Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 33957 

(f) The Contractor shall maintain in a 

current status throughout the life of the 

contract the project labor agreement entered 

into pursuant to this clause. 

(g) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (g), in all 

subcontracts. 

(End of Provision) 

[FR Doc. E9–16619 Filed 7–10–09; 11:15 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R9-IA-2009-0016; 96100-1671-9FLSB6] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List 14 Parrot Species as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90–day petition 

finding and initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list as 

threatened or endangered under the 

Endangered Species Act of 1973, as 

amended (Act), the following 14 parrot 

species: Blue-throated macaw (Ara 

glaucogularis), blue-headed macaw 

(Primolius couloni), crimson shining 

parrot (Prosopeia splendens), great 

green macaw (Ara ambiguus), greycheeked parakeet (Brotogeris 

pyrrhoptera), hyacinth macaw 

(Anodorhynchus hyacinthinus), military 

macaw (Ara militaris), Philippine 

cockatoo (Cacatua haematuropygia), 

red-crowned parrot (Amazona 

viridigenalis), scarlet macaw (Ara 

macao), thick-billed parrot 

(Rhynchopsitta pachyrhyncha), white 

cockatoo (Cacatua alba), yellow-billed 

parrot (Amazona collaria), and yellowcrested cockatoo (Cacatua sulphurea). 

The thick-billed parrot is listed as an 

endangered species under the Act 

throughout its range. As such, we will 

not be addressing it further as part of 

this petition. We have also previously 

determined that the blue-throated 

macaw warrants listing in response to a 

1991 petition and has been a candidate 

species since. Because we have recently 

re-evaluated the status of this species as 

part of our 2008 Annual Notice of 

Review, we will not address it further as 

part of this petition. We find that the 

petition presents substantial scientific 

or commercial information indicating 

that listing the remaining 12 species of 

parrots may be warranted. Therefore, 

with the publication of this notice, we 

are initiating a status review of these 12 

species of parrots to determine if listing 

is warranted. To ensure that the status 

reviews are comprehensive, we are 

soliciting scientific and commercial data 

regarding these 12 species. 

Additionally, we are seeking any recent 

information concerning the bluethroated macaw so that it can be taken 

into consideration in our evaluation of 

its status when we do our re-evaluation 

as part of the 2009 Annual Notice of 

Review. 

DATES: We made the finding announced 

in this document on July 14, 2009. To 

allow us adequate time to conduct the 

12–month status review, we request that 

we receive information on or before 

September 14, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R9- 

IA-2009-0016; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. 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: 

Douglas Krofta, Chief, Branch of Listing, 

Endangered Species, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 420, Arlington, Virginia 

22203; telephone 703-358-2105. If you 

use a telecommunications device for the 

deaf (TDD), call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

When we make a finding that 

substantial information is presented to 

indicate that listing a species may be 

warranted, we are required to promptly 

commence a review of the status of the 

species. To ensure that the status review 

is complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information on the following 12 parrot 

species: Blue-headed macaw (Primolius 

couloni), crimson shining parrot 

(Prosopeia splendens), great green 

macaw (Ara ambiguus), grey-cheeked 

parakeet (Brotogeris pyrrhoptera), 

hyacinth macaw (Anodorhynchus 

hyacinthinus), military macaw (Ara 

militaris), Philippine cockatoo (Cacatua 

haematuropygia), red-crowned parrot 

(Amazona viridigenalis), scarlet macaw 

(Ara macao), white cockatoo (Cacatua 

alba), yellow-billed parrot (Amazona 

collaria), and yellow-crested cockatoo 

(Cacatua sulphurea). We request 

scientific and commercial information 

from the public, concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested parties on the status of the 12 

parrot species that will be addressed as 

part of this petition, as well as the bluethroated macaw (Ara glaucogularis), 

throughout their range, including but 

not limited to: 

(1) Information on taxonomy, 

distribution, habitat selection and 

trends (especially breeding and foraging 

habitats), diet, and population 

abundance and trends (especially 

current recruitment data) of these 

species. 

(2) Information on the effects of 

habitat loss and changing land uses on 

the distribution and abundance of these 

species and their principal prey species 

over the short and long term. 

(3) Information on the effects of other 

potential threat factors, including live 

capture and hunting, domestic and 

international trade, predation by other 

animals, and diseases of these species or 

their principal prey over the short and 

long term. 

(4) Information on management 

programs for parrot conservation, 

including mitigation measures related to 

conservation programs, and any other 

private, tribal, or governmental 

conservation programs that benefit these 

species. 

(5) Information relevant to whether 

any populations of these species may 

qualify as distinct population segments. 

(6) Information on captive 

populations and captive breeding and 

domestic trade of these species in the 

United States. 

We will base our 12–month finding 

on a review of the best scientific and 

commercial information available, 

including all information received 

during the public comment period. 

Please note that comments merely 

stating support or opposition to the 

actions under consideration without 

providing supporting information, 

although noted, will not be part of the 

basis of this determination, as section 

4(b)(1)(A) of the Act (16 U.S.C. 1531 et 

seq.) directs that determinations as to 

whether any species is a threatened or 

endangered species shall be made 

‘‘solely on the basis of the best scientific 


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33958 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Proposed Rules 

and commercial data available.’’ At the 

conclusion of the status review, we will 

issue the 12–month finding on the 

petition, as provided in section 

4(b)(3)(B) of the Act. 

You may submit your comments and 

materials concerning this status review 

by one of the methods listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the website. If you submit hardcopy 

information 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 that we will be able to do so. 

We will post all hardcopy submissions 

on http://www.regulations.gov. 

Information and materials we receive, 

as well as supporting documentation we 

used in preparing this 90–day 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, Branch of Listing (see FOR

FURTHER INFORMATION CONTACT). 

Background 

Section 4(b)(3)(A) of the Act requires 

that we make a finding on whether a 

petition to list, delist, or reclassify a 

species presents substantial scientific or 

commercial information to indicate that 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition, 

supporting information submitted with 

the petition, and information otherwise 

available in our files at the time we 

make the determination. To the 

maximum extent practicable, we are to 

make this finding within 90 days of our 

receipt of the petition and publish our 

notice of this finding promptly in the 

Federal Register. 

The Service’s regulations 

implementing the 90–day petition 

finding provisions of the Act define 

‘‘substantial scientific or commercial 

information’’ as ‘‘that amount of 

information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). If we 

find that substantial information was 

presented, we are required to promptly 

commence a review of the status of the 

species. 

We base this finding on information 

provided by the petitioner that we 

determined to be reliable after reviewing 

sources referenced in the petition. We 

evaluated that information in 

accordance with 50 CFR 424.14(b). Our 

process for making this 90–day finding 

under section 4(b)(3)(A) of the Act and 

50 CFR 424.14(b) of our regulations is 

limited to a determination of whether 

the information in the petition meets the 

‘‘substantial information’’ threshold. 

On January 31, 2008, the Service 

received a petition dated January 29, 

2008, from Friends of Animals, as 

represented by the Environmental Law 

Clinic, University of Denver Sturm 

College of Law, requesting we list 14 

parrot species under the Act. The 

petition clearly identified itself as a 

petition and included the requisite 

identification information required at 50 

CFR 424.14(a). 

One of the 14 species included in the 

petition received from Friends of 

Animals, the thick-billed parrot 

(Rhynchopsitta pachyrhyncha), is 

already listed as ‘‘Endangered’’ in its 

entirety under the Act, despite the 

appearance from the Code of Federal 

Regulations (CFR) that only a distinct 

population segment (DPS) of the species 

outside of the United States is listed. In 

an April 30, 2009, memorandum 

addressed to the Service’s Director, 

entitled, ‘‘Status of the thick-billed 

parrot, wood bison, margay, and 

northern swift fox under the 

Endangered Species Act,’’ the U.S. 

Department of the Interior’s Assistant 

Solicitor for Fish and Wildlife provided 

an explanation for why this species is 

currently protected in its entirety and is 

not listed as a distinct population 

segment under the Act. A summary of 

this explanation is provided below. 

The thick-billed parrot was initially 

provided protection under the 

Endangered Species Conservation Act 

(ESCA) – the statute that immediately 

preceded the current Endangered 

Species Act – by its inclusion on the list 

of Endangered Foreign Fish and 

Wildlife, June 2, 1970 (see 35 FR 8491). 

The list included a column labeled, 

‘‘Where found,’’ which indicated, 

‘‘Mexico, United States’’ for the thickbilled parrot. The introduction to the 

list explained that species were not 

included on the list unless they were 

endangered throughout all of their range 

and that ‘‘[t]he ‘Where Found’ column 

is a general guide to the native countries 

or regions where the named animals are 

found’’ (see 35 FR 8491, June 2, 1970; 

50 CFR part 17, Appendix A (1971)). 

Consistent with the direction of the 

ESCA, the thick-billed parrot was a 

species that the Secretary found to be 

‘‘threatened with worldwide extinction’’ 

(see 35 FR 8491, June 2, 1970). 

Therefore, this document indicates that 

the Service’s intent was to list the thickbilled parrot in its entirety, with all 

individuals of the species covered under 

the applicable provisions of the ESCA. 

In 1973, the current Endangered 

Species Act was passed, and in 

accordance with its section 4(c)(3), the 

species lists under the ESCA would be 

republished as the initial Endangered 

Species Act list of threatened and 

endangered wildlife, without public 

hearing, notice, or an opportunity for 

public comment. In 1974, the first lists 

of endangered and threatened species 

appeared in the CFR and included a 

‘‘Where found’’ column like the 1970 

list; the text explained that the 

geographic areas in this column were 

informational only and not a substantive 

part of the listing: ‘‘[t]he ‘where found’ 

column is provided for the convenience 

of the public, is not exhaustive, is not 

required to be given by law, and has no 

legal significance’’ (50 CFR section 

17.11, 1974). Thus, the intent under the 

previous ESCA that the thick-billed 

parrot was listed in its entirety and that 

all individuals of the species were 

covered under the law was retained 

under the new Endangered Species Act 

list. 

In 1979, the Service published a 

notice in the Federal Register that 

announced a change in the listing status 

for the thick-billed parrot and 6 other 

species. The notice stated that these 

species contained populations within 

the United States and described ESCA’s 

provision for consultation with the 

States prior to listing a species (see 44 

FR 43705, July 25, 1979). The notice 

stated that the Service had failed to 

consult with the governors of the States 

of the U.S. populations for these 

species, and therefore, the Service 

concluded that the U.S. populations 

were not covered under the Act. The 

following year, the list of endangered 

and threatened wildlife in the CFR was 

amended to indicate that only 

populations of the seven species outside 

the United States were listed under the 

ESA, and for the first time the CFR 

indicated that the listed entity for each 

species or subspecies was a DPS. 

Although the 1979 notice claimed to 

change the listing status of the thickbilled parrot and the other 6 species, the 

notice was without legal effect, because 

the Service did not go through the rulemaking procedures required under 

section 553 of the Administrative 

Procedure Act (APA) and section 4(b)(4) 

of the Act. In addition, failure to consult 

with a State under the ESCA did not 

invalidate the species’ legal status under 

the Act. In 1973 Congress validated the 

lists from the prior statutes through its 

explicit incorporation of them into the 

Act. The thick-billed parrot, listed in its 

entirety under the ESCA in 1969, has, 


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therefore, maintained legal protection 

under the current Act. Thus, in spite of 

the 1979 Federal Register notice and the 

current appearance of the CFR, the 

thick-billed parrot has been listed as 

‘‘Endangered’’ in its entirety since its 

first appearance on the endangeredspecies lists. Since the thick-billed 

parrot is already listed as an endangered 

species throughout its range, including 

the United States population, we believe 

the action requested in the petition with 

regards to the thick-billed parrot has 

previously been taken. Therefore, our 

statutory obligation to further address 

this issue is moot. 

Further, a second species of the 14 

species included in the petition 

received from Friends of Animals, the 

blue-throated macaw (Ara 

glaucogularis), was previously 

petitioned by the International Council 

for Bird Preservation (ICBP). On May 6, 

1991, we received a petition (hereafter 

referred to as the 1991 petition) from 

ICBP, to add 53 species of foreign birds 

to the List of Endangered and 

Threatened Wildlife, including the bluethroated macaw. In response to the 1991 

petition, we published a positive 90– 

day finding on December 16, 1991 (56 

FR 65207), for all 53 species, and 

announced the initiation of a status 

review. On March 28, 1994 (59 FR 

14496), we published a 12–month 

finding on the 1991 petition, along with 

a proposed rule to list 30 African birds 

under the Act. In that document, we 

proposed listing 15 of the 53 bird 

species included in the 1991 petition, 

and announced our finding that listing 

the remaining 38 species from the 1991 

petition, including the blue-throated 

macaw, was warranted but precluded by 

higher priority listing actions. We made 

subsequent warranted-but-precluded 

findings for all outstanding foreign 

species from the 1991 petition, 

including the blue-throated macaw, as 

published in our Annual Notice of 

Review on May 21, 2004 (69 FR 29354), 

and April 23, 2007 (72 FR 20184). 

We have reviewed the listing status of 

the blue-throated macaw (Ara 

glaucogularis), most recently in our 

2008 Annual Notice of Findings on 

Resubmitted Petitions for Foreign 

Species (73 FR 44062; July 29, 2008), as 

required under section 4(b)(3)(C)(i) of 

the Act. That notice describes our 

resubmitted petition findings for 50 

foreign species for which we had 

previously found listing to be warranted 

but precluded. In that notice, we 

determined that warranted but 

precluded status remained appropriate 

for the blue-throated macaw and 

assigned the species a listing priority 

number of 8. The results of our next 

evaluation of the status of this species 

will be published in the 2009 Annual 

Notice of Findings on Resubmitted 

Petitions for Foreign Species. As such, 

we are seeking any recent information 

concerning this species that can be used 

in that evaluation. However, since we 

have already made a finding that listing 

is warranted for the blue-throated 

macaw in response to the 1991 petition 

and subsequent re-evaluations as part of 

the Annual Notice of Review, we have 

determined that we have previously 

addressed the action requested in the 

current petition with regards to this 

species. As such, our statutory 

obligation to further address this issue 

is moot. 

Therefore, this finding addresses the 

following 12 species of parrots named in 

the petition: Blue-headed macaw, 

crimson shining parrot, great green 

macaw, grey-cheeked parakeet, hyacinth 

macaw, military macaw, Philippine 

cockatoo, red-crowned parrot, scarlet 

macaw, white cockatoo, yellow-billed 

parrot, and yellow-crested cockatoo. 

Information Presented in the Petition 

The blue-headed macaw is found in 

eastern Peru, extreme western Brazil, 

and northwestern Bolivia, at the edge of 

humid lowland evergreen forests, along 

rivers, and in openings in the forest 

canopy (International Union for 

Conservation of Nature and Natural 

Resources (IUCN) 2008k). The petition 

notes that the greatest threat to the 

species is the pet trade as the species is 

commonly found as caged pets in 

Brazilian markets. In addition, the 

petition asserts that the rarity of the 

species in combination with its low 

reproductive rate has made the species 

even more popular with collectors. 

The crimson shining parrot is 

endemic to the islands of Fiji where it 

is found in forests, on agricultural lands, 

and around human habitation (IUCN 

2008l). The petition claims that the 

primary threats to the species are the pet 

trade and habitat destruction. The 

petition asserts that a decline in the 

mangrove forest area in the near future 

will place habitat pressure on the 

species. 

The great green macaw is found in 

parts of Colombia, Costa Rica, Ecuador, 

Honduras, Nicaragua, and Panama, and 

inhabits humid lowlands and foothills 

mainly below 600 meters (m) (1,969 feet 

(ft)) (IUCN 2008d). The petition notes 

that the largest factor affecting the 

species is the loss of habitat throughout 

its range as a result of banana 

plantations, cattle ranching, and 

logging. Furthermore, the petition states 

that another major factor impacting the 

species is the pet trade particularly in 

the country of Nicaragua. 

The grey-cheeked parakeet is found in 

southwest Ecuador and extreme 

northwest Peru, and primarily inhabits 

deciduous forests dominated by Ceiba 

trichistandra (IUCN 2008g). The petition 

claims that the greatest threat to the 

survival of the species is trapping for 

the pet trade. In addition, the petition 

notes habitat destruction, through 

logging, agricultural conversion, and 

grazing, as another threat to the 

continued existence of the species. 

The hyacinth macaw is found 

primarily in Brazil, with small 

occurrences in east Bolivia and 

Paraguay (IUCN 2008c). The species 

inhabits floodplains and savanna 

adjacent to tropical forests, shrubland, 

palm-stands, and palm-savannas (IUCN 

2008c). The petition asserts that illegal 

trapping for the pet trade is the greatest 

threat to the species, and notes this 

threat, according to species experts, as 

the primary reason for the rapid 

population decline of the species. The 

petition also states that the species is 

facing pressure from habitat loss due to 

cattle ranching and hydroelectric 

development, as well as local hunting 

for food and feathers. 

The military macaw occupies a highly 

fragmented range from Mexico to 

Argentina, inhabiting humid lowland 

forest and adjacent clearings, wooded 

foothills, and canyons (IUCN 2008f). 

The petition claims that habitat loss and 

the pet trade are the most significant 

threats to the species. 

The Philippine cockatoo is endemic 

to the Philippines and may be restricted 

to lowland primary or secondary forests, 

within or adjacent to riparian or coastal 

areas with mangroves (IUCN 2008i). The 

petition states that habitat loss and the 

pet trade are the greatest threats to the 

continued survival of the species. The 

petition asserts that trapping on the 

islands is very common due to the high 

price paid for each bird on the 

international market. The petition also 

claims that widespread deforestation 

and destruction of native mangroves 

have contributed to the population 

decline of the species. 

The red-crowned parrot is native to 

Mexico and is currently found in 

northeastern Mexico, inhabiting lush 

areas in arid lowlands and foothills, 

particularly gallery forests, deciduous 

woodlands, and dry, open, pine-oak 

woodlands on ridges up to 3,281 ft 

(1,000 m) (IUCN 2008b). The petition 

claims that the pet trade and habitat 

destruction are the greatest threats to the 

continued existence of the species. The 

petition states that trappers often 

destroy nests, sometimes even cutting 


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down the entire tree, in order to collect 

nestlings, leading to the loss of nest sites 

and site abandonment. Furthermore, the 

petition asserts that the remaining 

habitat of the species has been reduced 

due to the clearing of many gallery 

forests for agriculture and pasture land 

use. 

The scarlet macaw is found 

throughout Central and South America, 

with an estimated range of 

approximately 2,586,885 square miles 

(m2) (6,700,000 square kilometers (km2)) 

(IUCN 2008e). The species prefers 

humid lowland evergreen forests and 

gallery woodland savannas, primarily 

near exposed river banks and clearings 

with large trees (del Hoyo et al. 1997, p. 

421). The petition asserts that habitat 

destruction and captures for the pet 

trade are the greatest threats to the 

species. The petition claims that habitat 

destruction, as a result of forest clearing, 

settlement, and agriculture, is common 

throughout the species’ range. The 

petition also states that anti-poaching 

enforcement is not keeping up with the 

demand for this species in the pet trade, 

where one bird can sell for over $1,000 

(U.S.). 

The white cockatoo is endemic to 

several islands in North Maluku, 

Indonesia, and inhabits primary, logged, 

and secondary forests up to 2,953 ft (900 

m) (IUCN 2008h). The species also 

occurs in mangroves, on plantations, 

and on agricultural land (IUCN 2008h). 

The petition claims that the greatest 

threats to the species are habitat 

destruction and the pet trade. The 

petition states that an increase in 

logging activity has decreased the 

availability of large trees suitable for 

nest sites throughout the species’ range. 

In addition, the petition asserts that 

trapping of this species for the pet trade 

far exceeds the catch quota issued by 

the Indonesian government. 

The yellow-billed parrot is primarily 

found in the wet areas of Jamaica, 

inhabiting wet limestone forests at 

elevations up to 3,937 ft (1,200 m) 

(IUCN 2008a). The petition lists two 

primary threats to the species: habitat 

destruction and the pet trade. The 

petition claims that the species’ habitat, 

as well as nest sites, has been reduced 

due to logging and mining activities, 

and that trapping of this species for the 

pet trade is common. 

The yellow-crested cockatoo is native 

to Timor-Leste and Indonesia, and 

inhabits forest, forest edge, scrub, and 

agricultural land (IUCN 2008j). The 

petition asserts that the significant 

decline in the population of the species 

is directly attributable to trapping for 

the pet trade. The petition cites 

evidence that suggests that the 

international pet trade has placed the 

highest pressure on the wild population 

of the species. In addition, the petition 

claims that habitat loss, due to logging 

and agricultural conversion of forested 

lands, and the persecution of the species 

as a crop pest, has placed additional 

pressure on the remaining wild 

population. 

Finding 

On the basis of our review, which 

focused on the threats facing these 

parrot species, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing may be warranted for the 

following 12 species of parrots: Blueheaded macaw, crimson shining parrot, 

great green macaw, grey-cheeked 

parakeet, hyacinth macaw, military 

macaw, Philippine cockatoo, redcrowned parrot, scarlet macaw, white 

cockatoo, yellow-billed parrot, and 

yellow-crested cockatoo. Therefore, we 

are initiating a status review to 

determine if listing any of these 12 

species under the Act is warranted. To 

ensure that the status review is 

comprehensive, we are soliciting 

scientific and commercial information 

regarding these 12 species. Under 

section 4(b)(3)(B) of the Act, within 12 

months after receiving a petition that is 

found to present substantial information 

indicating that the petitioned action 

may be warranted, we are required to 

make a finding as to whether listing the 

species is warranted, not warranted, or 

warranted but precluded by other 

pending listing proposals. 

References Cited 

A complete list of all references cited 

herein is available upon request from 

the U.S. Fish and Wildlife Service, 

Branch of Listing (see FOR FURTHER

INFORMATION CONTACT section). 

Author 

The primary authors of this notice are 

staff members of the Division of 

Scientific Authority, 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: June 16, 2009. 

Marvin E. Moriarty, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–16354 Filed 7–13– 09; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

RIN 0648–AX86 

Taking of Marine Mammals Incidental 

to Specified Activities; Taking Marine 

Mammals Incidental to Training 

Operations Conducted Within the Gulf 

of Mexico Range Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS has received requests 

from the U.S. Navy (Navy) for 

authorizations for the take of marine 

mammals incidental to training and 

operational activities conducted by the 

Navy’s Atlantic Fleet within the Gulf of 

Mexico (GOMEX) Range Complex for 

the period beginning December 3, 2009 

and ending December 2, 2014. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS is proposing 

regulations to govern that take and 

requesting information, suggestions, and 

comments on these proposed 

regulations. 

DATES: Comments and information must 

be received no later than August 13, 

2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AX86, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Hand delivery or mailing of paper, 

disk, or CD–ROM comments should be 

addressed to Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3225. 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter NA in the required 


sroberts on DSKD5P82C1PROD with PROPOSALS