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###### Department of the Interior

###### Fish and Wildlife Service 

          - 50 CFR Part 17 
          - RIN 1018-AV19 

# AGENCY:

Fish and Wildlife Service, Interior. 

# ACTION:

Reopening of comment period; notice of availability of new information. 

      ( print page 53750)    

# SUMMARY:

                        We, the U.S. Fish and Wildlife Service (Service), announce the availability of nine new United States Geological Survey (USGS) reports produced for the Service to provide current data and modeling outputs relevant to the final determination of whether the polar bear (                        *Ursus maritimus*) qualifies for listing under the Endangered Species Act of 1973, as amended (Act). We intend to take these reports into consideration as we make our final listing determination on the polar bear. We also are reopening the public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened throughout its range under the Act (72 FR 1064). We are reopening the comment period for an additional 15 days to allow interested parties to comment on the nine USGS reports listed below. The comment period is being limited to 15 days because of the statutory deadline, which requires a final listing determination within one year of publication of the proposed rule, unless an extension of up to six months is granted due to substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination.                     

Please note that comments previously submitted should not be resubmitted. This comment period is open only for comments on the nine USGS reports listed below. Comments submitted during the prior comment period have been incorporated into the public record and will be fully considered during preparation of our final determination. 

# DATES:

We will accept public comments until October 5, 2007. 

# ADDRESSES:

You may submit comments and materials to us by any one of the following methods: 

(1) You may mail or hand-deliver written comments and information to the Supervisor, U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, AK 99503. 

                        (2) You may send comments by electronic mail (e-mail) to:                         *Polar_Bear_Finding@fws.gov.*                         For instructions on how to file comments electronically, see the “Public Comments Solicited” section below. In the event that our Internet connection is not functional, please submit your comments by one of the alternate methods listed in this section.                     

                        (3) You may submit your comments via the Federal eRulemaking Portal at                         *http://www.regulations.gov.*                         Follow the instructions for submitting comments.                     

For information on obtaining copies of the nine USGS reports, see the “Obtaining Copies of the Nine USGS reports” section below. 

# FOR FURTHER INFORMATION CONTACT:

                        Rosa Meehan, Marine Mammals Management Office (see                         **ADDRESSES**                        ) (telephone 907-786-3800). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.                     

# SUPPLEMENTARY INFORMATION:

                    On January 9, 2007 (72 FR 1064), the Service published a 12-month petition finding and proposed rule to list the polar bear (                    *Ursus maritimus*) as threatened throughout its range under the Act. The document announced a 3-month public comment period on the proposed rule, which closed on April 9, 2007. We also held three public hearings during the proposed rule's comment period, as announced in the February 15, 2007,                     **Federal Register**                     (72 FR 7381).                 

On September 7, 2007, the Service received nine reports prepared by the USGS that provide new data and modeling outputs relevant to the final determination of whether the polar bear qualifies for listing as threatened or endangered under the Act. These reports are: 

                    (1) Polar Bear Population Status in the Northern Beaufort Sea by Stirling                     *et al.*

                    (2) Polar Bear Population Status in Southern Hudson Bay Canada by Obbard                     *et al.*

                    (3) Polar Bears in the Southern Beaufort Sea I: Survival and Breeding in Relation to Sea Ice Conditions, 2001-2006 by Regehr                     *et al.*

                    (4) Polar Bears in the Southern Beaufort Sea II: Demography and Population Growth in Relation to Sea Ice Conditions by Hunter                     *et al.*

                    (5) Polar Bears in the Southern Beaufort Sea III: Stature, Mass, and Cub Recruitment in Relationship to Time and Sea Ice Extent Between 1982 and 2006 by Rode                     *et al.*

(6) Uncertainty in Climate Model Predictions of Arctic Sea Ice Decline: An Evaluation Relevant to Polar Bears by DeWeaver. 

                    (7) Predicting the Future Distribution of Polar Bear Habitat in the Polar Basin from Resource Selection Functions Applied to 21st Century General Circulation Model Projections of Sea Ice by Durner                     *et al.*

                    (8) Predicting Movements of Female Polar Bears between Summer Sea Ice Foraging Habitats and Terrestrial Denning Habitats of Alaska in the 21st Century: Proposed Methodology and Pilot Assessment by Bergen                     *et al.*

                    (9) Forecasting the Range-wide Status of Polar Bears at Selected Times in the 21st Century by Amstrup                     *et al.*

We are notifying the public of the availability of these reports and our intent to consider them in making our final listing determination. We also are reopening the comment period for 15 days to provide the public the opportunity to provide comments or information on these reports. We are asking for public comments on these reports and a review of the extent to which they add to the knowledge base for making the final decision. 

## Obtaining Copies of the Nine USGS Reports 

You may obtain copies of any of the nine USGS reports: 
    - By mail from the U.S. Department of the Interior, United States Geological Survey, Office of Communication, 119 National Center, Reston, VA 20192;
    - By calling USGS Public Affairs at (703) 648-4460;
    - By visiting the USGS Web site at http://www.usgs.gov/​newsroom/​special/​polar_​bears/​ ; or                 
    - Via link to the USGS Web site from the Service's Web site: http://www.fws.gov/​ .                 

                    Copies of the reports are also available for public inspection, by appointment during normal business hours, at the U.S. Fish and Wildlife Service, Marine Mammals Management Office (see                     **ADDRESSES**                    ).                 

## Public Comments Solicited 

Comments and information submitted during the initial comment period on the January 9, 2007 (72 FR 1064), proposed rule should not be resubmitted, as this comment period is open only for comments on the nine USGS reports listed above. Our final determination of whether the polar bear qualifies as threatened or endangered under the Act will take into consideration all comments and information we receive during both comment periods. 

                    You may submit your comments and any materials concerning the above reports by any one of several methods (see                     **ADDRESSES**                    ). If you use e-mail to submit your comments, please include “Attn: Polar Bear Finding” in your e-mail subject header, preferably with your name and return address in the body of your message.                 

                    Before including your address, phone number, e-mail address, or other personal identifying information in your comments, 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 from public view your personal identifying information, we                           ( print page 53751)                        cannot guarantee that we will be able to do so.                 

## Author 

The primary author of this notice is 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: September 13, 2007. 

H. Dale Hall, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 07-4652 Filed 9-17-07; 11:03 am] 

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