Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order, 14496-14498 [2010-6802]

Download as PDF 14496 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Rules and Regulations DEPARTMENT OF COMMERCE Classification PART 1352—[CORRECTED] 48 CFR Part 1352 Executive Order 12866: This rule has been determined to be not significant for purposes of Executive Order 12866, Regulatory Planning and Review. Administrative Procedure Act/ Regulatory Flexibility Act: Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to waive prior notice and opportunity for public comment otherwise required by the section because it is unnecessary. The Department takes this action to correct an error in the headings that appear for each clause in subpart 1352.2. In the final rule published on March 8, 2010, the Department included a reference to ‘‘DATE’’ in each clause heading in subpart 1352 to serve as a placeholder for the month and year when the rule is published so that each clause may have a reference point. This placeholder was inadvertently retained rather than updated with the month and year of the final rule when the rule becomes effective. This final rule corrects this typographical error by adding the month and year when the rule is to become effective, which is April 2010. This amendment is a purely technical, nonsubstantive change to the regulations. No aspect of this action is controversial. This rule does not change any procurement practices or procedures made by the March 8, 2010 rule. The error should be corrected immediately to eliminate potential confusion by the regulated public. For the reasons stated above, the Department finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do not apply. Paperwork Reduction Act: This rule does not impose any new information collections subject to review and approval by OMB under the Paperwork Reduction Act. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of PRA, unless that collection of information displays a currently valid OMB control number. In FR Doc. 2010–4132 appearing on page 10568 in the Federal Register of Monday, March 8, 2010, the following corrections are made: ■ [Document Number: 080730954–0129–03] RIN 0605–AA26 Commerce Acquisition Regulation (CAR); Correction AGENCY: Department of Commerce (DOC). ACTION: Final rule; correction. SUMMARY: We, the Department of Commerce, issue a final rule to bring the Commerce Acquisition Regulation in alignment with the Federal Acquisition Regulation (FAR) and to streamline DOC’s internal policy and guidance. DATES: This rule is effective April 7, 2010. The final rule is available on the DOC Web site https:// www.doc.gov, or https:// www.regulations.gov, or by contacting the Department of Commerce: Room 1854, 1401 Constitution Avenue, NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Virna Evans, 202–482–3483. SUPPLEMENTARY INFORMATION: On March 8, 2010, the Department of Commerce published a final rule to amend the CAR to update the regulations since its last revision on September 12, 1995. That rule updated the CAR to bring it into alignment with the current provisions of the FAR and added numerous new clauses that correspond to the new procedural requirements added to the CAR. For a detailed description of the changes by CAR Part, see the final rule published on March 8, 2010 in the Federal Register (75 FR 10568). The document is also available at https:// www.Regulations.gov under Docket Number: DOC–2009–0003–0001. Upon publication of the regulations, the Department identified a typographical error in the clause headings that appear in subpart 1352.2. In each clause heading, the Department included a reference to ‘‘DATE’’ to serve as a placeholder for the month and year when the rule is published so that each clause may have a reference point. However, this placeholder was not updated before the final rule was published. This final rule corrects this typographical error by adding to each clause heading the month and year when the clause is effective, which is April 2010. This amendment is a purely technical, non-substantive change to the regulations. No aspect of this action is controversial. emcdonald on DSK2BSOYB1PROD with RULES ADDRESSES: VerDate Nov<24>2008 13:47 Mar 25, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 On pages 10594 through 10616, in part 1352, correct the clause heading of each section by revising each reference to ‘‘(DATE)’’ to read ‘‘(APR 2010)’’. Dated: March 17, 2010. Scott Quehl, Assistant Secretary for Administration. [FR Doc. 2010–6730 Filed 3–25–10; 8:45 am] BILLING CODE P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2010–0021; 92220–1113–0000; C6] RIN 1018–AW97 Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing this final rule to comply with a court order that has the effect of reinstating the regulatory protections under the Endangered Species Act of 1973 (ESA), as amended, for the grizzly bear (Ursus arctos horribilis) in the Greater Yellowstone Area (GYA) and surrounding area. This rule corrects the grizzly bear listing to reinstate the listing of grizzly bears in the GYA. This final rule also takes administrative action to correct two associated special rules. DATES: This action is effective March 26, 2010. However, the court order had legal effect immediately upon being filed on September 21, 2009. FOR FURTHER INFORMATION CONTACT: Dr. Christopher Servheen, Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, at our Missoula office (see ADDRESSES above) or telephone (406) 243–4903. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at (800) 877–8337 for TTY assistance. SUPPLEMENTARY INFORMATION: Background On March 29, 2007, we announced the establishment of a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the E:\FR\FM\26MRR1.SGM 26MRR1 14497 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Rules and Regulations GYA and surrounding area and removed this DPS from the List of Threatened and Endangered Wildlife (72 FR 14866). In that rule, we determined that the Yellowstone grizzly bear population was no longer an endangered or threatened population pursuant to the ESA (16 U.S.C. 1531 et seq.), based on the best scientific and commercial data available. Robust population growth, coupled with State and Federal cooperation to manage mortality and habitat, widespread public support for grizzly bear recovery, and the development of regulatory mechanisms, brought the Yellowstone grizzly bear population to the point where making a change to its status was appropriate. Subsequently, three lawsuits challenging our decision were filed in Federal courts in Boise, Idaho, and in Missoula, Montana. Legal briefings in these cases were completed in 2008. In the Montana case, the plaintiff presented four claims including: (1) The regulatory mechanisms to protect the grizzly once it is delisted are inadequate; (2) the Service did not adequately consider the impacts of global warming and other factors on whitebark pine nuts, a grizzly food source; (3) the population is unacceptably small and dependent on translocation of outside animals for genetic diversity; and (4) the Service did not properly consider whether the grizzlies were recovered across a significant portion of their range. On September 21, 2009, the Montana District Court issued an order in which plaintiffs prevailed on the first and second counts, while the United States prevailed on the third and fourth counts. The court’s order vacated the delisting and remanded it to the Service. Thus, this final rule is required to correct the Yellowstone grizzly bear population’s listing status. The United States is considering whether to appeal this decision. Regardless, this final rule is necessary because this process, should we move forward with an appeal, would likely take several years to complete. The grizzly bear is a member of the brown bear species (U. arctos) that occurs in North America, Europe, and Asia; the subspecies U. a. horribilis is limited to North America (Rausch 1963, p. 43; Servheen 1999, pp. 50–53). The original 1975 grizzly bear listing (40 FR 31734–31736, July 28, 1975) established the listed entity as U. a. horribilis. However, the entry for grizzly bear in the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) was later modified inadvertently to U. arctos with a historic holarctic range. We corrected the listed entity back to its original form in the March 29, 2007, final rule (72 FR 14866), which again set forth the listed entity as U. arctos horribilis with a historic range of North America. With this final rule, we make this same correction to the special regulations found at 50 CFR 17.40(b) and 17.84(l). Administrative Procedure This rulemaking is necessary to comply with the September 21, 2009, court order. Therefore, under these circumstances, the Director has determined, pursuant to 5 U.S.C. 553(b), that prior notice and opportunity for public comment are impractical and unnecessary. The Director has further determined, pursuant to 5 U.S.C. 553(d), that the agency has good cause to make this rule effective upon publication. Effects of the Rule As of the filing of the respective court order, any and all grizzly bears in the Species Vertebrate population where endangered or threatened Historic range Common name Scientific name Status GYA are listed as a threatened species under the ESA. Because the Court vacated the entire delisting rule and remanded it to the Service, there is no longer a GYA grizzly bear DPS. Thus, all grizzly bears in the lower 48 States are again listed as threatened (50 CFR 17.11(h)). An existing 4(d) rule again applies to this population (50 CFR 17.40(b)). This rule will not affect the grizzly bear’s Appendix II status under the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, in order to comply with the court orders discussed above, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: ■ PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: ■ Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. 2. Amend § 17.11 by revising the entry in the table at paragraph (h) for ‘‘Bear, grizzly’’ as follows: ■ § 17.11 * [Amended] * * (h) * * * When listed * * Critical habitat Special rules Mammals * Ursus arctos horribilis. * North America ........ Do ............................ emcdonald on DSK2BSOYB1PROD with RULES * Bear, grizzly ............ do ........................... do ........................... * * * * § 17.40 * * * U.S.A., T conterminous (lower 48) States, except where listed as an experimental population. U.S.A. (portions of XN ID and MT, see 17.84(l)). [Amended] 3. Amend § 17.40 by adding the word ‘‘horribilis’’ after the word ‘‘arctos’’ in paragraph (b) heading and in the ■ VerDate Nov<24>2008 13:47 Mar 25, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 * 1, 2D, 9, 759 NA * 17.40(b) 706 NA 17.84(l) definition of ‘‘Grizzly bear’’ in paragraph (b)(2). E:\FR\FM\26MRR1.SGM 26MRR1 14498 § 17.84 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Rules and Regulations [Amended] National Oceanic and Atmospheric Administration Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,011mt, and is setting aside the remaining 20 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 50 CFR Part 679 Classification [Docket No. 0910131362–0087–02] This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in the West Yakutat District of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 22, 2010. The AA also finds good cause to waive the 30–day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. 4. Amend § 17.84 by adding the word ‘‘horribilis’’ after the word ‘‘arctos’’ in paragraph (l) heading. ■ Dated: March 9, 2010. Daniel M. Ashe, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2010–6802 Filed 3–25–10; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE RIN 0648–XV51 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska emcdonald on DSK2BSOYB1PROD with RULES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of pollock in the West Yakutat District of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 23, 2010, through 2400 hrs, A.l.t., December 31, 2010. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2010 TAC of pollock in the West Yakutat District of the GOA is 2,031 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish of the GOA (75 FR 11749, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2010 TAC of pollock in the West Yakutat District of the GOA will soon be reached. VerDate Nov<24>2008 13:47 Mar 25, 2010 Jkt 220001 Authority: 16 U.S.C. 1801 et seq. Dated: March 23, 2010. Emily H. Menashes, Acting Director Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–6754 Filed 3–23–10; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XV52 Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the Amendment 80 limited access fishery. This action is necessary to prevent exceeding the 2010 A season allocation of Atka mackerel in this area allocated to vessels participating in the Amendment 80 limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 23, 2010, through 1200 hrs, A.l.t., September 1, 2010. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 908–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2010 A season allocation of Atka mackerel allocated to vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District was established as 7,457 metric tons (mt) by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2010 Atka mackerel A season TAC allocated to vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed E:\FR\FM\26MRR1.SGM 26MRR1

Agencies

[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Rules and Regulations]
[Pages 14496-14498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6802]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2010-0021; 92220-1113-0000; C6]
RIN 1018-AW97


Endangered and Threatened Wildlife and Plants; Reinstatement of 
Protections for the Grizzly Bear in the Greater Yellowstone Ecosystem 
in Compliance With Court Order

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service) are issuing 
this final rule to comply with a court order that has the effect of 
reinstating the regulatory protections under the Endangered Species Act 
of 1973 (ESA), as amended, for the grizzly bear (Ursus arctos 
horribilis) in the Greater Yellowstone Area (GYA) and surrounding area. 
This rule corrects the grizzly bear listing to reinstate the listing of 
grizzly bears in the GYA. This final rule also takes administrative 
action to correct two associated special rules.

DATES: This action is effective March 26, 2010. However, the court 
order had legal effect immediately upon being filed on September 21, 
2009.

FOR FURTHER INFORMATION CONTACT: Dr. Christopher Servheen, Grizzly Bear 
Recovery Coordinator, U.S. Fish and Wildlife Service, at our Missoula 
office (see ADDRESSES above) or telephone (406) 243-4903. Individuals 
who are hearing-impaired or speech-impaired may call the Federal Relay 
Service at (800) 877-8337 for TTY assistance.

SUPPLEMENTARY INFORMATION:

Background

    On March 29, 2007, we announced the establishment of a distinct 
population segment (DPS) of the grizzly bear (Ursus arctos horribilis) 
for the

[[Page 14497]]

GYA and surrounding area and removed this DPS from the List of 
Threatened and Endangered Wildlife (72 FR 14866). In that rule, we 
determined that the Yellowstone grizzly bear population was no longer 
an endangered or threatened population pursuant to the ESA (16 U.S.C. 
1531 et seq.), based on the best scientific and commercial data 
available. Robust population growth, coupled with State and Federal 
cooperation to manage mortality and habitat, widespread public support 
for grizzly bear recovery, and the development of regulatory 
mechanisms, brought the Yellowstone grizzly bear population to the 
point where making a change to its status was appropriate.
    Subsequently, three lawsuits challenging our decision were filed in 
Federal courts in Boise, Idaho, and in Missoula, Montana. Legal 
briefings in these cases were completed in 2008.
    In the Montana case, the plaintiff presented four claims including: 
(1) The regulatory mechanisms to protect the grizzly once it is 
delisted are inadequate; (2) the Service did not adequately consider 
the impacts of global warming and other factors on whitebark pine nuts, 
a grizzly food source; (3) the population is unacceptably small and 
dependent on translocation of outside animals for genetic diversity; 
and (4) the Service did not properly consider whether the grizzlies 
were recovered across a significant portion of their range.
    On September 21, 2009, the Montana District Court issued an order 
in which plaintiffs prevailed on the first and second counts, while the 
United States prevailed on the third and fourth counts. The court's 
order vacated the delisting and remanded it to the Service. Thus, this 
final rule is required to correct the Yellowstone grizzly bear 
population's listing status.
    The United States is considering whether to appeal this decision. 
Regardless, this final rule is necessary because this process, should 
we move forward with an appeal, would likely take several years to 
complete.
    The grizzly bear is a member of the brown bear species (U. arctos) 
that occurs in North America, Europe, and Asia; the subspecies U. a. 
horribilis is limited to North America (Rausch 1963, p. 43; Servheen 
1999, pp. 50-53). The original 1975 grizzly bear listing (40 FR 31734-
31736, July 28, 1975) established the listed entity as U. a. 
horribilis. However, the entry for grizzly bear in the List of 
Endangered and Threatened Wildlife at 50 CFR 17.11(h) was later 
modified inadvertently to U. arctos with a historic holarctic range. We 
corrected the listed entity back to its original form in the March 29, 
2007, final rule (72 FR 14866), which again set forth the listed entity 
as U. arctos horribilis with a historic range of North America. With 
this final rule, we make this same correction to the special 
regulations found at 50 CFR 17.40(b) and 17.84(l).

Administrative Procedure

    This rulemaking is necessary to comply with the September 21, 2009, 
court order. Therefore, under these circumstances, the Director has 
determined, pursuant to 5 U.S.C. 553(b), that prior notice and 
opportunity for public comment are impractical and unnecessary. The 
Director has further determined, pursuant to 5 U.S.C. 553(d), that the 
agency has good cause to make this rule effective upon publication.

Effects of the Rule

    As of the filing of the respective court order, any and all grizzly 
bears in the GYA are listed as a threatened species under the ESA. 
Because the Court vacated the entire delisting rule and remanded it to 
the Service, there is no longer a GYA grizzly bear DPS. Thus, all 
grizzly bears in the lower 48 States are again listed as threatened (50 
CFR 17.11(h)). An existing 4(d) rule again applies to this population 
(50 CFR 17.40(b)).
    This rule will not affect the grizzly bear's Appendix II status 
under the Convention on International Trade of Endangered Species of 
Wild Fauna and Flora (CITES).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

0
Accordingly, in order to comply with the court orders discussed above, 
we amend part 17, subchapter B of chapter I, title 50 of the Code of 
Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.


0
2. Amend Sec.  17.11 by revising the entry in the table at paragraph 
(h) for ``Bear, grizzly'' as follows:


Sec.  17.11  [Amended]

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species                                                Vertebrate
----------------------------------------------------                      population where                                        Critical     Special
                                                       Historic range       endangered or       Status         When listed        habitat       rules
          Common name              Scientific name                           threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Mammals
 
                                                                      * * * * * * *
Bear, grizzly..................  Ursus arctos        North America.....  U.S.A.,             T             1, 2D, 9, 759                 NA     17.40(b)
                                  horribilis.                             conterminous
                                                                          (lower 48)
                                                                          States, except
                                                                          where listed as
                                                                          an experimental
                                                                          population.
Do.............................  do................  do................  U.S.A. (portions    XN            706                           NA     17.84(l)
                                                                          of ID and MT, see
                                                                          17.84(l)).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  17.40  [Amended]

0
3. Amend Sec.  17.40 by adding the word ``horribilis'' after the word 
``arctos'' in paragraph (b) heading and in the definition of ``Grizzly 
bear'' in paragraph (b)(2).

[[Page 14498]]

Sec.  17.84  [Amended]

0
4. Amend Sec.  17.84 by adding the word ``horribilis'' after the word 
``arctos'' in paragraph (l) heading.

    Dated: March 9, 2010.
Daniel M. Ashe,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-6802 Filed 3-25-10; 8:45 am]
BILLING CODE 4310-55-P
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