‘‘whether to designate critical habitat,’’ 

i.e., whether such designation is 

prudent, by January 8, 2010. In this 

opinion, the Court noted, among other 

things, that the Service’s regulations at 

50 CFR 424.12(b) require that the 

Service ‘‘shall focus on the principal 

biological constituent elements within 

the defined area that are essential to the 

conservation of the species.’’ Such 

elements include consideration of space 

for individual and population growth, 

and for normal behavior; food, water, 

air, light, minerals, or other nutritional 

or physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

rearing of offspring, germination, or 

seed dispersal; and habitats that are 

protected from disturbance or are 

representative of the historic 

geographical and ecological 

distributions of a species. 

Prudency Determination 

As instructed by the Court, we have 

reevaluated our previous ‘‘not prudent’’ 

finding regarding critical habitat 

designation for the jaguar and the 

information supporting our previous 

findings. We have also evaluated 

information and analysis that has 

become available to us subsequent to 

the July 12, 2006, finding. As discussed 

in the Background section above, 

jaguars have been found in the United 

States in the past and may occur in the 

United States now or in the future. As 

such, there are physical and biological 

features that can be used by jaguars in 

the United States. Thus, in responding 

to the Court’s order, and following a 

review of the best available information, 

including the ongoing conservation 

programs for the jaguar, we now 

determine that the designation of 

critical habitat for the jaguar would be 

beneficial. We also determine that 

designation of critical habitat will not be 

expected to increase the degree of threat 

to the species. As such, we no longer 

find that designation of critical habitat 

for the jaguar is not prudent under our 

regulations, and conversely, therefore 

determine that designation is prudent. 

We discuss below how we intend to 

proceed with developing a proposed 

designation of critical habitat for the 

jaguar. 

How the Service Intends to Proceed 

We intend to begin preparation of 

proposed rulemaking for the jaguar in 

Fiscal Year 2010 and publish a 

proposed critical habitat designation in 

January 2011. Based on the best 

available science, we will take the 

following steps to develop a proposal of 

critical habitat for the jaguar: (1) 

Determine the geographical area 

occupied by the species at the time of 

listing; (2) identify the physical or 

biological features essential to the 

conservation of the species; (3) delineate 

areas within the geographical area 

occupied by the species that contain 

these features, and identify the special 

management considerations or 

protections the features may require; (4) 

delineate any areas outside of the 

geographical area occupied by the 

species at the time of listing that are 

essential for the conservation of the 

species; (5) conduct appropriate 

analyses under section 4(b)(2) of the 

Act; and (6) invite the public to review 

and provide comments on the proposed 

critical habitat rule through a public 

comment period. 

To aid us in completing these steps, 

we will use the best science available, 

including but not limited to Boydston 

and Lo ́pez Gonza ́lez 2005, Brown and 

Lo ́pez Gonza ́lez 2000, Brown and Lo ́pez 

Gonza ́lez 2001, Carrillo et al. 2007, 

Cavalcanti 2008, Ceballos et al. 2006, 

Cha ́vez and Ceballos 2006, Cha ́vez et al. 

2007a, Cha ́vez et al. 2007b, Grigione et 

al. 2007, Grigione et al. 2009, Hatten et 

al. 2002, Hatten et al. 2005, Marieb 

2005, McCain and Childs 2008, 

Medellin et al. 2002, Menke and Hayes 

2003, Monroy-Vichis et al. 2007, 

Navarro Serment et al. 2005, 

Nu ́xntilde;ez et al. 2002, Oropeza 

Herna ́ndez et al. 2009, Robinson 2006, 

Rosas Rosas 2006, Sanderson et al. 

2002, and Sierra Institute 2000. We also 

solicit the public for additional 

information (see Request for Public 

Information section below) and will 

consult experts on the jaguar, including 

experts on the jaguar in the northern 

portion of its range. 

While the proposed designation of 

critical habitat for the jaguar is under 

preparation, the areas occupied by 

jaguars in the United States will 

continue to be subject to conservation 

actions implemented under section 

7(a)(1) of the Act, as well as 

consultation pursuant to section 7(a)(2) 

of the Act for Federal activities that may 

affect jaguars, as determined on the 

basis of the best available scientific 

information at the time of the action. In 

addition, the prohibition of taking 

jaguars under section 9 of the Act (e.g., 

prohibitions against killing, harming, 

harassing, and capturing jaguars) 

continues to apply, which addresses the 

single greatest threat to the species in 

the United States, as discussed in the 

final listing rule. 

We will also continue to use our 

authorities to work with agencies and 

other partners in the United States, 

Mexico, and Central and South America 

to conserve and recover jaguars. We are 

working with the Jaguar Conservation 

Team and other partners to develop and 

implement a framework for the 

conservation of the northern jaguar 

populations, including providing 

recommendations on research needs 

and procedures in the United States, 

continuing education efforts, and 

providing recommendations regarding 

predator control in areas where jaguars 

may occur. We are also working with 

Mexican partners, such as Naturalia and 

La Comisio ́n Nacional de a ́reas 

Protegidas (CONANP) and other 

partners on jaguar conservation in 

Mexico through the Trilateral 

Commission and other processes. The 

Service’s Wildlife Without Borders 

program has funded and will likely 

continue to fund jaguar conservation 

projects throughout the range of the 

jaguar in Latin America. Mexico and 

countries in Central and South America, 

along with their nongovernmental 

partners, are continuing conservation 

efforts, including implementing 

research programs and developing 

conservation plans. Specifically, Federal 

and State agencies in Mexico are 

developing jaguar conservation plans; 

we intend to coordinate with Mexico in 

their development to maintain travel 

corridors for jaguars into the United 

States. 

Request for Public Information 

We intend that any designation of 

critical habitat for the jaguar be as 

accurate as possible. Therefore, we will 

continue to accept additional 

information and comments from all 

concerned governmental agencies, the 

scientific community, industry, or any 

other interested party concerning this 

finding. We are particularly interested 

in information concerning: 


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1744 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 

(1) The amount and distribution of 

jaguar habitat, both throughout its range 

and within the United States; 

(2) The physical and biological 

features of jaguar habitat that are 

essential to the conservation of the 

species; 

(3) Special management 

considerations or protections that the 

features essential to the conservation of 

the jaguar may require, including 

managing for the potential effects of 

climate change; 

(4) Any areas that are essential to the 

conservation of the jaguar throughout its 

range and why; 

(5) The areas in the United States that 

were occupied at the time of listing that 

contain features essential to the 

conservation of the species; 

(6) The areas in the United States that 

were not occupied at the time of listing, 

but are essential to the conservation of 

the species and why; 

(7) Land use designations and current 

or planned activities in jaguar habitats 

and their possible impacts on proposed 

critical habitat; 

(8) Conservation programs and plans 

that protect the jaguar and its habitat; 

and 

(9) 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. 

Public Comment Procedures 

To ensure that any final action 

resulting from this finding will be as 

accurate and as effective as possible, we 

request that you send relevant 

information for our consideration. The 

comments that will be most useful and 

likely to influence our decisions are 

those that you support by quantitative 

information or studies and those that 

include citations to, and analyses of, the 

applicable laws and regulations. Please 

make your comments as specific as 

possible and explain the bases for them. 

In addition, please include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

You must submit your comments and 

materials concerning this finding by one 

of the methods listed above in the 

ADDRESSES section. We will not accept 

comments sent by e-mail or fax or to an 

address not listed in ADDRESSES. If you 

submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information, such as your 

address, telephone number, or e-mail 

address—will be posted on the Web site. 

Please note that comments submitted to 

this Web site are not immediately 

viewable. When you submit a comment, 

the system receives it immediately. 

However, the comment will not be 

publicly viewable until we post it, 

which might not occur until several 

days after submission. 

If you mail or hand-carry a hardcopy 

comment directly to us that includes 

personal information, you may request 

at the top of your document that we 

withhold this information from public 

review. However, we cannot guarantee 

that we will be able to do so. To ensure 

that the electronic docket for this 

finding is complete and all comments 

we receive are publicly available, we 

will post all hardcopy comments on 

http://www.regulations.gov. 

In addition, comments and materials 

we receive, as well as supporting 

documentation used in preparing this 

finding, will be available for public 

inspection in two ways: 

(1) You can view them on http:// 

www.regulations.gov. In the Search 

Documents box, enter FWS-R2-ES-2009- 

0091, which is the docket number for 

this action. Then, in the Search panel on 

the left side of the screen, select the type 

of documents you want to view under 

the Document Type heading. 

(2) You can make an appointment, 

during normal business hours, to view 

the comments and materials in person at 

the Arizona Ecological Services Office 

(see FOR FURTHER INFORMATION CONTACT). 

Public Availability of Comments 

As stated above in more detail, before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

References Cited 

A complete list of references cited is 

available on the Internet at Docket No. 

FWS-R2-ES-2009-0091 at http:// 

www.regulations.gov and upon request 

from the Arizona Ecological Services 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Author(s) 

The primary author of this notice is 

the staff of the U.S. Fish and Wildlife 

Service. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: December 30, 2009. 

Eileen Sobeck, 

Acting Assistant Secretary for Fish, Wildlife 

and Parks. 

[FR Doc. 2010–479 Filed 1–12–10; 8:45 am] 

BILLING CODE S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2008–0130; MO 

92210–0–0008–B2] 

Endangered and Threatened Wildlife 

and Plants; Partial 90-Day Finding on 

a Petition to List 475 Species in the 

Southwestern United States as 

Threatened or Endangered With 

Critical Habitat; Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding; correction. 

SUMMARY: On Wednesday, December 16, 

2009, we, the U.S. Fish and Wildlife 

Service, announced a 90-day finding on 

192 species from a petition to list 475 

species in the Southwest region of the 

United States as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

In that notice, we used an incorrect 

docket number in one place and asked 

commenters submitting hardcopy 

comments to refer to this docket number 

in their comments. The correct docket 

number is [FWS–R2–ES–2008–0130]. 

However, comments we received under 

the incorrect docket number will be 

routed to the correct docket. If you 

already submitted a comment, even 

with the incorrect docket number, you 

need not resubmit it. 

DATES: To allow us adequate time to 

conduct a status review, we request that 

we receive information on or before 

February 16, 2010. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket no. FWS–R2–ES–2008–0130. 

• U.S. Mail or hand delivery: Public 

Comments Processing, Attn: FWS–R2– 

ES–2008–0130, Division of Policy and 

Directives Management, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 


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