        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [FWS-R2-ES-2008-0130; MO 9221050083]
        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

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Notice of 90-day petition finding.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on 270 species from a petition to list 475 species in the southwestern United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that for these 270 species the petition does not present substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, for these 270 species, we will not initiate a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of these 270 species or threats to them or their habitat at any time. This information will help us monitor and encourage the conservation of these species. An additional 5 species of the 475 included in the petition do not fall within the scope of the petition or are not a listable entity and, therefore, were not considered in this finding (see Petition).

          DATES:
          The finding announced in this document was made on January 6, 2009. You may submit new information concerning this species for our consideration at any time.

          ADDRESSES:
          This finding is available on the Internet at http://www.regulations.gov. Supporting information we used in preparing this finding is available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Southwest Regional Ecological Services Office, 500 Gold Ave., SW., Albuquerque, NM 87102. Please submit any new information, materials, comments, or questions concerning these species or this finding to the above address.

          FOR FURTHER INFORMATION CONTACT:

          Nancy Gloman, Assistant Regional Director, Southwest Regional Ecological Services Office (see ADDRESSES); telephone 505/248-6920; facsimile 505/248-6788. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background
        Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) 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 a petitioned action may be warranted. We are to base this finding on information provided in the petition. To the maximum extent practicable, we are to make the finding within 90 days of our receipt of the petition, and publish our notice of this finding promptly in the Federal Register.
        Our standard for “substantial information,” as defined in the Code of Federal Regulations at 50 CFR 424.14(b), with regards to a 90-day petition finding is “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted.” If we find that substantial information was presented, we are required to promptly commence a status review of the species.
        In making this finding, we based our decision on information provided by the petitioner that we determined to be reliable after reviewing sources referenced in the petition and otherwise available in our files. 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 is limited to a determination of whether the information in the petition meets the “substantial information” threshold.
        Petition

        On June 25, 2007, we received a formal petition dated June 18, 2007, from Forest Guardians (now WildEarth Guardians) requesting that the Service: (1) Consider all full species in our Southwest Region ranked as G1 or G1G2 by the organization NatureServe, except those that are currently listed, proposed for listing, or candidates for listing; and (2) list each species as either endangered or threatened with critical habitat. The petition incorporates all analyses, references, and documentation provided by NatureServe in its online database at http://www.natureserve.org/ into the petition. The petition clearly identified itself as a petition and included the identification information, as required in 50 CFR 424.14(a). We sent a letter to the petitioners dated July 11, 2007, acknowledging receipt of the petition and stating that the petition was under review by staff in our Southwest Regional Office. On June 18, 2008, we received a petition from WildEarth Guardians dated June 12, 2008, to emergency list 32 species under the Administrative Procedure Act (APA) and the Endangered Species Act. Of those 32 species, 21 were included in the June 18, 2007, petition to be listed on a non-emergency basis. In a letter dated July 22, 2008, we stated that the information provided in both the 2007 and 2008 petitions and in our files did not indicate that an emergency situation existed for any of the 21 species. This letter concludes our processing of the emergency aspect of the 2008 petition under the APA. The following discussion presents our partial evaluation of the June 18, 2007 and June 12, 2008 petitions, based on information provided in the petition and our current understanding of the species.

        The 2007 petition included a list of 475 species. One species, Salina mucket (Potamilus metnecktayi), is also known by the scientific name Disconaias salinasensis; we were petitioned to list the species under both names. The species files in NatureServe for these two names are identical. For the remainder of our review we used the name P. metnecktayi; therefore, we reviewed only 474 actual species files. This finding addresses 270 of the 475 species for which we were petitioned. The remaining 200 species will be addressed in one or more additional 90-day findings in the future. Although we are not making a finding on the remaining 200 species at this time, the lack of inclusion of those species in this finding does not imply that we are making or will make a positive finding on any or all of the remaining species. Our priority for responding to a petition is a function of the resources that are available and competing demands for those resources.

        Because the petition requested that we consider all species from the list that were not currently listed, proposed for listing, or candidates for listing, 3 of the 474 species were also not included in the review. Quitobaquito pupfish (Cyprinodon eremus) is currently listed as endangered under the name desert pupfish (Cyprinodon macularius eremus). In Arizona, this family was historically represented by two recognized subspecies, Cyprinodon m. macularius and C. m. eremus, and an undescribed species, the Monkey Spring pupfish. Minckley et al. (2002, p. 701) raised C. m. eremus to a full species, C. eremus. The species is listed as endangered throughout its range, so we did not consider it as part of this petition. On December 13, 2007, we made a 12-month finding that the Jollyville Plateau salamander (Eurycea tonkawae) warrants listing, but that listing is precluded by higher listing priorities (72 FR 71040), thus rendering the species to candidate status. On December 6, 2007, we published our annual review of native species that are candidates for listing as endangered or threatened (72 FR 69034), in which we made the San Bernadino springsnail (Pyrgulopsis bernardina) a candidate species. Because these three species, Quitobaquito pupfish, Jollyville Plateau salamander, and San Bernardino springsnail, are currently listed or are candidates for listing, and we were petitioned to list species that are not listed or candidates, they were not evaluated as part of this petition.

          Agave arizonica (Arizona agave) was recently delisted (71 FR 35195; June 19, 2006) because it was determined to be a product of hybridization and, therefore, not a listable entity. No new information was presented in the petition for Arizona agave. Because of its current status, the Arizona agave was not considered in our review. After eliminating review of Quitobaquito pupfish, Jollyville Plateau salamander, San Bernardino springsnail, and Arizona agave, there were 470 species files to continue with our review in the NatureServe database.
        This finding addresses 270 of the 470 species for which we were validly petitioned. The remaining 200 species will be addressed in one or more additional 90-day findings in the future. Our priority for responding to a petition is a function of the resources that are available and competing demands for those resources. Thus, in any given fiscal year, multiple factors dictate whether it will be possible to undertake work on particular listing actions. The resources available for listing actions are determined through the annual Congressional appropriations process. The appropriation for the Listing Program is available to support work involving the following listing actions: Proposed and final listing rules; 90-day and 12-month findings on petitions to revise critical habitat and to add species to the Lists of Endangered and Threatened Wildlife and Plants or to change the status of a species from threatened to endangered; annual determinations on prior “warranted but precluded” petition findings as required under section 4(b)(3)(C)(i) of the Act; proposed and final rules designating critical habitat; and litigation-related, administrative, and program management functions (including preparing and allocating budgets, responding to Congressional and public inquiries, and conducting public outreach regarding listing and critical habitat). The work involved in preparing various listing documents can be extensive and may include, but is not limited to, gathering and assessing the best scientific and commercial data available and conducting analyses used as the basis for our determinations under section 4(a)(1) of the Act; writing and publishing documents; and obtaining, reviewing, and evaluating public comments and peer review comments on proposed rules and incorporating relevant information into final rules. The number of listing actions that we can undertake in a given year also is influenced by the complexity of those listing actions; that is, more complex actions generally are more costly.

        We cannot spend more than is appropriated for the Listing Program without violating the Anti-Deficiency Act (see 31 U.S.C. 1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since then, Congress has placed a statutory cap on funds which may be expended for the Listing Program, equal to the amount expressly appropriated for that purpose in that fiscal year. This cap was designed to prevent funds appropriated for other functions under the Act (e.g., Recovery funds for removing species from the Lists), or for other Service programs, from being used for Listing Program actions (see House Report 105-163, 105th Congress, 1st Session, July 1, 1997). Thus, through the listing cap and the amount of funds needed to address court-mandated listing actions, Congress and the courts have in effect determined the amount of money available for other listing activities. Therefore, the funds in the listing cap, other than those needed to address court-mandated listing actions, set the limits on our ability to fully respond to this petition. When funds become available, we will continue our review of the remaining petitioned species that are not addressed in this finding and publish one or more findings for those species.
        Species Information

        The petitioners presented two tables that collectively listed the 475 species for consideration and requested that the Service incorporate all analyses, references, and documentation provided by NatureServe in its online database into the petition. The information presented by NatureServe (http://www.natureserve.org/explorer/) is found in peer-reviewed professional journal articles and is considered to be a reputable source of scientific information. We judge this source to be reliable with regard to the information it presents.
        We accessed the NatureServe database on July 5, 2007. We saved electronic and hard-copies of each species file and used this information, including references cited within these files, during our review. Therefore, all information we used from the species files in NatureServe was current to that date. All of the petitioned species were ranked by NatureServe as G1 (critically imperiled) or G1G2 (between critically imperiled and imperiled).
        We reviewed all references cited in the NatureServe database species files that were available to us. For some species in NatureServe, there is a “Local Programs” link to the Web sites of the State programs that contribute information to NatureServe. We found this “Local Programs” link to have additional information for very few of the 470 species. We reviewed information in references cited in NatureServe and information readily available in our files, on the Internet, and in local libraries that was directly relevant to the information raised in the petition. For the 21 of the 32 species which were also included in the petition to emergency list dated June 12, 2008, we also used information provided in that petition. Following review of the available information, we separated the 470 species into categories based on the level of information found.
        We were unable to readily locate one or more references, which we believed might contain additional information on threats for 82 of the species. Without review of those references, we could not be certain that we had assigned them to the correct category. Therefore, on May 12, 2008, we sent a letter to the petitioners requesting those references. The petitioners responded with copies of all but three of the requested references or information on how to purchase them. The date we received the last of the references from the petitioners was July 15, 2008. That did not provide us with sufficient time to review those references for 79 of the 82 species, so we have not addressed them in this finding, but we will consider them in one or more future findings. The 270 species included in this finding are listed in Table 1; they fit into four distinct information level categories.

        The first category, titled Category A in Table 1, has only minimal information about each species, and in some cases no more information than the name of the species. An example of a species in this category that had minimal information is a cave obligate spider with no common name (Cicurina travisae). The NatureServe file for this species names the species, states that it is endemic to Texas, and lives in subterrestrial habitat. The file provides one reference (Gertsch 1992), which contains no information on threats to the species, but describes many spiders within the genus. The Gertsch publication describes the physical characteristics of C. travisae, diagrams of body parts, and some locations where it has been found with no information on the level of survey effort to determine its range (Gertsch 1992, p. 101). The magnitude and type of information provided for other species in this category was similar in nature, or was mainly taxonomic without as much locational information. Category A contains 225 species, of which 1 is a vertebrate, 189 are invertebrates, and 35 are plants.

        Occasionally, generic information was presented in the NatureServe species files for a larger group of species we placed in Category A, such as for the class or family the species belongs to, but not specific information on the individual species. The references were taxonomic in nature or simply checklists (lists of species, for example Common and Scientific Names of Fishes from the United States and Canada (Robbins et al. 1991)) or taxonomic keys (which provide anatomical characteristics for identification of species) and did not address threats to the species. An example that illustrates the type of generic information that was presented for such species in Category A is Silver Creek woodlandsnail (Ashmunella binneyi). The NatureServe file for this species states the name of the species and lists one reference that is a checklist of names of aquatic invertebrates from the United States and Canada (Turgeon et al. 1998). The file contains no other information specific to Silver Creek woodlandsnail. The file does describe the basic biology of terrestrial snails (pulmonates) in general stating “terrestrial gastropods do not move much usually only to find food or reproduce” and “as a whole, pulmonates (previously Subclass Pulmonata) are better dispersers than prosobranchs (previously Subclass Prosobranchia) possibly due to their hermaphroditic reproduction increasing the chance of new colonization.” The identical language was used in other NatureServe files for terrestrial snail species, and no specific information was provided about the species or threats to the species or its habitat.
        The information we reviewed for the species in Category B (see Table 1) contained basic information on the range of the species, based on some level of survey effort. Habitat was frequently mentioned as well as other aspects of the species' biology, such as food habitats. Population size or abundance, if addressed, was rarely quantified, and the database instead used descriptors such as large, small, or numerous. The available information we reviewed did not address specific threats to the species. Category B contains 38 species, of which 2 are vertebrates, 25 are invertebrates, and 11 are plants.

        An example of the type of information we found for species in Category B is illustrated by the Animas Mountains tubeshell (Holospira animasensis). The NatureServe file for the Animas Mountains tubeshell provides one reference, which is a published description of the newly discovered species (Gilbertson and Worthington 2003, pp. 220-224). That article describes the physical characteristics of the species and the habitat in which it was discovered. The article does not address threats to the Animas Mountains tubeshell. The NatureServe file for this species cites Gilbertson and Worthington (2003) and states that live individuals are known only from the north slope of a single hill at the north end of Animas Mountains, and that fossil shells were found from sediments exposed in a mine roadcut on the south side of the hill. The file also states, under Global Protection, that no occurrences are appropriately protected and managed, but under Threats, it states that threats are unknown. This information is typical for the species in Category B.
        The information we reviewed for the species in Category C (see Table 1) described one or more threats for the general area, but it did not link the threats to the species or the habitat at the site occupied by the species. Information for species in this category is sometimes provided on distribution, habitat, population size, or other aspects of the species' biology. There are five species in Category C, of which one is an invertebrate and four are plants.

        An example of the type of information we reviewed for Category C species is for Panicum mohavense (Mojave panicgrass), which occurs at one site on a large military base in New Mexico and five sites in Arizona. The NatureServe file states that for the New Mexico site, there is some grazing in the remote area where the species occurs, but that the threat to the species is unknown. The habitat is described for all of the sites, but no threats are mentioned for the sites in Arizona. Ladyman (1999), which was cited in NatureServe, did not name additional threats to the species, but recommended additional surveys to determine habitat requirements and abundance.
        The information we reviewed for the species in Category D (see Table 1) cited one or more threats and generally linked them to the species or its habitat. However, we have no documentation to support significant impacts from the threats. These species are addressed in the Threats Analysis section. There are two species in Category D, both of which are plants.
        This finding addresses the 270 petitioned species that are listed in Table 1. Of the 270 species, 3 are vertebrates, 215 are invertebrates, and 52 are plants.

          Table 1—List of 270 Species Included in This Finding by Category. An Asterisk Denotes Species in the June 12, 2008 Petition to Emergency List 32 Species

            Category
            Scientific name
            Common name
            Range
            Group

            A

              Eurycea sp. 10

            Dolan Falls Salamander
            TX
            vertebrate

            A

              Gammarus pecos

            Pecos Amphipod
            TX
            invertebrate

            A

              Hyalella texana

            Clear Creek Amphipod
            TX
            invertebrate

            A

              Agylla septentrionalis
            A Tiger Moth
            AZ
            invertebrate

            A

              Sonorarctia fervida

            A Tiger Moth
            AZ
            invertebrate

            A

              Ceratopsyche vanaca

            A Caddisfly
            NM
            invertebrate

            A

              Hydroptila abbotti

            A Caddisfly
            TX
            invertebrate

            A

              Neotrichia juani

            A Caddisfly
            TX
            invertebrate

            A

              Neotrichia sonora

            A Caddisfly
            TX
            invertebrate

            A

              Taeniopteryx starki

            Texas Willowfly
            TX
            invertebrate

            A

              Melanoplus chiricahuae

            A Spur-throat Grasshopper
            AZ
            invertebrate

            A

              Melanoplus pinaleno

            A Spur-throat Grasshopper
            AZ
            invertebrate

            A

              Agathon arizonicus

            A Net-winged Midge
            AZ
            invertebrate

            A

              Isoperla sagittata

            A Stonefly
            TX
            invertebrate

            A

              Phreatodrobia conica

            Hueco Cavesnail
            TX
            invertebrate

            A

              Pyrgulopsis sola

            Brown Springsnail
            AZ
            invertebrate

            A

              Pyrgulopsis sp. 2

            Mimbres Springsnail
            NM
            invertebrate

            A

              Stygopyrgus bartonensis

            Barton Cavesnail
            TX
            invertebrate

            A

              Texapyrgus longleyi

            Striated Hydrobe
            TX
            invertebrate

            A

              Tryonia brunei

            Brune Spring Snail
            TX
            invertebrate

            A

              Tryonia diaboli

            Devil Tryonia
            TX
            invertebrate

            A

              Ashmunella animasensis

            Animas Peak Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella ashmuni

            Jemez Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella bequaerti

            Goat Cave Woodlandsnail
            TX
            invertebrate

            A

              Ashmunella binneyi

            Silver Creek Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella danielsi

            Whitewater Creek Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella edithae

            Mckittrick Woodlandsnail
            TX
            invertebrate

            A

              Ashmunella ferrissi

            Reed's Mountain Woodlandsnail
            AZ
            invertebrate

            A

              Ashmunella lenticula

            Horseshoe Canyon Woodlandsnail
            AZ
            invertebrate

            A
            Ashmunella mendax
            Iron Creek Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella mogollonensis

            Mogollon Woodlandsnail
            AZ
             invertebrate

            A

              Ashmunella mudgei

            Sawtooth Mountain Woodlandsnail
            TX
            invertebrate

            A

              Ashmunella pilsbryana

            Blue Mountain Woodlandsnail
            AZ
            invertebrate

            A

              Ashmunella pseudodonta

            Capitan Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella rileyensis

            Mount Riley Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella salinasensis

            Salinas Peak Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella todseni

            Maple Canyon Woodlandsnail
            NM
            invertebrate

            A

              Ashmunella walkeri

            Florida Mountain Woodlandsnail
            NM
            invertebrate

            A

              Coelostemma pyrgonasta

            Bishop Cap Tubesnail
            NM
            invertebrate

            A

              Daedalochila scintilla

            A Terrestrial Snail
            TX
            invertebrate

            A

              Gastrocopta prototypus

            Sonoran Snaggletooth
            AZ, NM
            invertebrate

            A

              Gastrocopta ruidosensis

            Ruidoso Snaggletooth
            KS, NE, NM, OK, TX
            invertebrate

            A

              Holospira cockerelli

            Cockerell Holospira
            NM
            invertebrate

            A

              Holospira metcalfi

            Metcalf Holospira
            NM
            invertebrate

            A

              Holospira sherbrookei

            Silver Creek Holospira
            AZ
            invertebrate

            A

              Humboldtiana fullingtoni

            Capote Threeband
            TX
            invertebrate

            A

              Naesiotus christenseni

            Santa Rita Rabdotus
            AZ
            invertebrate

            A

              Nesovitrea suzannae

            Live Oak Glass
            TX
            invertebrate

            A

              Oreohelix barbata

            Bearded Mountainsnail
            AZ, NM
            invertebrate

            A

              Oreohelix confragosa

            Pinos Altos Mountainsnail
            NM
            invertebrate

            A

              Oreohelix houghi

            Diablo Mountainsnail
            AZ, NM
            invertebrate

            A

              Oreohelix litoralis

            San Agustin Mountainsnail
            NM
            invertebrate

            A

              Oreohelix magdalenae

            Magdalena Mountainsnail
            NM
            invertebrate

            A

              Oreohelix swopei

            Morgan Creek Mountainsnail
            NM, WY
            invertebrate

            A

              Pallifera tournescalis

            Ouachita Mantleslug
            OK
            invertebrate

            A

              Paravitrea alethia

            Goddess Supercoil
            TN, TX
            invertebrate

            A

              Patera leatherwoodi

            Pedernales Oval
            TX
            invertebrate

            A

              Philomycus batchi

            Dusky Mantleslug
            OK
            invertebrate

            A

              Philomycus bisdodus

            Grayfoot Mantleslug
            OK
            invertebrate

            A

              Sonorella anchana

            Sierra Ancha Talussnail
            AZ
            invertebrate

            A

              Sonorella animasensis

            Animas Talussnail
            NM
            invertebrate

            A

              Sonorella apache

            Apache Talussnail
            AZ
            invertebrate

            A

              Sonorella bagnarai

            Rincon Talussnail
            AZ
            invertebrate

            A

              Sonorella bartschi

            Escabrosa Talussnail
            AZ
            invertebrate

            A

              Sonorella binneyi

            Horseshoe Canyon Talussnail
            AZ
            invertebrate

            A

              Sonorella bowiensis

            Quartzite Hill Talussnail
            AZ, CA
            invertebrate

            A

              Sonorella bradshaveana

            Bradshaw Talussnail
            AZ
            invertebrate

            A

              Sonorella clappi

            Madera Talussnail
            AZ
            invertebrate

            A

              Sonorella coltoniana

            Walnut Canyon Talussnail
            AZ
            invertebrate

            A

              Sonorella compar

            Oak Creek Talussnail
            AZ
            invertebrate

            A

              Sonorella dalli

            Garden Canyon Talussnail
            AZ
            invertebrate

            A

              Sonorella delicata

            Tollhouse Canyon Talussnail
            AZ
            invertebrate

            A

              Sonorella dragoonensis

            Stronghold Canyon Talussnail
            AZ
            invertebrate

            A

              Sonorella ferrissi

            Dragoon Talussnail
            AZ
            invertebrate

            A
            Sonorella imperatrix

            Total Wreck Talussnail
            AZ
            invertebrate

            A

              Sonorella imperialis

            Empire Mountain Talussnail
            AZ
            invertebrate

            A

              Sonorella insignis

            Whetstone Talussnail
            AZ
            invertebrate

            A

              Sonorella meadi

            Aqua Dulce Talussnail
            AZ
            invertebrate

            A

              Sonorella micromphala

            Milk Ranch Talussnail
            AZ
            invertebrate

            A

              Sonorella reederi

            Rampart Talussnail
            AZ
            invertebrate

            A

              Sonorella russelli

            Black Mesa Talussnail
            AZ
            invertebrate

            A

              Sonorella tryoniana

            Sanford Talussnail
            AZ
            invertebrate

            A

              Sonorella vespertina

            Evening Talussnail
            AZ
            invertebrate

            A

              Sonorella waltoni

            Doubtful Canyon Talussnail
            AZ
            invertebrate

            A

              Vertigo berryi

            Rotund Vertigo
            AZ, CA
            invertebrate

            A*

              Vertigo binneyana

            Cylindrical Vertigo
            CAN: BC, MB, ON; USA: IA, KS, MT, NM
            invertebrate

            A

              Cisthene conjuncta

            A Tiger Moth
            TX
            invertebrate

            A

              Catinella texana

            A Terrestrial Snail
            LA, TX
            invertebrate

            A

              Artesia subterranea

            A Cave Obligate Amphipod
            TX
            invertebrate

            A

              Artesia welbourni

            A Cave Obligate Amphipod
            TX
            invertebrate

            A

              Caecidotea adenta

            A Cave Obligate Isopod
            OK
            invertebrate

            A

              Caecidotea bisetus

            A Cave Obligate Isopod
            TX
            invertebrate

            A

              Holsingerius smaragdinus

            A Cave Obligate Amphipod
            TX
            invertebrate

            A

              Seborgia hershleri

            A Cave Obligate Amphipod
            TX
            invertebrate

            A

              Stygobromus bowmani

            Bowman's Cave Amphipod
            OK
            invertebrate

            A

              Stygobromus reddelli
            Reddell's Cave Amphipod
            TX
            invertebrate

            A

              Batrisodes grubbsi

            A Beetle
            TX
            invertebrate

            A

              Rhadine austinica

            A Cave Obligate Beetle
            TX
            invertebrate

            A

              Rhadine insolita

            A Cave Obligate Beetle
            TX
            invertebrate

            A

              Rhadine noctivaga

            A Cave Obligate Beetle
            TX
            invertebrate

            A

              Rhadine russelli

            A Cave Obligate Beetle
            TX
            invertebrate

            A

              Alexicles aspersa

            A Tiger Moth
            AZ, NM
            invertebrate

            A

              Lepidostoma ozarkense

            A Caddisfly
            AR, OK
            invertebrate

            A

              Neotrichia mobilensis

            A Caddisfly
            AL, TX
            invertebrate

            A

              Ochrotrichia guadalupensis

            A Caddisfly
            TX
            invertebrate

            A

              Melanoplus alexanderi

            A Grasshopper
            TX
            invertebrate

            A

              Melanoplus magdalenae

            A Spur-throat Grasshopper
            AZ, NM
            invertebrate

            A

              Baetodes alleni

            A Mayfly
            TX
            invertebrate

            A

              Thalkethops grallatrix

            A Cave Obligate Centipede
            NM
            invertebrate

            A

              Balconorbis uvaldensis

            Balcones Ghostsnail
            TX
            invertebrate

            A

              Phreatoceras taylori

            Nymph Trumpet
            TX
            invertebrate

            A

              Phreatodrobia coronae

            A Cavesnail
            TX
            invertebrate

            A

              Phreatodrobia rotunda

            Beaked Cavesnail
            TX
            invertebrate

            A

              Ashmunella chiricahuana

            Cave Creek Woodlandsnail
            AZ
            invertebrate

            A

              Ashmunella esuritor

            Barfoot Woodlandsnail
            AZ
            invertebrate

            A

              Ashmunella lepiderma

            Whitetail Woodlandsnail
            AZ
            invertebrate

            A

              Ashmunella rhyssa

            Sierra Blanca Woodlandsnail
            NM
            invertebrate

            A

              Deroceras heterura

            Marsh Slug
            NM
            invertebrate

            A

              Holospira tantalus

            Teasing Holospira
            AZ
            invertebrate

            A

              Holospira whetstonensis

            Whetstone Holospira
            AZ
            invertebrate

            A

              Neohelix lioderma

            Tulsa Whitelip
            OK
            invertebrate

            A

              Sonorella caerulifluminis

            Blue Talussnail
            AZ
            invertebrate

            A

              Sonorella micra

            Pygmy Sonorella
            AZ
            invertebrate

            A

              Sonorella neglecta

            Portal Talussnail
            AZ
            invertebrate

            A

              Apocheiridium reddelli

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Archeolarca guadalupensis

            Guadalupe Cave Pseudoscorpion
            TX
            invertebrate

            A

              Archeolarca welbourni

            A Cave Obligate Pseudoscorpion
            AZ
            invertebrate

            A

              Cheiridium reyesi

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Chitrella elliotti

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Chitrella major

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Chitrella welbourni

            A Cave Obligate Pseudoscorpion
            NM
            invertebrate

            A

              Cicurina barri

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina caverna

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina coryelli

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina cueva

            A Cave Spider
            TX
            invertebrate

            A

              Cicurina ezelli

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina gruta

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina holsingeri

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina machete

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina mckenziei

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina medina

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina menardia

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina obscura

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina orellia

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina pablo

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina pastura

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina patei

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina porteri

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina puentecilla

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina rainesi

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina reclusa

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina reddelli

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina reyesi

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina russelli

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina sansaba

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina selecta

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina serena

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina sheari

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina sprousei

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina stowersi

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina suttoni

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina travisae

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina ubicki

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina uvalde

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina venefica

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina vibora

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Cicurina watersi

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Leucohya texana

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Mexichthonius exoticus

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Neoallochernes incertus

            A Cave Obligate Pseudoscorpion
            NM
            invertebrate

            A

              Neoleptoneta concinna

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Neoleptoneta devia

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Neoleptoneta valverde

            A Cave Obligate Spider
            TX
            invertebrate

            A

              Pseudogarypus hypogeus

            A Cave Obligate Pseudoscorpion
            AZ
            invertebrate

            A

              Tartarocreagris intermedia

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Texella brevidenta

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella brevistyla

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella diplospina

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella fendi

            A Harvestman
            TX
            invertebrate

            A

              Texella grubbsi

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella hardeni

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella renkesae

            A Cave Obligate Harvestman
            TX
            invertebrate

            A

              Texella welbourni

            A Cave Obligate Harvestman
            NM
            invertebrate

            A

              Tuberochernes ubicki

            A Cave Obligate Pseudoscorpion
            AZ
            invertebrate

            A

              Tyrannochthonius troglodytes

            A Cave Obligate Pseudoscorpion
            TX
            invertebrate

            A

              Holospira millestriata

            A Terrestrial Snail
            AZ
            invertebrate

            A

              Succinea pseudavara

            A Terrestrial Snail
            KS, OK
            invertebrate

            A

              Apatania arizona

            A Caddisfly
            AZ
            invertebrate

            A

              Chimarra holzenthali

            A Caddisfly
            LA, TX
            invertebrate

            A

              Chimarra primula

            A Caddisfly
            AZ
            invertebrate

            A

              Catapyrenium granulosum

            No common name
            NM
            lichens

            A

              Xanthoparmelia dissensa

            No common name
            AZ, NM
            lichens

            A

              Cirsium rusbyi

            Rusby's Thistle
            AZ
            plant

            A

              Lupinus lemmonii

            Lemmon's Lupine
            AZ
            plant

            A

              Aconitum infectum

            Arizona Monkshood
            AZ
            plant

            A

              Centaurium blumbergianum

            Blumberg Rosita
            TX
            plant

            A

              Crataegus nananixonii

            Nixon's Hawthorn
            TX
            plant

            A

              Eleocharis brachycarpa

            Short-fruited Spikerush
            TX
            plant

            A

              Opuntia martiniana

            Seashore Cactus
            AZ
            plant

            A

              Tetraneuris verdiensis

            No common name
            AZ
            plant

            A

              Fissidens littlei

            No common name
            NM
            plant

            A

              Arabis tricornuta

            Rincon Mountain Rockcress
            AZ
            plant

            A

              Camissonia gouldii

            Diamond Valley Suncup
            AZ, UT
            plant

            A

              Lesquerella lata

            Lincoln County Bladderpod
            NM
            plant

            A

              Dryopteris rossii

            Ros's Woodfern
            AZ
            plant

            A

              Talinum gooddingii

            Goodding's Flameflower
            AZ
            plant

            A

              Cuscuta dentatasquamata

            Los Pinitos Dodder
            AZ
            plant

            A

              Potentilla albiflora

            White-flowered Cinquefoil
            AZ
            plant

            A

              Agalinis calycina

            Leoncita False Foxglove
            TX, NM
            plant

            A

              Arida mattturneri

            No Common Name
            TX
            plant

            A

              Eriogonum terrenatum

            San Pedro River Wild Buckwheat
            AZ
            plant

            A

              Hedyotis butterwickiae

            Mary's Bluet
            TX
            plant

            A

              Machaeranthera gypsitherma

            Gypsum Hotspring Aster
            NM, TX
            plant

            A

              Matelea texensis

            Trans Pecos Matelea
            TX
            plant

            A

              Mentzelia memorabalis

            September 11 Stickleaf
            AZ
            plant

            A*

              Paronychia maccartii

            Mccart's Whitlow-wort
            TX
            plant

            A

              Perityle fosteri

            Foster's Rockdaisy
            TX
            plant

            A

              Perityle vitreomontana

            Glass Mountains Rockdaisy
            TX
            plant

            A

              Physalis latiphysa

            Broad-leaf Ground-cherry
            AZ
            plant

            A*

              Pseudoclappia watsonii

            Watson's False-clappia
            TX
            plant

            A

              Scutellaria laevis

            Smooth-stem Skullcap
            TX
            plant

            A

              Senecio quaylei

            Quayle's Ragwort
            TX
            plant

            A

              Yucca cernua

            TX
            plant

            A

              Camissonia confertiflora

            Bunch Flower Evening Primrose
            AZ
            plant

            A

              Thelypodium tenue

            Fresno Creek Thelypody
            TX
            plant

            B

              Menidia clarkhubbsi

            Texas Silverside
            TX
            vertebrate

            B

              Syngnathus affinis

            Texas Pipefish
            TX
            vertebrate

            B*

              Procambarus nueces

            Nueces Crayfish
            TX
            invertebrate

            B*

              Isoperla jewetti
            A Stonefly
            CO, NM, TX
            invertebrate

            B

              Juturnia tularosae

            Tularosa Juturnia
            NM
            invertebrate

            B

              Ashmunella harrisi

            Goat Mountain Woodlandsnail
            NM
            invertebrate

            B

              Humboldtiana agavophila

            Agave Threeband
            TX
            invertebrate

            B

              Humboldtiana chisosensis

            Chisos Threeband
            TX
            invertebrate

            B

              Hemigrapsus oregonensis

            Yellow Shore Crab
            TX
            invertebrate

            B

              Streptocephalus thomasbowmani

            Bowman's Fairy Shrimp
            NM
            invertebrate

            B

              Stygobromus blinni

            Blinn's Amphipod
            AZ
            invertebrate

            B

              Stygobromus boultoni

            Boulton's Amphipod
            AZ
            invertebrate

            B

              Stygobromus curroae

            Curro's Amphipod
            NM
            invertebrate

            B

              Stygobromus dejectus

            Cascade Cave Amphipod
            TX
            invertebrate

            B

              Stygobromus hadenoecus

            Devil's Sinkhole Amphipod
            TX
            invertebrate

            B

              Stygobromus jemezensis

            Jemez Mountains Amphipod
            NM
            invertebrate

            B

              Culoptila kimminsi

            A Caddisfly
            AZ
            invertebrate

            B

              Culoptila moselyi

            A Caddisfly
            AZ
            invertebrate

            B

              Ochrotrichia weddleae

            A Caddisfly
            AR, OK
            invertebrate

            B*

              Fallceon eatoni

            A Mayfly
            AZ
            invertebrate

            B

              Holospira animasensis

            Animas Mountains Tubeshell
            NM
            invertebrate

            B

              Cicurina bandida

            Bandit Cave Spider
            TX
            invertebrate

            B

              Cicurina browni

            A Cave Obligate Spider
            TX
            invertebrate

            B

              Eidmannella bullata

            A Cave Obligate Spider
            TX
            invertebrate

            B

              Eidmannella delicata

            A Cave Obligate Spider
            TX
            invertebrate

            B

              Eidmannella nasuta

            A Cave Obligate Spider
            TX
            invertebrate

            B

              Eidmannella reclusa

            A Cave Obligate Spider
            TX
            invertebrate

            B*

              Donrichardsia macroneuron

            No Common Name
            TX
            plant

            B

              Erigeron kuschei

            Chiricahua Fleabane
            AZ
            plant

            B

              Perityle ambrosiifolia

            Lace-leaf Rockdaisy
            AZ
            plant

            B

              Perityle ajoensis

            Ajo Rockdaisy
            AZ
            plant

            B

              Townsendia smithii

            Black Rock Ground-daisy
            AZ
            plant

            B*

              Proboscidea spicata

            Many-flowered Unicorn-plant
            TX
            plant

            B

              Sclerocactus sileri

            Siler's Fishhook Cactus
            AZ
            plant

            B

              Silene rectiramea

            Grand Canyon Catchfly
            AZ
            plant

            B

              Viola guadalupensis

            Guadalupe Mountains Violet
            TX
            plant

            B

              Cyperus cephalanthus

            Cryptic Flatsedge
            LA, TX
            plant

            B

              Lechea mensalis

            Chisos Pinweed
            TX
            plant

            C

              Procambarus steigmani

            Parkhill Prairie Crayfish
            TX
            invertebrate

            C

              Houstonia correllii

            Correll's Bluet
            TX
            plant

            C

              Panicum mohavense

            Mojave Panicgrass
            AZ, NM
            plant

            C

              Paronychia lundelliorum

            Lundell's Nailwort
            TX
            plant

            C

              Erigeron heliographis

            Heliograph Peak Fleabane
            AZ
            plant

            D

              Erigeron hessii

            Hess' Fleabane
            NM
            plant

            D

              Cymopterus beckii

            Pinnate Spring-parsley
            AZ, UT
            plant

        Threats Analysis
        Section 4 of the Act (16 U.S.C. 1533) and its implementing regulations (50 CFR 424) set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. A species, subspecies, or distinct population segment of vertebrate taxa may be determined to be endangered or threatened due to one or more of the five factors described in section 4(a)(1) of the Act: (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) inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence.
        In making this 90-day finding, we evaluated whether information on threats to the 270 species, as presented in the petition and other readily available information at the time of the petition review, is substantial, thereby indicating that the petitioned action may be warranted. Our evaluation of this information is presented below.
        A. Present or Threatened Destruction, Modification, or Curtailment of the Species' Habitat or Range
        For those species we placed in Categories A, B, and C, no information was presented on threats to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that the present or threatened destruction, modification, or curtailment of the species' habitat or range is a threat to any of the 268 species in Categories A, B, and C. For one of the two plant species in Category D (Table 1), information related to habitat impacts at one or more occupied sites is presented.

          Cymopterus beckii (pinnate spring-parsley) occurs in 1 area in Arizona and in 2 areas in Utah; within the 2 areas in Utah, it is known to occur at more than 40 sites, most discovered in the past 10 years. NatureServe (http://www.natureserve.org/explorer/) cites park visitor impacts, presumably trampling, as a potential threat at Capitol Reef National Park in Utah. However, following 3 years of intensive surveys in the 2 Utah areas where the species was found at 42 new sites, Clark (2002, p. 49) stated that the majority of the new sites are in remote locations with difficult accessibility that serves to protect the plants from human disturbance. No additional threats were identified for those new sites, and we found no information about threats to the species in Arizona (Arizona Game and Fish Department 2004, p. 4). Therefore, we find the petition and supporting information does not present substantial scientific or commercial information to indicate C. beckii is threatened by the present or threatened destruction, modification, or curtailment of its habitat or range.
        B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes
        For those species we placed in Categories A, B, and C, no information was presented on threats to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that overutilization for commercial, recreational, scientific, or educational purposes is a threat to 268 of the 270 species. For one of the two plants in Category D (Table 1), information related to overutilization for recreational use at one or more occupied sites is presented. This information is discussed below.

          Erigeron hessii (Hess' fleabane) is known from two sites in a Wilderness Area on the Gila National Forest in New Mexico. Plants are scattered in crevices of exposed rock (Nesom 1978, p. 443). The known sites are in a remote area (Sivinski 1998, p. 2). The NatureServe file contains a statement that at one of the sites, those plants that occur on a scenic overlook at the top of the outcrop that is occupied by the species may be trampled by hikers. No references are cited for this statement, and none of the references cited in the NatureServe file mention trampling by hikers (Kartez 1994; Nesom 1978; New Mexico Native Plant Protection Advisory Committee (NMPPAC 1984, p. 28); Sivinski 1998; Sivinski and Lightfoot 1995), although Nesom (1978, p. 443) and NMPPAC (1984, p. 28) state that at one site, it occurs along one or more trails. Robert Sivinski is the sole State-employed botanist in New Mexico responsible for rare plants in the State. He leads the New Mexico Rare Plant Technical Committee (NMRPTC), formerly the NMPPAC, which meets regularly to review and update information on the status of rare New Mexico plants. Sivinski (1998), which is cited in NatureServe, appeared on the NMRTPC Web site in 1998, but is currently not readily available. In the 2008 version on the NMRTPC Web site that was accessed by the Service on March 4, 2008 at http://nmrareplants.unm.edu/rarelist.php, it states that there are no current land uses that threaten the species and points out that it is within a Wilderness Area, where major ground disturbing activities are prohibited. The NMPPAC (1984, p. 28) stated that no threats were known. The NMRPTC 2008 Web site also provides a recommendation that surveys be conducted for the species at additional suitable rock outcrops in the area.
        For Erigeron hessii, we find that although a specific threat to each species was mentioned in NatureServe for a single site or area, additional substantial information was presented in cited references or was readily available to us that the species is not threatened by overutilization for recreational purposes. Therefore, the petition does not present substantial information that overutilization for commercial, recreational, scientific, or educational purposes is a threat to this species.
        C. Disease or Predation
        For those species we placed in Categories A, B, and C, no information was presented on threats to the species or their habitats; therefore we find the petition, including all available references and the NatureServe species files, does not present substantial information that disease or predation is a threat to any of the 268 species in Categories A, B, and C. For the two remaining species in Category D, no information on threats due to disease or predation was presented. Therefore we find that the petition does not present substantial scientific or commercial information that the petitioned action may be warranted due to threats from this factor.
        D. Inadequacy of Existing Regulatory Mechanisms
        The petition discusses the lack of protection under the Act for the petitioned species, stating that unless a species is listed as threatened or endangered under the Act, it receives no protections from the statute. The petition provides no information addressing any other State or Federal regulations, and no information about the inadequacy of existing regulatory mechanisms.

        The petitioner's claim that we could afford more protection to these petitioned species if they were listed under the Act does not provide substantial information that the existing regulatory mechanisms are inadequate. As the petitioner acknowledges, under 16 U.S.C. 1533(b)(1)(A), we must reach our determination solely on the basis of the best scientific and commercial data available. The petition did not present any specific information related to other Federal, State, or local government regulatory mechanisms that may exist to provide regulatory protections for the 270 species or their respective habitats. Therefore, we conclude that the petition does not present substantial information that any of the 270 species may warrant listing due to inadequacy of existing regulatory mechanisms.
        E. Other Natural or Manmade Factors Affecting the Species' Continued Existence
        While we recognize that many of the species contained within the NatureServe database have limited distribution or small population size, limited distribution and population size were not identified as threats faced by the any of the 270 species in the petition, including all available references and the NatureServe species files and these two factors alone without elaboration may not be substantial information that may warrant listing under the Act. No other information that could be categorized under Factor E was presented in the petition or was readily available to us for the species in any of the four categories. Therefore, we conclude that the petition does not present substantial information that other natural or manmade factors affecting the species' continued existence are a threat to any of the 270 species.
        Finding

        We have reviewed and evaluated the five listing factors with regard to 270 of the 475 petitioned species, based on the information in the petition and the literature cited in the petition, and we have evaluated the information to determine whether the sources cited support the claims made in the petition. We also reviewed reliable information that was readily available to us. Based on this review and evaluation, we find that the petition does not present substantial scientific or commercial information that listing these 270 species as threatened or endangered under the Act may be warranted. For 8 of the 32 species we were petitioned in 2008 to emergency list, we also find that the 2007 petition, the 2008 petition, NatureServe, references cited in the petitions and in NatureServe, and information readily available to us did not present substantial information that emergency listing those 8 species is warranted. Although we will not commence a status review in response to 270 of the 475 species petitioned in 2007 and 8 of the 32 species petitioned in 2008, we will continue to accept information and materials regarding any of the 270 species at our Southwest Regional Ecological Services Office (see
          ADDRESSES). Further, as indicated previously, we will address the remaining 200 species in future findings.
        References Cited

        A complete list of references cited is available on the Internet at http://www.regulations.gov and upon request from the Southwest Regional Ecological Services Office (see
          ADDRESSES).
        Author

        The primary authors of this document are the staff members of the Southwest Regional Ecological Services Office (see
          ADDRESSES).
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (U.S.C. 1531 et seq.).

          Dated: December 23, 2008.
          Kenneth Stansell,
          Acting Deputy Director, U.S. Fish and Wildlife Service.

      [FR Doc. E8-31454 Filed 1-5-09; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        RIN 0648-BB33
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 18

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of availability; request for comments.

          SUMMARY:
          NMFS announces that the Gulf of Mexico (Gulf) and South Atlantic Fishery Management Councils (Councils) have submitted Amendment 18 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region (FMP) for review, approval, and implementation by NMFS. The amendment proposes actions to remove species from the FMP; modify the framework procedures; establish two migratory groups for cobia; and establish annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs) for king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18 proposes to set allocations and establish control rules for Atlantic group cobia and revise definitions for management thresholds for Atlantic migratory groups.

          DATES:
          Written comments must be received on or before November 28, 2011.

          ADDRESSES:
          You may submit comments on the amendment identified by “NOAA-NMFS-2011-0223” by any of the following methods:
          • Electronic submissions: Submit electronic comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: All comments received are a 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.

          To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on “submit a comment,” then enter “NOAA-NMFS-2011-0223” in the keyword search and click on “search.” To view posted comments during the comment period, enter “NOAA-NMFS-2011-0223” in the keyword search and click on “search.” NMFS will accept anonymous comments (enter N/A in the required field if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
          Comments received through means not specified in this rule will not be considered.

          Electronic copies of the amendment may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
          Susan Gerhart, telephone: 727-824-5305, or e-mail: susan.gerhart@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to NMFS for review and approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment.
        The FMP being revised by this amendment was prepared by the Councils and implemented through regulations at 50 CFR parts 622 under the authority of the Magnuson-Stevens Act.
        Background
        The 2006 revisions to the Magnuson-Stevens Act require that by 2011, for fisheries determined by the Secretary to not be subject to overfishing, ACLs and AMs must be established at a level that prevents overfishing and helps to achieve optimum yield (OY). These mandates are intended to ensure fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. Guidance also requires fishery management councils to establish a control rule to determine allowable biological catch (ABC).
        Currently two migratory groups of king mackerel and Spanish mackerel are established; the Gulf migratory group and the Atlantic migratory group. The Gulf Council determines management measures for the Gulf migratory groups and the South Atlantic Council determines management measures for the Atlantic migratory groups.
        Management Measures Contained in Amendment 18
        Actions in Amendment 18 would remove four species from the FMP; modify the framework procedures; establish two migratory groups for cobia; and establish ACLs, ACTs, and AMs for each migratory group of king mackerel, Spanish mackerel, and cobia. In addition, Amendment 18 would set allocations and establish control rules for Atlantic group cobia and revise definitions for management thresholds for Atlantic migratory groups.
        Removal of Species From the FMP
        Species currently in the FMP include king mackerel, Spanish mackerel, cobia, cero, little tunny, dolphin, and bluefish (Gulf only). At present, only king mackerel, Spanish mackerel, and cobia have associated Federal regulatory text; the other species are in the FMP for data collection purposes only. Even though dolphin are in the Coastal Migratory Pelagic FMP, in the Atlantic they are managed under a different FMP. Amendment 18 proposes to remove cero, little tunny, dolphin, and bluefish from the Coastal Migratory Pelagic FMP. The Councils and NMFS have determined these species are not in need of Federal management at this time. If landings or effort change for any of these species and the Councils determine management at the Federal level is needed, these species could be added back into the FMP at a later date.
        Cobia Migratory Groups
        Although there is mixing of cobia from the Gulf and the Atlantic, scientific data indicate there are at least two separate migratory groups in the Gulf and Atlantic. Amendment 18 would establish two migratory groups for cobia with the boundary at the line of demarcation between the Gulf exclusive economic zone (EEZ) and the South Atlantic EEZ. ACLs and AMs would be established separately for each group by the responsible Council.
        ABCs, ACLs, and AMs
        The Councils accepted ABC control rules for Gulf migratory groups of king mackerel, Spanish mackerel, and cobia, and for the Atlantic migratory group of cobia, based on the control rule recommended by the Gulf Council's Scientific and Statistical Committee (SSC). They accepted ABC control rules for Atlantic migratory groups of king mackerel and Spanish mackerel based on the control rule recommended by the South Atlantic Council's SSC. For all species, Amendment 18 proposes ACLs equal to the ABC. For purposes of tracking the ACL for king and Spanish mackerel, landings will be evaluated based on the commercial fishing year. Recreational landings for all Atlantic species will be evaluated based on a moving multi-year average of landings, as described in the FMP.
        Gulf Migratory Group King Mackerel
        For Gulf migratory group king mackerel, Amendment 18 proposes separate ACLs and AMs for the commercial and recreational sectors based on sector allocations. The commercial sector would close by zone, subzone, or gear type when the commercial quota for the applicable zone, subzone, or gear type is reached or is projected to be reached. In addition, current trip limit adjustments would remain in place. For the recreational sector, the NMFS Regional Administrator would have the authority to reduce the bag and possession limit to zero if the recreational allocation (recreational ACL) is reached or projected to be reached.
        Atlantic Migratory Group King Mackerel
        For Atlantic migratory group king mackerel, Amendment 18 proposes separate ACLs for the commercial and recreational sectors based on sector allocations. Amendment 18 also proposes a stock ACL and an ACT for the recreational sector. The commercial sector would close when the commercial ACL is reached or projected to be reached. For the recreational sector, if the stock ACL is exceeded in any year, the bag limit would be reduced the next fishing year by the amount necessary to ensure that recreational landings may achieve the recreational ACT, but do not exceed the recreational ACL in the following fishing year. A sector specific payback would be assessed if Atlantic migratory group king mackerel are determined to be overfished and the stock ACL is exceeded.
        Gulf Migratory Group Spanish Mackerel

        For Gulf migratory group Spanish mackerel, Amendment 18 proposes stock ACLs and AMs. Both the commercial and recreational sectors would close when the stock ACL is reached or projected to be reached.

        Atlantic Migratory Group Spanish Mackerel
        For Atlantic migratory group Spanish mackerel, Amendment 18 proposes separate ACLs for the commercial and recreational sectors based on sector allocations. Amendment 18 also proposes an ACT for the recreational sector. The commercial sector would close when the commercial quota is reached or projected to be reached. In addition, current trip limit adjustments would remain in place. For the recreational sector, if the stock ACL is exceeded in any year, the bag limit would be reduced the next fishing year by the amount necessary to ensure recreational landings may achieve the recreational ACT, but do not exceed the recreational ACL in the following fishing year. A sector specific payback would be assessed if the Atlantic migratory group Spanish mackerel are determined to be overfished and the stock ACL is exceeded.
        Gulf Migratory Group Cobia
        For Gulf migratory group cobia, Amendment 18 proposes stock ACLs and AMs. A stock ACT is proposed that is 90 percent of the ACL. Both the commercial and recreational sectors would close when the stock ACT is reached or projected to be reached.
        Atlantic Migratory Group Cobia
        For Atlantic migratory group cobia, Amendment 18 proposes separate ACLs for the commercial and recreational sectors based on sector allocations. Because sector allocations do not currently exist for cobia, the amendment proposes an allocation of 8 percent of the ACL for the commercial sector and 92 percent of the ACL for the recreational sector, based on landings. Amendment 18 also proposes an ACT for the recreational sector.
        The commercial sector would close when the commercial ACL is reached or projected to be reached. For the recreational sector, if the stock ACL is exceeded in any year, the fishing season would be reduced the following year by the amount necessary to ensure recreational landings may achieve the recreational ACT, but do not exceed the recreational ACL in the following fishing year. A sector specific payback would be assessed if Atlantic migratory group cobia are determined to be overfished and the stock ACL is exceeded.
        Modify the Current Definitions for Management Thresholds for South Atlantic Migratory Groups
        Amendment 18 would revise definitions of maximum sustainable yield, OY, minimum stock size threshold and maximum fishing mortality threshold for Atlantic migratory group king mackerel, Spanish mackerel, and cobia.
        Modification of Generic Framework Procedures
        To facilitate timely adjustments to harvest parameters and other management measures, the Councils have added the ability to adjust ACLs and AMs, and establish and adjust target catch levels, including ACTs, to the current framework procedures. The proposed addition of other management options into the framework procedures would also add flexibility and the ability to more timely respond to certain future Council decisions through the framework procedures.
        Consideration of Public Comments

        A proposed rule that would implement measures outlined in Amendment 18 has been received from the Councils. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.
        Comments received by November 28, 2011, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule.

          Authority:
           16 U.S.C. 1801 et seq.

          Dated: September 23, 2011.
          Emily H. Menashes,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2011-25161 Filed 9-28-11; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [FWS-R1-ES-2008-0095; 92220-1113-0000-C5]
        Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the California, Oregon, and Washington Population of the Marbled Murrelet (Brachyramphus marmoratus) From the List of Endangered and Threatened Wildlife

          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 remove the California, Oregon, and Washington population of the marbled murrelet (Brachyramphus marmoratus) from the Federal List of Endangered and Threatened Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial information indicating that the petitioned action may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the marbled murrelet, which will also serve as our 5-year status review for the species. Concurrent with making our 12-month finding on the petition and conducting a 5-year status review, we intend to review the rangewide status of the species, and if necessary, the configuration and status of any distinct population segments. To ensure a comprehensive review, we are soliciting scientific and commercial data and other information on the marbled murrelet relevant to its listing status under the Act. At the conclusion of our status review, we will issue a 12-month finding on the petition.

          DATES:
          We made the finding announced in this document on October 2, 2008. To allow us adequate time to conduct this review, we request that we receive information on or before December 1, 2008.

          ADDRESSES:
          You may submit information by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R1-ES-2008-0095, 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 information received at 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 details).

          FOR FURTHER INFORMATION CONTACT:
          Ken Berg, Manager, Western Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service, 510 Desmond Drive SE., Suite 102, Lacey, WA 98503; telephone 360-753-6039; facsimile at 360-753-9405. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Information Solicited
        When we make a finding that a petition presents substantial information to indicate that listing, delisting, or reclassifying 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 concerning the status of the marbled murrelet. We request information from the public, other concerned governmental agencies, Native American tribes, the scientific community, agricultural and forestry groups, conservation groups, industry, or any other interested parties concerning the status of the marbled murrelet, including but not limited to information on:
        (1) Discreteness and significance of the marbled murrelet in California, Oregon, and Washington in light of our distinct population segment (DPS) policy (61 FR 4722; February 7, 1996).
        (2) Discreteness, significance, and status of other portions of the marbled murrelet's range.
        (3) Differences or similarities in regulatory protection for marbled murrelets in the United States and Canada.
        (4) The status, distribution, or population trends of the marbled murrelet throughout all or significant portions of its range.
        (5) Ongoing conservation measures for the species and its habitat.
        (6) Threats to the marbled murrelet and its habitat throughout all or a significant portion of its range.

        Please note that submissions merely stating support for 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 (16 U.S.C. 1531 et seq.) directs that a determination 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 issue the 12-month finding on the petition, as provided in section 4(b)(3)(B) of the Act. We will base our 12-month finding on a review of the best scientific and commercial data available, including all relevant information received in response to this 90-day finding. Concurrent with our 12-month finding, we may also propose changes to the status of the marbled murrelet rangewide, within DPSs, or within significant portions of its range.

        You may submit your information concerning this finding by one of the methods listed in the ADDRESSES section. We will not consider submissions sent by e-mail or fax, or to an address not 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 Web site. If your submission is made via 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 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 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, Western Washington Fish and Wildlife Office (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 indicating 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 the finding promptly in the Federal Register.
        Our process for making a 90-day finding under section 4(b)(3)(A) of the Act and our regulations in the Code of Federal Regulations (CFR) at 50 CFR 424.14(b) is limited to a determination of whether the information in a petition meets the “substantial scientific or commercial information” threshold. Our regulations provide a standard for determining what constitutes substantial information with regard to a 90-day petition finding: “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)). In making this finding, we consider whether the petition: (1) Clearly indicates the administrative action recommended; (2) contains a detailed narrative justification for the recommended measure, describing, based on available information, past and present numbers and distribution of the species and any threats faced by the species; (3) provides information regarding the status of the species over all or a significant portion of its range; and (4) is accompanied by appropriate supporting documentation in the form of bibliographic references, reprints of pertinent publications, copies of reports or letters from authorities, and maps (50 CFR 424.14(b)(2)). If we find that the petition presents substantial scientific or commercial information, we are required to promptly commence a review of the status of the species and publish the results of that status review in a 12-month finding.
        The factors for listing, delisting, or reclassifying species are described at 50 CFR 424.11. We may delist a species only if the best scientific and commercial data available substantiate that it is neither endangered nor threatened. Delisting may be warranted as a result of: (1) Extinction; (2) recovery; or (3) a determination that the original data used for classification of the species as endangered or threatened were in error.
        Petition

        On May 28, 2008, we received a petition from the American Forest Resource Council; the Carpenters Industrial Council of Douglas County, Oregon; and Ron Stuntzner requesting that we delist the California/Oregon/Washington distinct population segment (DPS) of marbled murrelet (Brachyramphus marmoratus). The petition clearly identified itself as a petition and included the identification information for the petitioners, as required in 50 CFR 424.14(a). The petitioners claim that the currently listed entity (the marbled murrelet in California, Oregon, and Washington) is not a discrete entity based on biological considerations or differences in regulatory mechanisms across an international boundary, and therefore is not listable as a DPS under the Act. In support of their petition they cite the Service's 5-year review of the marbled murrelet (USFWS 2004; available at: http://www.fws.gov/pacific/ecoservices/endangered/recovery/5yearcomplete.html), which found that the currently listed population of the marbled murrelet was not discrete. The petitioners also cite information contained in a U.S. Geological Survey (USGS) report commissioned by the Service on the status and trends of the marbled murrelet in Alaska and British Columbia (Piatt et al. 2007). The USGS report also included information on the marbled murrelet in California, Oregon, and Washington.
        In response to the May 28, 2008, petition, we sent a letter to the petitioners dated June 11, 2008, acknowledging receipt of the petition. This notice constitutes our 90-day finding on the May 28, 2008, petition to delist the California/Oregon/Washington DPS of the marbled murrelet.
        Species Information

        The marbled murrelet is a small seabird of the Alcidae family. The species' breeding range extends from Bristol Bay, Alaska, south to northern Monterey Bay in central California. Birds winter throughout the breeding range (McShane et al. 2004, pp. 3-7) and also occur in small numbers off the coast of southern California (McShane et al. 2004, pp. 3-12).
        Marbled murrelets spend most of their lives in the marine environment; however, they have been found occasionally on rivers and inland lakes (Carter and Sealy 1986, p. 473). In addition to foraging, marbled murrelets also aggregate, sleep, preen, and copulate on the water.

        Throughout the forested portion of their breeding range, marbled murrelet nesting habitat use is positively associated with the presence and abundance of mature and old-growth forests, large core areas of old-growth, low amounts of edge and fragmentation, proximity to the marine environment, and increasing forest age and height (McShane et al. 2004, pp. 4-39; Binford et al. 1975, pp. 315-316; Hamer and Nelson 1995, pp. 72-75; Ralph et al. 1995, p. 4). In the northern portion of their breeding range (Alaska, British Columbia, and Washington) some marbled murrelets lay their eggs on bare talus slopes or mossy cliff edges (Piatt et al. 2007, p. 2; DeGrange 1996, pp. 21-30; Bradley and Cooke 2001, p. 53; Bloxton and Raphael 2008, p. 7).

        Additional information on the biology and distribution of the marbled murrelet within the continental United States is available in the original listing document (57 FR 45328; October 1, 1992) and in our 5-year status review (USFWS 2004) (both available online at http://ecos.fws.gov/speciesProfile/SpeciesReport.do?spcode=B08C). Information commissioned by the Service on the status and trends of the species in Alaska and British Columbia (Piatt et al. 2007) is available online from the U.S. Geological Survey at http://pubs.usgs.gov/of/2006/1387/pdf/ofr20061387.pdf.
        Distinct Population Segment Policy
        Section 3(15) of the Act defines a “species” to include “* * * any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” The National Marine Fisheries Service (NMFS) and the Service published a joint policy defining the phrase “distinct population segment” on February 7, 1996 (61 FR 4722) (referred to as “DPS policy” in the remainder of this document). According to the DPS policy, two elements must be satisfied in order for a population segment to qualify as a DPS: discreteness of the population segment in relation to the remainder of the species and significance of the population segment to the species. If a population segment qualifies as a DPS, the conservation status of that DPS is evaluated to determine whether it is threatened or endangered.
        A population segment of a vertebrate species may be considered discrete if it satisfies either one of the following conditions: (1) It is markedly separated from other populations of the same taxon as a consequence of physical, physiological, ecological, or behavioral factors; or (2) it is delimited by international governmental boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the Act.
        If a population is found to be discrete then it is evaluated for significance under the DPS policy on the basis of its importance to the taxon to which it belongs. This consideration may include, but is not limited to, the following: (1) Persistence of the discrete population segment in an ecological setting unusual or unique to the taxon, (2) evidence that loss of the discrete population segment would result in a significant gap in the range of a taxon, (3) evidence that the population represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside of its historical range, or (4) evidence that the population differs markedly from other populations of the species in its genetic characteristics.
        If a population segment is discrete and significant (i.e., it is a DPS) its evaluation for endangered or threatened status is based on the Act's definitions of those terms and a review of the factors listed in section 4(a) of the Act. According to our DPS policy, it may be appropriate to assign different classifications to different DPSs of the same vertebrate taxon.
        Finding
        We have reviewed the petition and literature cited in the petition, and evaluated that information to determine whether the sources cited support the claims made in the petition. We also reviewed reliable information that was readily available in our files to clarify and verify information in the petition. Based on our evaluation of the information and the criteria specified in 50 CFR 424.14(b)(2), we find the petition presents substantial information indicating that the California, Oregon, and Washington population of the marbled murrelet may not be discrete, and therefore may not meet the criteria for a DPS. As such, we find that the petitioned action may be warranted. The petitioners have essentially reiterated the Service's own conclusion based on our 5-year review; thus we agree that a status review is warranted.

        The Service completed a 5-year review of the marbled murrelet's status under the Act on September 1, 2004. That review found that the currently listed entity did not satisfy the discreteness prong of the DPS policy, and therefore was not a valid DPS. The review based this conclusion on data indicating there were no marked physical, physiological, ecological, or behavioral differences at the international border, and a determination that there were no significant differences between the legal protection provided to the species under Canada's Species at Risk Act and that provided under the Endangered Species Act in the United States.
        The Service now believes that the discreteness analysis in the 5-year review was flawed, because it compared current levels of legal protection across the international border, rather than levels of protection that would exist if the marbled murrelet were not listed in the United States. The Service believes that the latter approach is more rational in the context of a 5-year review, because it analyzes discreteness in the same manner as the Service would in an initial listing determination. Nonetheless, because the 2004 5-year review did conclude that the population was not a valid DPS, and because the Service has not formally revisited that conclusion since then, a reasonable person could conclude that the petitioned action may be warranted.
        It is important to note that the “substantial information” standard for a 90-day finding is in contrast to the Act's “best scientific and commercial data” standard that applies to a 12-month finding as to whether a petitioned action is warranted. A 90-day finding is not a status assessment of the species and does not constitute a status review under the Act. Our final determination as to whether a petitioned action is warranted is not made until we have completed a thorough status review of the species, which is conducted following a 90-day finding that finds that a petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted (“substantial 90-day finding”). Because the Act's standards for 90-day and 12-month findings are different, as described above, a substantial 90-day finding does not necessarily mean that the 12-month finding will find that the petitioned action is warranted.
        With this substantial 90-day finding we are initiating a rangewide status review of the species, and, once it is completed, we will make a finding on whether delisting the California, Oregon, and Washington population of the marbled murrelet is warranted. Our status review will also consider whether alternative DPS configurations are warranted or whether any additional changes to the status of the species throughout its range or within significant portions of the species' range are warranted.
        Because our next 5-year status review will be due around the time our 12-month finding is due, and because the 12-month finding and 5-year status review serve a similar purpose (i.e., to determine the appropriate classification of a species under the Act), the results of our 12-month finding will be adopted for our 5-year status review.

        This finding fulfills the Service's obligation under 16 U.S.C. 1533(b)(3)(A) and its implementing regulations at 50 CFR 424.14(b). It also fulfills our obligation to publish a notice in the Federal Register announcing our active review of the status of the marbled murrelet in accordance with 50 CFR 424.21.
        References Cited

        A complete list of all references cited is available upon request from the Western Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT above).
        Author

        The primary authors of this document are staff members of the Western Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT above).

          Authority:

          The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: September 15, 2008.
          H. Dale Hall,
          Director, Fish and Wildlife Service.

      [FR Doc. E8-22735 Filed 10-1-08; 8:45 am]
      BILLING CODE 4310-55-P