Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program, 74129 [E8-28015]
Download as PDF
<![CDATA[
dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules
to lay eggs, is known within portions of
the Capitan Mountains, which are
adjacent to and north of the current
range of the butterfly in the Sacramento
Mountains. The petition asserts that a
slight shift in either the butterfly’s or P.
neomexicanus’ distribution,
productivity, phenology, or other factors
resulting from climate change could
imperil the butterfly. The apparent
northward range ‘‘shift’’ in the Edith’s
checkerspot butterfly was due to greater
population extinctions at southern
latitudes, not to a northward expansion
of its range (Parmesan 1996, p. 765).
Parmesan (1996, pp. 765-766) discussed
why these extinctions were most likely
attributable to climate change rather
than habitat destruction. If the
Sacramento Mountains checkerspot
butterfly were to respond similarly, it
may decline at the southern portion of
its range, but not expand northward to
the Capitan Mountains.
As noted under Species Information,
the elevational range for the Sacramento
Mountains checkerspot butterfly is
2,380 to 2,750 m (7,800 to 9,000 ft), and
that of Penstemon neomexicanus, on
which the butterfly lays its eggs, is 1,830
to 2,750 m (6,000 to 9,000 ft) (New
Mexico Rare Plant Technical Council
2008, webpage). Thus, the butterfly is at
the upper elevational range of the plant
on which it depends, so it would be
dependent on an upward elevational
shift of P. neomexicanus for the
butterfly to shift to higher elevations.
The petition asserts that extreme
weather threatens the butterfly.
However, other than reiterating our
preliminary finding from the 2001
proposed listing rule (66 FR 46575;
September 6, 2001) that this may be a
threat to the species, the petition
presents no information or explanation
regarding why the butterfly is
threatened as a result of extreme
weather. In our 2004 proposed listing
withdrawal, we found that the butterfly
can survive and persist despite natural
events such as drought (69 FR 76428;
December 21, 2004). Since our finding
in that 2004 withdrawal, we have no
new information in our files indicating
that there is any such threat from
extreme weather currently or in the
foreseeable future.
In summary, the petition and
information readily available to us do
not provide substantial information that
extreme weather threatens the butterfly.
The petition and information readily
available to us provide substantial
information that indicate that the
petitioned action may be warranted
because pesticide spraying and climate
change are other natural or manmade
factors that may threaten the butterfly.
VerDate Aug<31>2005
14:59 Dec 04, 2008
Jkt 217001
Finding
We have reviewed the petition and
the literature cited in the petition, and
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 in our files to clarify
and verify information in the petition.
Based on our evaluation of the
information provided in the petition,
and in accordance with recent
applicable court decisions pertaining to
90–day findings, we find that the
petition presents substantial scientific
information indicating that listing the
Sacramento Mountains checkerspot
butterfly may be warranted. 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 presents
‘‘substantial scientific and commercial
information,’’ which is interpreted in
our regulations as ‘‘that amount of
information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted’’ (50 CFR 424.14(b)).
The petitioners present substantial
information indicating that the butterfly
may be threatened by Factor D
(inadequacy of existing USFS regulatory
mechanisms) and Factor E (pesticide
spraying and climate change)
throughout the entire range of the
butterfly. The petitioners do not present
substantial information that Factors A,
B, and C are currently, or in the future,
considered a threat to the butterfly.
Based on this review and evaluation, we
find that the petition has presented
substantial scientific or commercial
information that listing the butterfly
throughout all or a portion of its range
may be warranted due to current and
future threats under Factors D and E. As
such, we are initiating a status review to
determine whether listing the butterfly
under the Act is warranted. We will
issue a 12–month finding as to whether
any of the petitioned actions are
warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial
information regarding the butterfly.
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
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
74129
completed a thorough status review of
the species, which is conducted
following a positive 90–day finding.
Because the Act’s standards for 90–day
and 12–month findings are different, as
described above, a positive 90–day
finding does not mean that the 12–
month finding also will be positive.
We encourage interested parties to
continue gathering data that will assist
with the conservation and monitoring of
the butterfly. The petitioners requested
that critical habitat be designated for
this species. If we determine in our 12–
month finding that listing the butterfly
is warranted, we will address the
designation of critical habitat at the time
of the proposed rulemaking.
References Cited
A complete list of all references cited
in this finding is available upon request
from the New Mexico Ecological
Services Office (see FOR FURTHER
INFORMATION CONTACT).
Author
The primary authors of this rule are
the New Mexico Ecological Services
Office staff members (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: November 12, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service
[FR Doc. E8–28119 Filed 12–4–08; 8:45 am]
BILLING CODE 4310-55-S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
RIN 0648–AW97
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Crab Rationalization
Program
Correction
In proposed rule document E8–28015
starting on page 71598 in the issue of
Tuesday, November 25, 2008, make the
following correction:
On page 71598, in the first column,
under the DATES heading, in the second
line ‘‘November 25, 2008’’ should read
‘‘January 26, 2009’’.
[FR Doc. E8–28015 Filed 12–4–08; 8:45 am]
BILLING CODE 1505–01–D
E:\FR\FM\05DEP1.SGM
05DEP1
]]>Agencies
[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Proposed Rules]
[Page 74129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28015]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
RIN 0648-AW97
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Crab Rationalization Program
Correction
In proposed rule document E8-28015 starting on page 71598 in the
issue of Tuesday, November 25, 2008, make the following correction:
On page 71598, in the first column, under the DATES heading, in the
second line ``November 25, 2008'' should read ``January 26, 2009''.
[FR Doc. E8-28015 Filed 12-4-08; 8:45 am]
BILLING CODE 1505-01-D
