Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Coqui Llanero (Eleutherodactylus juanariveroi) as Endangered, 32510-32513 [E9-16065]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Proposed Rules]
[Pages 32510-32513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16065]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R4-ES-2009-0022; 92210-1117-000-B4]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Coqui Llanero (Eleutherodactylus juanariveroi) 
as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (the Service), announce 
a 90-day finding on a petition to list coqui llanero (Eleutherodactylus 
juanariveroi), a tree frog, as threatened or endangered under the 
Endangered Species Act of 1973, as amended (Act). Following our review 
of the petition, we find that it provides substantial scientific or 
commercial information indicating that listing this species may be 
warranted. Therefore, with the publication of this notice, we initiate 
a status review to determine if listing the coqui llanero is warranted. 
To ensure that the status review is comprehensive, we request 
scientific and commercial data and other information regarding this 
species. We will initiate a determination on critical habitat for this 
species if and when we initiate a listing action.

DATES: We made the finding announced in this document on July 8, 2009. 
To allow us adequate time to conduct this review, we request that 
information be submitted on or before September 8, 2009.

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-R4-ES-2009-0022; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
    We will post all information we receive 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 details).

FOR FURTHER INFORMATION CONTACT: Edwin E. Mu[ntilde]iz, Field 
Supervisor, Caribbean Ecological Services Field Office, P.O. Box 491, 
Boquer[oacute]n, PR 00622; by telephone, (787) 851-7297; or by 
facsimile, (787) 851-7440. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Information Solicited

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, the Act 
(16 U.S.C. 1531 et seq.) requires us 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 seek information on the coqui llanero. We request information from 
the public, other concerned governmental agencies, Native American 
Tribes, the scientific community, industry, or any other interested 
parties concerning the status of the coqui llanero. We seek information 
regarding:
    (1) The species' historical and current status and distribution, 
its biology and ecology, and ongoing conservation measures for the 
species and its habitat;
    (2) Information relevant to the factors that are the basis for our 
making any listing determination for a species under section 4(a) of 
the Act, which are:
    (a) The present or threatened destruction, modification, or 
curtailment of the species' habitat or range;
    (b) overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) disease or predation;
    (d) the inadequacy of existing regulatory mechanisms; or
    (e) other natural or manmade factors affecting its continued 
existence and threats to the species or its habitat; and
    (3) Information on the effects of climate change, sea-level change, 
and water temperature change on the distribution and abundance of the 
species.
    If we determine that listing the species is warranted, we intend to 
propose critical habitat to the maximum extent prudent and determinable 
at the time we propose the listing. Therefore, with regard to areas 
within the geographical range currently occupied by the coqui llanero, 
we also request data and information on what may constitute physical or 
biological features essential to the conservation of the species, where 
these features are currently found, and whether any of these features 
may require special management considerations or protection. In 
addition, we request data and information regarding whether there are 
areas outside the geographical area occupied by the species that are 
essential to the conservation of the species. Please provide specific 
comments and information as to what, if any, critical habitat you think 
we should propose for designation if the species is proposed for 
listing, and why such habitat meets the requirements of the Act.
    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 determinations 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.'' Based on the 
status review, we will issue a 12-month finding on the petition, as 
provided in section 4(b)(3)(B) of the Act.
    You may submit your information concerning this status review by 
one of the methods 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 your personal information from 
public review. However, we cannot guarantee that we will be able to do 
so. We will post all hardcopy comments on https://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 https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Caribbean Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT section).

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

[[Page 32511]]

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. 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 standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard 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'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a status review of the species.
    On May 22, 2007, we received a petition dated May 11, 2007, from 
the Caribbean Primate Research Center requesting that we list the coqui 
llanero as endangered under the Act. The petition also requested that 
we designate critical habitat concurrently with listing, if listing 
occurs. The petition clearly identified itself as such and included the 
requisite identification information for the petitioners, as required 
in 50 CFR 424.14(a). In a July 23, 2007, letter to the petitioners, we 
responded that we had reviewed the petition and determined that an 
emergency listing was not necessary. We also stated that we would not 
be able to address the petition until funding became available. Actions 
in this petition were precluded by court orders and settlement 
agreements for other listing actions that required nearly all of our 
listing funds for fiscal year 2007. However, in fiscal year 2008, 
funding became available, enabling us to address this petition. 
Accordingly, this finding addresses the petition. On January 22, 2009, 
we received an amended petition dated January 13, 2008. The amended 
petition included literature references published in 2007, provided 
photographs and maps, and updated information on current threats to the 
species.

Species Information

    Neftali Rios-L[oacute]pez and Richard Thomas first collected the 
coqui llanero (Eleutherodactylus juanariveroi), a tree frog, in 2005 
from a seasonally flooded herbaceous wetland near the U.S. Naval 
Security Group Activity Sabana Seca (USNS-GASS) property and the 
Caribbean Primate Research Center, Toa Baja, Puerto Rico. The coqui 
llanero was later described as a new species of the genus 
Eleutherodactylus, family Leptodactylidae, in 2007. Although the new 
species is similar to the Eleutherodactylus gryllus, differences in 
morphological ratios, body coloration, frequency of calls, call 
structure, DNA, and habitat association indicate that it is a well-
differentiated species (Rios-L[oacute]pez and Thomas 2007, pp. 53-60; 
Caribbean Primate Research Center 2007, p. 1; Caribbean Primate 
Research Center 2008, p. 1). At the time of this determination, this 
endemic Puerto Rican tree frog is only known from this type locality 
(Rios-L[oacute]pez and Thomas 2007, p. 60; Caribbean Primate Research 
Center 2007, p. 1; Departamento de Recursos Naturales y Ambientales 
(DRNA) 2007a, p. 3; DRNA 2007b, p. 1; Caribbean Primate Research Center 
2008, p. 2). It is only known to occur in the Sabana Seca-Ingenio Ward, 
Toa Baja, a municipality of Puerto Rico located on the northern coast, 
north of Toa Alta and Bayam[oacute]n; east of Dorado; and west of 
Cata[ntilde]o, approximately 12 miles (20 kilometers) from San Juan.
    The coqui llanero is the smallest Puerto Rican Eleutherodactylus 
and is the only known herbaceous-wetland specialist in Puerto Rico 
within the taxonomic genus Eleutherodactylus. It has a mean snout-vent 
length of 14.7 millimeters (mm) (0.58 inches (in)) in males, and 15.8 
mm (0.62 in) in females. The nares (nasal passages) are prominent, and 
a ridge connects them behind the snout tip, giving the tip a somewhat 
squared-off appearance. The species has well-developed glands through 
its body; its dorsal coloration is yellow to yellowish brown with a 
light, longitudinal, reversed comma mark on each side; and its mid-
dorsal zone is broadly bifurcated (divided into two branches). The 
species' communication call consists of a series of short high-pitched 
notes with call duration varying from 4 to 21 seconds. The 
advertisement call has the highest frequency among all Puerto Rican 
Eleutherodactylus, between 7.38 and 8.28 kilohertz. The calling 
activity starts at approximately 4:30 p.m. and decreases significantly 
before midnight. Egg clutches comprise one to five eggs and are found 
on leaf axils or leaf surfaces between 0.4 meters (m) (1.3 feet (ft)) 
and 1.2 m (3.9 ft) above water level (Rios-L[oacute]pez and Thomas 
2007, pp. 53-62). Observers did not see parental care in the field 
(Caribbean Primate Research Center 2007, p. 3; Caribbean Primate 
Research Center 2008, p. 5).
    The coqui llanero is only known to occur in the Sabana Seca-Ingenio 
Ward, Toa Baja type locality, which consists of approximately 180 
hectares (ha) (444.8 acres (ac)) of seasonally flooded palustrine 
(marshy, non-tidal wetlands substantially covered with emergent 
vegetation such as trees, shrubs, and moss, or fresh-water herbaceous 
wetland), at 17 m (55.8 ft) above sea level (Rios-L[oacute]pez and 
Thomas 2007, p. 60; Caribbean Primate Research Center 2007, p. 2). 
According to the petitioner, the species' habitat may represent a 
relict of an endemic habitat type (Rios-L[oacute]pez and Thomas 2007, 
p. 63). The habitat is categorized as within the subtropical moist 
forest life zone (Ewel and Whitmore 1973, pp. 20-38). The main 
vegetation in this herbaceous wetland consists of toothed midsorus fern 
(Blechnum serrulatum), willdenow's maiden fern (Thelypteris 
interrupta), bulltongue arrowhead (Sagittaria lancifolia), flat sedges 
(Cyperus sp.), spike rushes (Eleocharis sp.), and vines and grasses 
(Caribbean Primate Research Center 2007, p. 2; Caribbean Primate 
Research Center 2008, p. 2).
    The majority of the individuals were found perching and calling on 
the toothed midsorus fern and willdenow's maiden fern. Reproduction, 
however, only occurs on the bulltongue arrowhead (Caribbean Primate 
Research Center 2007, p. 2; Caribbean Primate Research Center 2008, p. 
4). All specimens (45 individuals) were collected while perching, 
sitting, or calling on herbaceous vegetation, mainly on ferns. Egg 
clutches were found on leaf axils (21 egg clutches) or leaf surfaces (3 
egg clutches) of only S. lancifolia (Rios-L[oacute]pez and Thomas 2007, 
p. 60).

Five-Factor Evaluation

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth procedures for adding species 
to the Federal List of Endangered and Threatened Wildlife and Plants. A 
species may be determined to be an endangered or threatened species 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) the 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 
regarding the coqui llanero, as presented in the petition and clarified 
by information available in our files, is substantial, thereby 
indicating that the petitioned action may be warranted. Our

[[Page 32512]]

evaluation of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Habitat or Range

    According to the petition, the existence of the coqui llanero is 
imperiled due to the existing and imminent threatened destruction, 
modification, and curtailment of its wetland habitat and geographic 
range. The petitioner identified three main threats under Factor A: (1) 
The construction of a go-kart and motorbike racetrack in the coqui 
llanero's wetland habitat, (2) urban development, and (3) contamination 
from the Toa Baja Municipal Landfill. The petition claims that the 
construction and operation of a go-kart and motorbike racetrack within 
the vicinity of the habitat of the coqui llanero are presently 
affecting the species' habitat. The petition also claims that 
contamination with oil, gasoline, and other pollutants due to this 
racetrack is a threat since the area is prone to flooding.
    Information in our files (DRNA 2007b, pp. 23-25) supports the 
petitioner's contention that the construction and operation of a 
racetrack for motorbikes and go-karts located north of the habitat 
would have negative impacts and is a current threat to the species. The 
Commonwealth of Puerto Rico's final designation of essential critical 
natural habitat for the coqui llanero (see Factor D discussion below) 
shows a photograph of the flooded racetrack (DRNA 2007b, p. 25). The 
text below the illustration specifies that the habitat of the coqui 
llanero was filled for the construction of racetrack, and that as a 
result of flooding events, contaminants such as oil and gasoline from 
the track spilled frequently into the wetland (DRNA 2007b, p. 25).
    As described in the petition, the Toa Baja Landfill, located inland 
on top of a limestone hill, is another major threat to the coqui 
llanero. The petition states that polluted waters from the continued 
operation of this landfill may pose a serious threat to the coqui 
llanero, because underground-contaminated waters and leachates reaching 
the wetlands may change water quality, soils, and consequently plant 
composition (Caribbean Primate Research Center 2007, p. 4; Caribbean 
Primate Research Center 2008, pp. 6-9).
    The petitioner also contends that the species and its habitat are 
threatened by large-scale residential projects that are currently 
planned within and around the coqui llanero habitat located within the 
south tract of the former U.S. Navy NSGA Sabana Seca. The petitioner 
states that the Municipality of Toa Baja (as part of its land use 
plans) intends to zone the habitat, an area formerly part of the Sabana 
Seca Navy Base, for residential development. The petitioner claims that 
the U.S. Navy, in collaboration with the Municipality of Toa Baja, has 
selected residential development as the ``preferred alternative'' for 
the wetlands area within the south tract of the former navy base, which 
would represent the destruction of 168 ha (416 ac) of wetlands, 
including the coqui llanero's habitat.
    In 2005, the U.S. Navy consulted with the Service on the sale of 
the former USNS-GASS property and reuse of the land for residential 
purposes. The proposed disposal mechanism for Sabana Seca involved the 
marketing and sale of the property. At that time, we were not aware of 
the existence of this new species and its habitat within the property. 
Therefore, the Service was only concerned about the possible adverse 
effects to wetland resources of future re-use and development of this 
area.
    The petitioners assert that the above issues substantially impact 
the distribution and abundance of the coqui llanero, as well as its 
habitat in all of its range. Based on the information provided in the 
petition and available in our files, we conclude that the petitioners 
have presented substantial information to indicate that the present or 
threatened destruction or modification of habitat or range may present 
a threat to this species.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Neither the petition nor information in our files presents 
information indicating that overutilization of coqui llanero for 
commercial, recreational, scientific, or educational purposes is a 
threat. Therefore, we find that the petition does not present 
substantial information to indicate that the overutilization for 
commercial, recreational, scientific, or educational purposes may 
present a threat to the coqui llanero.

C. Disease or Predation

    Neither the petition nor information in our files presents 
information indicating that disease or predation are significant 
threats to the coqui llanero. Therefore, we find that the petition does 
not present substantial information to indicate that disease or 
predation may present significant threats to the coqui llanero.

D. Inadequacy of Existing Regulatory Mechanisms

    The petitioner claims that we need to list the species and 
designate critical habitat for it because no other regulatory mechanism 
protecting the species or its habitat is in place. However, according 
to information in our files, the Department of Natural and 
Environmental Resources (DNER) for the Commonwealth of Puerto Rico 
designated the species as Critically Endangered and designated its 
habitat as Essential Critical Natural Habitat under Commonwealth Law 
241 and Regulation 6766 in July 2007. The designation as ``critically 
endangered'' prohibits any person from taking the species: It prohibits 
harm, possession, transportation, destruction, or import or export of 
individuals, nests, eggs or juveniles without previous authorization 
from the Secretary of DNER. Article 2 of Regulation 6766 includes all 
prohibitions.
    DNER designated approximately 200 ha (509 ac) as ``essential 
critical natural habitat'' in accordance with Regulation 6766. Article 
4.05 of this regulation specifies that an area designated as essential 
critical natural habitat cannot be modified unless scientific studies 
determine that such designation should be changed. Article 2.06 of this 
regulation prohibits collecting, harassing, hunting, and removing, 
among other activities, of listed animals within the jurisdiction of 
Puerto Rico.
    Because the coqui llanero's habitat is the first to be designated 
as Essential Critical Natural Habitat under Commonwealth Law 241 and 
Regulation 6766, no one is certain of the level of protection this law 
will provide. Therefore, we conclude that the petitioners have 
presented substantial information to indicate that existing regulatory 
mechanisms may be inadequate to protect the coqui llanero.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

    The petitioner asserts that the species is at risk of extinction 
throughout its range as a result of its extremely limited distribution 
of approximately 200 ha (494 ac). With European colonization, land was 
extensively drained and modified for agricultural practices. A shift in 
the Puerto Rican economy from agriculture to industry led to land 
abandonment, and this species' habitat is thought to represent a relic 
of an endemic herbaceous palustrine wetland. Based on the information 
provided in the petition and information in our files, the species is 
currently only known

[[Page 32513]]

from the Sabana-Seca-Ingenio Ward (the locality in which the species 
was described), a seasonally flooded palustrine herbaceous wetland in 
Toa Baja (Rios-L[oacute]pez and Thomas 2007, p. 60; Caribbean Primate 
Research Center 2007, p. 2; DRNA 2007a, pp. 1-11; and DRNA 2007b, pp. 
1-38; Caribbean Primate Research Center 2008, p. 2). Land conversion to 
residential or commercial projects is likely to occur in the near 
future because the Municipality of Toa Baja (as part of its land use 
plans) intends to zone the habitat, an area formerly part of the Sabana 
Seca Navy Base, for residential development. This species has not been 
found in any other location. The species' limited range and apparent 
habitat requirements may be a factor affecting the species' continued 
existence.
    The petitioner also asserted that the species is threatened by 
other reasons related to its low reproductive capacity, highly 
specialized ecological requirements, brush fires, use of herbicides and 
changing climate conditions. Although the petition reports an abundance 
of 450 individuals/ha (181 individuals/ac) (Caribbean Primate Research 
Center 2007, p. 3; Caribbean Primate Research Center 2008, p.5), it 
identified low reproductive capacity as a threat to the species. Rios-
L[oacute]pez and Thomas (2007, p. 60) found that egg clutches generally 
contain 1 to 5 eggs, based on data collected from 24 egg clutches. 
Rios-L[oacute]pez and Thomas (2007, p. 63) indicated that recent 
surveys conducted in nearby wetlands failed to locate the species and 
that apparently, there are few or no wetlands with plant composition 
similar to that found in the Sabana-Seca type locality.
    No additional information was provided regarding how many wetlands 
have been surveyed for determining presence or absence of the species 
nor what type of studies have been conducted to compare habitat 
characteristics among these wetlands. However, the evidence presented 
in the petition and in the scientific literature suggest that the 
species is an obligate marsh-dweller (Rios-L[oacute]pez 2007, p. 62) 
and has only been found in the Sabana Seca-Ingenio Ward. Also, the 
petition mentions that brush fire increases the species risk of 
extinction by reducing the cover of the wetland. The amended petition 
mentioned that the current use of herbicides in the former base, as 
part of the maintenance work on the grounds, represents a current 
threat to the species. Additionally, the amended petition identified 
changing climatic conditions as a possible threat to the wetland where 
the coqui llanero is currently present. However, no further information 
was provided supporting these threats.
    To summarize, the primary natural or manmade threats appear to be 
the limited distribution, low reproductive capacity, highly specialized 
ecological requirements, and potential threats such as the use of 
herbicides and fires to the species' habitat. Based on the information 
presented in the petition and available in our files, we find that the 
petition presents substantial information to indicate that other 
natural or manmade factors may be affecting the continued existence of 
the coqui llanero. Therefore, we find that the petition presents 
substantial information for this factor.

Finding

    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. 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 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)). 
As described in our five-factor analysis above, the petition presents 
substantial information indicating that listing the coqui llanero as 
threatened or endangered throughout its entire range may be warranted 
based on Factors A, D, and E. We reviewed the petition, supporting 
information provided by the petitioner, and information in our files, 
and we evaluated that information to determine whether the sources 
cited support the claims made in the petition.
    The petition and supporting information identified numerous factors 
affecting the species, including residential development, lack of 
regulatory mechanisms protecting the species and its habitat, and the 
limited habitat suitability available to the species. Our conclusion is 
based on information that indicates that the species' continued 
existence may be affected by loss and fragmentation of habitat from 
land conversion, development, and habitat contamination (Factor A); 
inadequate protection from threats by regulatory mechanisms (Factor D); 
and other natural or manmade factors such as limited habitat and range, 
low reproductive capacity, highly specialized ecological requirements, 
and use of herbicides and fires (Factor E). The petition did not 
contain information indicating that Factors B and C are considered a 
threat to this species. As a result of this finding, we are initiating 
a status review of the species. At the conclusion of the status review, 
we will issue a 12-month finding, in accordance with section 4(b)(3)(B) 
of the Act, as to whether or not we believe a proposal to list the 
species is warranted.
    The ``substantial information'' standard for a 90-day finding is 
not the same as the Act's ``best scientific and commercial data'' 
standard that applies to a 12-month finding to determine 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 of whether a petitioned action is 
warranted is not made until we have completed a thorough status review 
of the species as part of the 12-month finding on a petition, 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.

References Cited

    A complete list of references cited is available on the Internet at 
https://www.regulations.gov and upon request from the Caribbean 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff members of the 
Caribbean Ecological Services Field Office.

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: June 26, 2009.
Marvin E. Moriarty,
Acting Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-16065 Filed 7-7-09; 8:45 am]
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