Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Bald Eagle (Haliaeetus leucocephalus) in the Sonoran Desert Area of Central Arizona and Northwestern Mexico, 29096-29098 [E8-11052]
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29096
Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Proposed Rules
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 88
RIN 0991–AB46
Office of Global Health Affairs;
Regulation on the Organizational
Integrity of Entities Implementing
Leadership Act Programs and
Activities
Department of Health and
Human Services.
ACTION: Correction of proposed rule.
AGENCY:
SUMMARY: This document corrects a
technical error that appeared in the
Notice of Proposed Rulemaking (NPRM)
on April 17, 2008, entitled
‘‘Organizational Integrity of Entities
Implementing Leadership Act Programs
and Activities.’’
FOR FURTHER INFORMATION CONTACT:
William R. Steiger, PhD, Office of Global
Health Affairs, Hubert H. Humphrey
Building, Room 639H, 200
Independence Avenue, SW.,
Washington, DC 20201.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 08–1147 of April 17, 2008
(73 FR 20900), there was a technical
error that is identified and corrected in
the Correction of Errors section below.
The provisions in this correction notice
are applicable as if they had been
included in the document published
April 17, 2008. Accordingly, the
corrections are applicable May 20, 2008.
We inadvertently omitted the words
‘‘has objective integrity and
independence’’ from section 88.3(d)(1),
which describes the required
certification that recipients must
submit. We are also correcting the
Executive Order 12866—Regulatory
Planning and Review section beginning
with the second paragraph to read ‘‘the’’
instead of ‘‘this’’. We are correcting the
errors by republishing the corrected
paragraph in this section of the
proposed rule.
hsrobinson on PROD1PC76 with PROPOSALS-1
II. Correction of Errors
In FR Doc. 08–1147 of April 17, 2008
(73 FR 20900), make the following
corrections:
On Page 20902, in the last column;
second paragraph of the Executive
Order 12866—Regulatory Planning and
Review section, replace the word ‘‘This’’
with ‘‘The’’. The corrected paragraph
should read:
‘‘The benefits of this rule are to ensure
that an appropriate separation exists.
* * * ’’
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On page 20904, in the second column;
in the last paragraph, insert ‘‘has
objective integrity and independence’’
before ‘‘as defined in 45 CFR part 88,
from any * * *’’ The corrected
paragraph should read:
(1) Organizational Integrity
Certification: ‘‘I hereby certify that
[name of recipient], a recipient of the
funds made available through this
[grant, cooperative agreement, contract,
or other funding instrument], has
objective integrity and independence as
defined in 45 CFR part 88, from any
affiliated organization that engages in
activities inconsistent with a policy
opposing prostitution and sex
trafficking.’’
Dated: May 8, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8–10890 Filed 5–19–08; 8:45 am]
BILLING CODE 4150–38–M
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R2–ES–2008–0059; 1111 FY07 MO–
B2]
Endangered and Threatened Wildlife
and Plants; Initiation of Status Review
for the Bald Eagle (Haliaeetus
leucocephalus) in the Sonoran Desert
Area of Central Arizona and
Northwestern Mexico
Fish and Wildlife Service,
Interior.
ACTION: Notice; initiation of status
review and solicitation of new
information.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
initiation of a status review for the bald
eagle (Haliaeetus leucocephalus) in the
Sonoran Desert area of central Arizona
and northwestern Mexico, hereafter
referred to as the ‘‘Sonoran Desert area
bald eagle.’’ Through this action, we
encourage all interested parties to
provide us with information regarding
the status of, and any potential threats
to, the Sonoran Desert area bald eagle.
DATES: To allow us adequate time to
conduct this review, we request that
information be submitted on or before
July 7, 2008.
ADDRESSES: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R2–
ES–2008–0059; 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 on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Solicited section
below for more information).
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor,
Arizona Ecological Services Office, 2321
West Royal Palm Road, Suite 103,
Phoenix, AZ 85021–4951; telephone
602–242–0210; facsimile 602–242–2513.
If you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
To ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information concerning the status of the
Sonoran Desert area bald eagle
(Haliaeetus leucocephalus). Information
gained during this process will be used
to evaluate whether the Sonoran Desert
area bald eagle is a Distinct Population
Segment (DPS) as described in our
policy on determining a DPS (61 FR
4722, February 7, 1996) (DPS), and if
listing as threatened or endangered is
warranted under the Endangered
Species Act of 1973, as amended (Act).
If we determine that listing the Sonoran
Desert area bald eagle is warranted, we
intend to propose critical habitat to the
maximum extent prudent and
determinable at the time we prepare a
proposed listing rule.
At this time, we request any
additional information from the public,
other concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties on the status of the
Sonoran Desert area bald eagle,
including:
(1) Information regarding Sonoran
Desert area bald eagles’ historical and
current population status, distribution,
and trends; biology and ecology; and
habitat selection. We also solicit
information of this type on adjacent
populations and geographic areas for
use in evaluating discreteness and
significance of the Sonoran Desert area
bald eagle.
(2) Information that supports or
refutes the appropriateness of
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Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Proposed Rules
considering the Sonoran Desert area
bald eagle to be discrete, as defined in
the Policy Regarding the Recognition of
Distinct Vertebrate Population Segments
Under the Endangered Species Act (61
FR 4722, February 7, 1996), including,
but not limited to:
(a) Information indicating that
Sonoran Desert area bald eagles are
markedly separated from other
populations of bald eagles due to
physical, physiological, ecological, or
behavioral factors. This may include
information regarding bald eagles of
Sonoran Desert area natal origin
breeding with bald eagles from
populations of different natal origin,
and information regarding the Sonoran
Desert area bald eagles’ isolation from
other breeding populations of eagles.
(b) Information indicating whether or
not the Sonoran Desert area bald eagle
is delimited by international
governmental boundaries within which
significant differences in control of
exploitation, management of habitat,
conservation status, or regulatory
mechanisms exist.
(3) Information that supports or
refutes the appropriateness of
considering the Sonoran Desert area
bald eagle to be significant, as defined
in the Policy Regarding the Recognition
of Distinct Vertebrate Population
Segments Under the Endangered
Species Act (61 FR 4722, February 7,
1996) including, but not limited to:
(a) Information indicating that the
ecological setting, including such
factors as temperature, moisture,
weather patterns, plant communities,
etc., in which the Sonoran Desert area
bald eagle persists is unusual or unique
when compared to that of bald eagles
found elsewhere in the United States or
Mexico. This may also include
information indicating that the Sonoran
Desert area bald eagle has or has not
developed adaptations to that unique
environment, such as breeding behavior,
morphological characteristics, egg
development and characteristics, or nest
types.
(b) Information indicating that loss of
Sonoran Desert area bald eagle would or
would not result in a significant gap in
the range of the taxon.
(c) Information indicating that the
Sonoran Desert area bald eagle differs
markedly from other populations of bald
eagles in its genetic characteristics.
(4) Information regarding the
availability of suitable, but unoccupied,
breeding habitat that might allow for
expansion of the Sonoran Desert area
bald eagle populations. This may
include information on areas outside of
the boundaries delineated for the
Sonoran Desert area bald eagle in our
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May 1, 2008, final listing rule (73 FR
23966).
(5) Information on the effects of
potential threat factors that are the basis
for a listing determination under section
4(a) of the Act, which are:
(a) The present or threatened
destruction, modification, or
curtailment of the Sonoran Desert area
bald eagle’s breeding habitat or range,
including but not limited to the effects
on habitat from: Water management
(river diversions, dams, dam operations,
surface and groundwater withdrawals);
human population growth and
accompanying increases in water
demands; human recreation; reduced
riparian health and regrowth of
streamside trees for nesting, foraging,
and roosting; urban development; and
climate change;
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(c) Disease or predation, including but
not limited to the effects of avian pox
or West Nile virus, Mexican chicken
bugs, or ticks;
(d) The inadequacy of existing
regulatory mechanisms, including but
not limited to adequacy or inadequacy
of funding for ongoing management;
appropriateness and effect of incidental
take permitted for Sonoran Desert area
bald eagles while listed under the Act;
impacts of low-flying aircraft and
effectiveness of flight advisories; and
the adequacy or inadequacy of
protections under the Bald and Golden
Eagle Protection Act and the Migratory
Bird Treaty Act; and
(e) Other natural or manmade factors
affecting its continued existence,
including but not limited to information
on: Productivity, survival, and mortality
rates of this population; the occurrence
and effect of inbreeding; effects to
Sonoran Desert area bald eagles while
outside the Sonoran Desert area; effects
to Sonoran Desert area bald eagles’ prey
base and productivity, including effects
of nonnative predatory fish and native
fish restoration; the presence and
abundance of pesticides and
contaminants such as lead, mercury, or
dichlorodiphenyldichloroethylene
(DDE); the effects of climate change; and
the effects from eggshell thinning.
(6) Information supporting the
existing boundary developed in our May
1, 2008, final listing rule (73 FR 23966)
for Sonoran Desert area bald eagles
under consideration in this status
review, or information indicating that
the boundary should be modified to
include other areas.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
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29097
providing supporting information,
although noted, will not be considered
in making a determination, because
section 4(b)(1)(A) of the Act (16 U.S.C.
1531 et seq.) directs that determinations
as to whether any species is a
threatened or endangered species shall
be made ‘‘solely on the basis of the best
scientific and commercial data
available.’’ At the conclusion of the
status review, we will determine
whether listing is warranted, not
warranted, or warranted but precluded.
You may submit your information
concerning this status review 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 https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this personal
identifying information from public
review. However, we cannot guarantee
that we will be able to do so. We will
post all hardcopy submissions on
https://www.regulations.gov.
Information and materials we receive
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Arizona Ecological Services
Office (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Endangered
Species Act (Act) of 1973, as amended
(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 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. Section 4(b)(3)(B) also
requires that, for any petition to revise
the Lists of Threatened and Endangered
Wildlife and Plants that contains
substantial scientific or commercial
information that the action may be
warranted, we make a finding within 12
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Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Proposed Rules
months of the date of the receipt of the
petition on whether the petitioned
action is: (a) Not warranted, (b)
warranted, or (c) warranted but
precluded by other pending proposals.
Such 12-month findings are to be
published promptly in the Federal
Register.
On October 6, 2004, we received a
petition, dated October 6, 2004, from the
Center for Biological Diversity (CBD),
the Maricopa Audubon Society, and the
Arizona Audubon Council requesting
that the ‘‘Southwestern desert nesting
bald eagle population’’ be classified as
a DPS, that this DPS be reclassified from
a threatened species to an endangered
species, and that we concurrently
designate critical habitat for the DPS
under the Act.
On March 27, 2006, the CBD and the
Maricopa Audubon Society filed a
lawsuit against the U.S. Department of
the Interior and the Service for failing to
make a timely finding on the petition.
The parties reached a settlement, and
the Service agreed to complete its
petition finding by August 2006. On
August 30, 2006 (71 FR 51549), we
announced our 90-day finding that the
petition did not present substantial
scientific or commercial information
indicating that the petitioned action
may be warranted.
On January 5, 2007, the CBD and the
Maricopa Audubon Society filed a
lawsuit challenging the Service’s 90-day
finding that the ‘‘Sonoran Desert
population’’ of the bald eagle did not
qualify as a DPS, and further
challenging the Service’s 90-day finding
that the population should not be uplisted to endangered status.
On July 9, 2007 (72 FR 37346), we
published the final delisting rule for
bald eagles in the lower 48 States. In
that final delisting rule, we stated that
our findings on the status of the
Sonoran Desert population of bald
eagles superseded our 90-day petition
finding because the final delisting rule
constituted a final decision on whether
the Sonoran Desert population of bald
eagles qualified for listing as a DPS
under the Act.
On March 5, 2008, the U.S. District
Court for the District of Arizona ruled in
favor of the CBD and the Maricopa
Audubon Society. The court order
(Center for Biological Diversity v.
Kempthorne, CV 07–0038–PHX–MHM
(D. Ariz)) was filed on March 6, 2008.
The court ruled for the plaintiffs and
ordered the Service to:
(1) Conduct a status review of the
Sonoran Desert area bald eagle
population pursuant to the Act to
determine whether listing that
population as a DPS is warranted, and
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if so, whether listing that DPS as
threatened or endangered pursuant to
the Act is warranted;
(2) Issue a 12-month finding on
whether listing the Sonoran Desert area
bald eagle population as a DPS is
warranted, and if so, whether listing
that DPS as threatened or endangered is
warranted; and
(3) Issue the 12-month finding within
9 months of the court order pursuant to
16 U.S.C. 1533(b)(3)(B), which translates
to on or before December 5, 2008.
Further, the court enjoined the
Service’s application of the July 9, 2007
(72 FR 37346), final delisting rule to the
Sonoran Desert population of bald
eagles pending the outcome of our
status review and 12-month petition
finding. The court order was effective as
of March 6, 2008, the date it was filed.
On May 1, 2008, we published a final
rule (73 FR 23966) listing the potential
Sonoran Desert area bald eagle DPS as
threatened under the Act in response to
the court order. Please refer to the map
and final rule published on May 1, 2008
(73 FR 23966) for details of the
geographic area affected by this action.
At this time, we are soliciting new
information on the status of and
potential threats to the Sonoran Desert
population of bald eagles. We will base
our new determination as to whether
listing is warranted on a review of the
best scientific and commercial
information available, including all
such information received as a result of
this notice. For more information on the
biology, habitat, and range of the
Sonoran Desert population of bald
eagles, please refer to our previous 90day finding published in the Federal
Register on August 30, 2006 (71 FR
51549), and our final delisting rule for
the bald eagle published in the Federal
Register on July 9, 2007 (72 FR 37346).
Author
The primary author of this notice is
the staff of the Arizona Ecological
Services Office.
Authority
The authority for this action is the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: May 8, 2008.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E8–11052 Filed 5–19–08; 8:45 am]
BILLING CODE 4310–55–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 080306389–8391–01]
RIN 0648–AW53
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Allowance of New Gear
(Eliminator Trawl) in Specific Special
Management Programs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes approval for
using another type of trawl gear known
as the ‘‘eliminator trawl’’ in the Regular
B Days-at-Sea (DAS) Program and the
Eastern U.S./Canada Haddock Special
Access Program (SAP). Vessels fishing
in the Regular B DAS Program and the
Eastern U.S./Canada Haddock SAP must
use approved trawl gear in order to
reduce the catch of multispecies
(groundfish) stocks of concern. The
Northeast (NE) Regional Administrator,
NMFS, may approve additional gears for
use in these programs if research
demonstrates that the gear meets
specific standards for the reduction of
catch of stocks of concern. The intent of
this action is to reduce catch of stocks
of concern in the NE multispecies
fishery.
DATES: Comments must be received by
June 4, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AW53, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-rulemaking portal: https://
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope,
‘‘Comments on the eliminator trawl.’’
• Fax: (978) 281–9135.
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publically accessible. Do not
submit Confidential Business
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]]>Agencies
[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Proposed Rules]
[Pages 29096-29098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11052]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R2-ES-2008-0059; 1111 FY07 MO-B2]
Endangered and Threatened Wildlife and Plants; Initiation of
Status Review for the Bald Eagle (Haliaeetus leucocephalus) in the
Sonoran Desert Area of Central Arizona and Northwestern Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; initiation of status review and solicitation of new
information.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
initiation of a status review for the bald eagle (Haliaeetus
leucocephalus) in the Sonoran Desert area of central Arizona and
northwestern Mexico, hereafter referred to as the ``Sonoran Desert area
bald eagle.'' Through this action, we encourage all interested parties
to provide us with information regarding the status of, and any
potential threats to, the Sonoran Desert area bald eagle.
DATES: To allow us adequate time to conduct this review, we request
that information be submitted on or before July 7, 2008.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R2-ES-2008-0059; 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 on https://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Information
Solicited section below for more information).
FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor,
Arizona Ecological Services Office, 2321 West Royal Palm Road, Suite
103, Phoenix, AZ 85021-4951; telephone 602-242-0210; facsimile 602-242-
2513. If you use a telecommunications device for the deaf (TDD), call
the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
To ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting
information concerning the status of the Sonoran Desert area bald eagle
(Haliaeetus leucocephalus). Information gained during this process will
be used to evaluate whether the Sonoran Desert area bald eagle is a
Distinct Population Segment (DPS) as described in our policy on
determining a DPS (61 FR 4722, February 7, 1996) (DPS), and if listing
as threatened or endangered is warranted under the Endangered Species
Act of 1973, as amended (Act). If we determine that listing the Sonoran
Desert area bald eagle is warranted, we intend to propose critical
habitat to the maximum extent prudent and determinable at the time we
prepare a proposed listing rule.
At this time, we request any additional information from the
public, other concerned governmental agencies, Native American Tribes,
the scientific community, industry, or any other interested parties on
the status of the Sonoran Desert area bald eagle, including:
(1) Information regarding Sonoran Desert area bald eagles'
historical and current population status, distribution, and trends;
biology and ecology; and habitat selection. We also solicit information
of this type on adjacent populations and geographic areas for use in
evaluating discreteness and significance of the Sonoran Desert area
bald eagle.
(2) Information that supports or refutes the appropriateness of
[[Page 29097]]
considering the Sonoran Desert area bald eagle to be discrete, as
defined in the Policy Regarding the Recognition of Distinct Vertebrate
Population Segments Under the Endangered Species Act (61 FR 4722,
February 7, 1996), including, but not limited to:
(a) Information indicating that Sonoran Desert area bald eagles are
markedly separated from other populations of bald eagles due to
physical, physiological, ecological, or behavioral factors. This may
include information regarding bald eagles of Sonoran Desert area natal
origin breeding with bald eagles from populations of different natal
origin, and information regarding the Sonoran Desert area bald eagles'
isolation from other breeding populations of eagles.
(b) Information indicating whether or not the Sonoran Desert area
bald eagle is delimited by international governmental boundaries within
which significant differences in control of exploitation, management of
habitat, conservation status, or regulatory mechanisms exist.
(3) Information that supports or refutes the appropriateness of
considering the Sonoran Desert area bald eagle to be significant, as
defined in the Policy Regarding the Recognition of Distinct Vertebrate
Population Segments Under the Endangered Species Act (61 FR 4722,
February 7, 1996) including, but not limited to:
(a) Information indicating that the ecological setting, including
such factors as temperature, moisture, weather patterns, plant
communities, etc., in which the Sonoran Desert area bald eagle persists
is unusual or unique when compared to that of bald eagles found
elsewhere in the United States or Mexico. This may also include
information indicating that the Sonoran Desert area bald eagle has or
has not developed adaptations to that unique environment, such as
breeding behavior, morphological characteristics, egg development and
characteristics, or nest types.
(b) Information indicating that loss of Sonoran Desert area bald
eagle would or would not result in a significant gap in the range of
the taxon.
(c) Information indicating that the Sonoran Desert area bald eagle
differs markedly from other populations of bald eagles in its genetic
characteristics.
(4) Information regarding the availability of suitable, but
unoccupied, breeding habitat that might allow for expansion of the
Sonoran Desert area bald eagle populations. This may include
information on areas outside of the boundaries delineated for the
Sonoran Desert area bald eagle in our May 1, 2008, final listing rule
(73 FR 23966).
(5) Information on the effects of potential threat factors that are
the basis for a listing determination under section 4(a) of the Act,
which are:
(a) The present or threatened destruction, modification, or
curtailment of the Sonoran Desert area bald eagle's breeding habitat or
range, including but not limited to the effects on habitat from: Water
management (river diversions, dams, dam operations, surface and
groundwater withdrawals); human population growth and accompanying
increases in water demands; human recreation; reduced riparian health
and regrowth of streamside trees for nesting, foraging, and roosting;
urban development; and climate change;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation, including but not limited to the effects
of avian pox or West Nile virus, Mexican chicken bugs, or ticks;
(d) The inadequacy of existing regulatory mechanisms, including but
not limited to adequacy or inadequacy of funding for ongoing
management; appropriateness and effect of incidental take permitted for
Sonoran Desert area bald eagles while listed under the Act; impacts of
low-flying aircraft and effectiveness of flight advisories; and the
adequacy or inadequacy of protections under the Bald and Golden Eagle
Protection Act and the Migratory Bird Treaty Act; and
(e) Other natural or manmade factors affecting its continued
existence, including but not limited to information on: Productivity,
survival, and mortality rates of this population; the occurrence and
effect of inbreeding; effects to Sonoran Desert area bald eagles while
outside the Sonoran Desert area; effects to Sonoran Desert area bald
eagles' prey base and productivity, including effects of nonnative
predatory fish and native fish restoration; the presence and abundance
of pesticides and contaminants such as lead, mercury, or
dichlorodiphenyldichloroethylene (DDE); the effects of climate change;
and the effects from eggshell thinning.
(6) Information supporting the existing boundary developed in our
May 1, 2008, final listing rule (73 FR 23966) for Sonoran Desert area
bald eagles under consideration in this status review, or information
indicating that the boundary should be modified to include other areas.
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, because section 4(b)(1)(A) of the Act (16
U.S.C. 1531 et seq.) directs that determinations as to whether any
species is a threatened or endangered species shall be made ``solely on
the basis of the best scientific and commercial data available.'' At
the conclusion of the status review, we will determine whether listing
is warranted, not warranted, or warranted but precluded.
You may submit your information concerning this status review 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 https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this personal identifying
information from public review. However, we cannot guarantee that we
will be able to do so. We will post all hardcopy submissions on https://
www.regulations.gov.
Information and materials we receive will be available for public
inspection on https://www.regulations.gov, or by appointment, during
normal business hours, at the U.S. Fish and Wildlife Service, Arizona
Ecological Services Office (see FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as
amended (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 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. Section 4(b)(3)(B) also requires that, for any petition to
revise the Lists of Threatened and Endangered Wildlife and Plants that
contains substantial scientific or commercial information that the
action may be warranted, we make a finding within 12
[[Page 29098]]
months of the date of the receipt of the petition on whether the
petitioned action is: (a) Not warranted, (b) warranted, or (c)
warranted but precluded by other pending proposals. Such 12-month
findings are to be published promptly in the Federal Register.
On October 6, 2004, we received a petition, dated October 6, 2004,
from the Center for Biological Diversity (CBD), the Maricopa Audubon
Society, and the Arizona Audubon Council requesting that the
``Southwestern desert nesting bald eagle population'' be classified as
a DPS, that this DPS be reclassified from a threatened species to an
endangered species, and that we concurrently designate critical habitat
for the DPS under the Act.
On March 27, 2006, the CBD and the Maricopa Audubon Society filed a
lawsuit against the U.S. Department of the Interior and the Service for
failing to make a timely finding on the petition. The parties reached a
settlement, and the Service agreed to complete its petition finding by
August 2006. On August 30, 2006 (71 FR 51549), we announced our 90-day
finding that the petition did not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted.
On January 5, 2007, the CBD and the Maricopa Audubon Society filed
a lawsuit challenging the Service's 90-day finding that the ``Sonoran
Desert population'' of the bald eagle did not qualify as a DPS, and
further challenging the Service's 90-day finding that the population
should not be up-listed to endangered status.
On July 9, 2007 (72 FR 37346), we published the final delisting
rule for bald eagles in the lower 48 States. In that final delisting
rule, we stated that our findings on the status of the Sonoran Desert
population of bald eagles superseded our 90-day petition finding
because the final delisting rule constituted a final decision on
whether the Sonoran Desert population of bald eagles qualified for
listing as a DPS under the Act.
On March 5, 2008, the U.S. District Court for the District of
Arizona ruled in favor of the CBD and the Maricopa Audubon Society. The
court order (Center for Biological Diversity v. Kempthorne, CV 07-0038-
PHX-MHM (D. Ariz)) was filed on March 6, 2008.
The court ruled for the plaintiffs and ordered the Service to:
(1) Conduct a status review of the Sonoran Desert area bald eagle
population pursuant to the Act to determine whether listing that
population as a DPS is warranted, and if so, whether listing that DPS
as threatened or endangered pursuant to the Act is warranted;
(2) Issue a 12-month finding on whether listing the Sonoran Desert
area bald eagle population as a DPS is warranted, and if so, whether
listing that DPS as threatened or endangered is warranted; and
(3) Issue the 12-month finding within 9 months of the court order
pursuant to 16 U.S.C. 1533(b)(3)(B), which translates to on or before
December 5, 2008.
Further, the court enjoined the Service's application of the July
9, 2007 (72 FR 37346), final delisting rule to the Sonoran Desert
population of bald eagles pending the outcome of our status review and
12-month petition finding. The court order was effective as of March 6,
2008, the date it was filed. On May 1, 2008, we published a final rule
(73 FR 23966) listing the potential Sonoran Desert area bald eagle DPS
as threatened under the Act in response to the court order. Please
refer to the map and final rule published on May 1, 2008 (73 FR 23966)
for details of the geographic area affected by this action.
At this time, we are soliciting new information on the status of
and potential threats to the Sonoran Desert population of bald eagles.
We will base our new determination as to whether listing is warranted
on a review of the best scientific and commercial information
available, including all such information received as a result of this
notice. For more information on the biology, habitat, and range of the
Sonoran Desert population of bald eagles, please refer to our previous
90-day finding published in the Federal Register on August 30, 2006 (71
FR 51549), and our final delisting rule for the bald eagle published in
the Federal Register on July 9, 2007 (72 FR 37346).
Author
The primary author of this notice is the staff of the Arizona
Ecological Services Office.
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 8, 2008.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E8-11052 Filed 5-19-08; 8:45 am]
BILLING CODE 4310-55-P
