39268 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 

Property. Additional definitions as used 

in this clause include: 

* * * * * 

23. Amend section 52.251–1 by 

revising the date of the clause, and the 

last sentence of the clause to read as 

follows: 

52.251–1 Government Supply Sources. 

* * * * * 

GOVERNMENT SUPPLY SOURCES (DATE) 

* * * The provisions of the clause 

entitled ‘‘Government Property,’’ at 

52.245–1, shall apply to all property 

acquired under such authorization. 

(End of clause) 

[FR Doc. E9–18799 Filed 8–5–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R1-ES-2009-0043]

[ MO 9221050083] 

Endangered and Threatened Wildlife 

and Plants; Initiation of Status Review 

for Mountain Whitefish (Prosopium 

williamsoni) in the Big Lost River, 

Idaho 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice; initiation of status 

review and solicitation of new 

information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

initiation of a status review for 

mountain whitefish (Prosopium 

williamsoni) in the Big Lost River, 

Idaho. The status review will help us 

determine whether this population 

warrants listing as threatened or 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

At the conclusion of the review, we will 

issue a 12–month finding on our 

determination as to whether listing is 

warranted. If listing is warranted, we 

will also determine whether or not to 

propose critical habitat for mountain 

whitefish in the Big Lost River. 

DATES: To allow us adequate time to 

conduct this review, we request that you 

send us information on or before 

September 8, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

FWS-R1-ES-2009-0043 and then follow 

the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket 

FWS-R1-ES-2009-0043; 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 the 

Information Solicited section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Jeffery L. Foss, State Supervisor, U.S. 

Fish and Wildlife Service, Idaho Fish 

and Wildlife Office, 1387 S. Vinnell 

Way, Room 368, Boise, ID 83709; 208- 

378-5243; facsimile at 208-378-5262. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 15, 2006, we received a 

petition from the Western Watersheds 

Project requesting we list the population 

of mountain whitefish in the Big Lost 

River, Idaho, as a species, subspecies, or 

distinct population segment (DPS). The 

petitioner also requested that we 

designate critical habitat. On October 

23, 2007, we published our 90–day 

finding (72 FR 59983), which found the 

petition failed to provide substantial 

information indicating that listing 

mountain whitefish in the Big Lost 

River may be warranted. This finding 

was based on a lack of information 

demonstrating the Big Lost River 

mountain whitefish may be a listable 

entity under the Act. For more 

information on the biology, habitat, and 

range of the mountain whitefish in the 

Big Lost River, please refer to our 90– 

day finding (72 FR 59983) published in 

the Federal Register on October 23, 

2007. 

On January 25, 2008, the Western 

Watersheds Project filed a complaint 

challenging our negative 90–day 

finding. On March 31, 2009, United 

States District Court (Western 

Watershed Project vs. Dirk Kempthorne, 

et al., (Case No. CV07-409-S-EJL)) found 

the Service had considered information 

beyond the material in the petition such 

that the Service had effectively begun to 

conduct a status review. The Court 

directed the Service to proceed directly 

to a status review of the species and 

issue a 12–month finding by March 31, 

2010. 

Section 4(b)(3)(B) of the Act (16 

U.S.C. 1531 et seq.), requires a 12– 

month finding to announce whether the 

petitioned actions is: (a) Not warranted, 

(b) warranted, or (c) warranted, but 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether species are 

endangered or threatened, and 

expeditious progress is being made to 

add or remove qualified species from 

the Lists of Endangered and Threatened 

Wildlife and Plants. Section 4(b)(3)(C) of 

the Act requires that we treat a petition 

for which the requested action is found 

to be warranted but precluded as though 

resubmitted on the date of such finding, 

that is, requiring a subsequent finding to 

be made within 12 months. We must 

publish these 12–month findings in the 

Federal Register. 

To help inform our status review, we 

are soliciting new information on the 

status of, and potential threats to, 

mountain whitefish, in particular the 

population in the Big Lost River. We 

will base our determination as to 

whether listing is warranted on a review 

of the best scientific and commercial 

data available, including all such 

information received as a result of this 

notice. 

Information Solicited 

To ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information concerning the status of the 

mountain whitefish. We will use the 

information gained during this process 

to evaluate, as appropriate, whether: 

•The population of mountain 

whitefish in the Big Lost River is a 

species, subspecies, or a DPS (as 

described in our Policy Regarding the 

Recognition of Distinct Vertebrate 

Population Segments under the 

Endangered Species Act (DPS Policy; 61 

FR 4722; February 7, 1996)), and 

• Listing of that entity as threatened or 

endangered is warranted under the 

Endangered Species Act of 1973, as 

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

We request information from other 

concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, and any other 

interested parties on the status of 

mountain whitefish throughout its 

range. We are seeking information 

regarding: 

(1) The historical and current status 

and distribution of the mountain 

whitefish, its population trend, 

taxonomy, genetics, biology, ecology, 

and habitat selection. 

(2) Ongoing conservation measures for 

the species and its habitat. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules 39269 

(3) Whether the population of 

mountain whitefish in the Big Lost 

River is a separate species or subspecies. 

(4) Whether the population of 

mountain whitefish in the Big Lost 

River is discrete, as defined in the DPS 

policy, including, but not limited to, 

information indicating that the 

mountain whitefish population in the 

Big Lost River is markedly separated 

from other populations of mountain 

whitefish due to physical, physiological, 

ecological, or behavioral factors. 

(5) Whether the population of 

mountain whitefish in the Big Lost 

River is significant to the remainder of 

the taxon to which it belongs (i.e., to the 

remainder of the species of mountain 

whitefish throughout its range), as 

defined in the DPS Policy, including, 

but not limited to: 

(a) Information indicating the 

ecological setting, including such 

factors as temperature, moisture, 

weather patterns, etc., in which the Big 

Lost River population of mountain 

whitefish persists, is unusual or unique 

for the taxon; 

(b) Information indicating that the 

loss of the population of mountain 

whitefish in the Big Lost River would or 

would not result in a significant gap in 

the range of the taxon; or 

(c) Information indicating that the Big 

Lost River population of mountain 

whitefish differs markedly in its genetic 

characteristics from other populations of 

mountain whitefish in the United 

States. 

(6) If the population of mountain 

whitefish in the Big Lost River is not a 

species or subspecies, whether that 

population constitutes a significant 

portion of the range of the species or 

subspecies to which it belongs. 

(7) The effects of potential threat 

factors that are the basis for making a 

listing determination under section 4(a) 

of the Act, 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. 

If we determine that listing the 

population of mountain whitefish in the 

Big Lost River is warranted, it is our 

intent to propose critical habitat to the 

maximum extent prudent and 

determinable at the time we propose to 

list the species. Therefore, with regard 

to areas within the geographical range 

currently occupied by the species, we 

also request data and information on 

what may constitute physical or 

biological features essential to the 

conservation of the species, where these 

features are currently found, and 

whether any of these features may 

require special management 

considerations or protection. In 

addition, we request data and 

information regarding whether there are 

areas outside the geographical area 

occupied by the species that are 

essential to the conservation of the 

species. Please provide specific 

comments and information as to what, 

if any, critical habitat you think we 

should propose for designation if 

mountain whitefish in the Big Lost 

River are proposed for listing, and why 

such habitat meets the requirements of 

the Act. 

Please note that submissions merely 

stating support 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 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.’’ At the 

conclusion of the status review, we will 

determine whether listing is warranted, 

not warranted, or warranted but 

precluded by other pending proposals. 

You may submit your information by 

one of the methods listed in the 

ADDRESSES section. If you submit 

information via http:// 

www.regulations.gov, your entire 

submission—including your personal 

identifying information—will be posted 

on the website. 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 information from 

public review. However, we cannot 

guarantee we will be able to do so. We 

will post all hardcopy submissions on 

http://www.regulations.gov. Please 

include sufficient information with your 

comments to allow us to verify any 

scientific or commercial information 

you include. 

Information and materials we receive, 

as well as supporting documentation 

used, 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, Idaho Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this notice are 

the staff members of the Idaho Fish and 

Wildlife Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: July 24, 2009 

James J. Slack, 

Acting Deputy Director, Fish and Wildlife 

Service. 

[FR Doc. E9–18802 Filed 8–5–09; 8:45 am] 

BILLING CODE 4310-55-S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0812191631–91125–02] 

RIN 0648–AX53 

Pacific Halibut Fisheries; Subsistence 

Fishing 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

revise the criteria for rural residents to 

participate in the subsistence fishery for 

Pacific halibut in waters in and off 

Alaska. Currently, certain rural 

residents who reside in locations 

outside the legal boundaries of specified 

communities are prohibited by 

regulations from participating in the 

subsistence halibut fishery. This action 

is necessary to allow subsistence halibut 

fishing opportunities for these rural 

residents. This action is intended to 

allow inadvertently excluded rural 

residents to participate in the 

subsistence halibut fishery and to 

support the conservation and 

management provisions of the Northern 

Pacific Halibut Act of 1982. 

DATES: Comments must be received no 

later than September 8, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

AX53’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS