[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Proposed Rules]
[Pages 45383-45390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17533]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2008-0063; 92300-1113-0000-9B]
RIN 1018-AU62


Endangered and Threatened Wildlife and Plants; Amending the 
Formats of the Lists of Endangered and Threatened Wildlife and Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), propose to amend 
the formats of the Lists of Endangered and Threatened Wildlife and 
Plants to include current practices and standards that will make the 
regulations and Lists easier for the public to understand. When we 
finalize this proposed rule, we will publish the Lists of Endangered 
and Threatened Wildlife and Plants in their entirety in the new 
formats.

DATES: We must receive comments by September 4, 2008 in order to ensure 
their consideration in our final decision.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-ES-2008-0063; 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 comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Michael Franz, Office of Program 
Support, Endangered Species, U.S. Fish and Wildlife Service, 4401 N. 
Fairfax Drive, Arlington, VA, 22203; telephone 703-358-2079. If you use 
a telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    The Lists of Endangered and Threatened Wildlife and Plants (Lists), 
found in the Code of Federal Regulations (CFR) at 50 CFR 17.11 for 
wildlife and 50 CFR 17.12 for plants, contain the names of species 
officially listed as endangered or threatened under the Endangered 
Species Act of 1973, as amended 16 U.S.C. Sec. Sec. 1531 et seq.(ESA). 
The most recent compilation of Lists appears in the 2007 edition of 
title 50 CFR, which was issued in early 2008. That compilation included 
regulatory amendments effective as of October 1, 2007.
    The species were placed on the Lists by FWS, by the National Marine 
Fisheries Service (NMFS) of the Department of Commerce's National 
Oceanic and Atmospheric Administration, or by both of these agencies in 
joint rulemaking actions. References to ``Services'' in the text of 
Sec. 17.11 and Sec. 17.12 refer to both of these agencies.
    The Lists represent the official Government record of which species 
are listed and where they are considered listed under the ESA. Over 
time, we have noted numerous anomalies in the Lists, including 
ambiguous entries and confusing format and column titles. After 
detailed research on the origin, history, and purpose of the Lists, we 
determined that the format, references, and standards need to be 
updated. This rule is designed to address these observed problems and 
propose corrections to enhance the clarity of the lists.

History of the Lists of Endangered and Threatened Species

    The first endangered species list was published March 8, 1969 (35 
FR 5034) and included only two columns, Common Name and Scientific 
Name. In 1971, that list was added to title 50 CFR in the newly created 
section 17 and divided into two separate lists with appendix A being 
the ``U.S. List of Endangered Foreign Fish and Wildlife'' with three 
columns (Common Name, Scientific Name, and Where Found) and appendix D 
being the ``United States' List of Endangered Native Fish and 
Wildlife'' with still only the original two columns (Common Name and 
Scientific Name).
    In 1974, the two appendices were changed into the now familiar 
locations in Sec. 17.11 and Sec. 17.12 with the appendix A becoming 
Sec. 17.11 (Foreign) and

[[Page 45384]]

appendix D becoming Sec. 17.12 (Native). In 1975, the two Lists were 
fused into one list at Sec. 17.11 (Wildlife), and the columns were 
expanded from three to eight (Common Name, Scientific Name, Population, 
Known Distribution, Portion of Range Where Endangered or Threatened, 
Status, When Listed, and Special Rules). See figure 1, below. The 
``When Listed'' footnote system was created with 11 footnotes. Section 
17.12 was reserved for ``Endangered and Threatened Plants''.
    Figure 1 - Sec. 17.11 Wildlife

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species                                  Population
------------------------------------------------------------------------------------
                                                                   Portion of Range        Range            Status        When Listed     Special rules
         Common name            Scientific name        Known       Where Endangered
                                                   Distribution      or Threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In 1977, Sec. 17.12 was populated with only seven columns (Common 
Name, Scientific Name, Known Distribution, Portion of Range Where 
Threatened or Endangered, Status, When Listed, and Special rules). See 
figure 2, below. The Sec. 17.12 List had its own footnote system, which 
was only one footnote at that time.
    Figure 2 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                         Range
---------------------------------------------------------------------------------------------
                                                                           Portion of Range         Status            When Listed        Special rules
           Common name              Scientific name   Known Distribution   Where Threatened
                                                                             or Endangered
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In 1980, the Lists were reformatted into their present columns. A 
proposed rule was published on August 15, 1979 (44 FR 47862), proposing 
to include the following columns for Sec. 17.11: Common name, 
Scientific name, Historic range, Population where endangered or 
threatened, Status, When listed, Critical habitat, and Special rules; 
and the following columns for Sec. 17.12: Scientific name, Common name, 
Historic range, Status, When listed, Critical habitat, and Special 
rules. A final rule was published on February 27, 1980 (45 FR 13010), 
with the following columns for Sec. 17.11: Common name, Scientific 
name, Historic range, Vertebrate population where endangered or 
threatened, Status, When listed, Critical habitat, and Special rules. 
The final rule adopted the columns for Sec. 17.12 as they had appeared 
in the proposed rule. See figures 3 and 4.
    Figure 3 - Sec. 17.11 Wildlife

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species                                           Vertebrate
------------------------------------------------                   Population where                                         Critical
                                                  Historic Range     Endangered or        Status         When Listed        Habitat       Special Rules
         Common Name            Scientific Name                       Threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Figure 4 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species
-----------------------------------------------------   Historic Range          Status            When Listed      Critical Habitat      Special Rules
           Common Name              Scientific Name
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Neither the proposed rule nor the final rule included the entire 
Lists. The Lists were published in the new format with technical errors 
corrected on May 20, 1980 (45 FR 33767). On September 30, 1994 (59 FR 
49848), the family grouping of the plants, which had resided in the 
scientific name column, was moved to a new column named ``Family.'' See 
figure 5.
    Figure 5 - Sec. 17.12 Plants

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic Range        Family            Status         When Listed        Critical      Special Rules
         Common Name            Scientific Name                                                                             Habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 45385]]

Rule Purpose

    We are proposing all of the changes in this rulemaking to update 
the regulations to include current practices and standards and ensure 
that the regulations and lists are easy for the public to understand. 
We are also standardizing entries and correcting numerous anomalies, 
ambiguous entries, and confusing formats. None of the proposed changes 
are regulatory in nature; we are proposing them for the purpose of 
clarity. Technical corrections in the final rulemaking will include but 
are not limited to updating or correcting: historical range, footnotes, 
references to certain other applicable portions of title 50 CFR, 
synonyms, the spelling of species' names and providing more current 
names. No revisions will be made to the species, as defined in current 
50 CFR 17.11(b) or 17.12(b), or its status. These two actions would 
require separate rulemakings following the procedures of part 424 of 50 
CFR.

Renaming and Reorganizing the Lists' Columns

    With this proposed rule, we are renaming and reorganizing the 
columns in the lists to clarify the types of information being 
presented.

``When listed'' to ``Citations''

    For both Lists, we will replace the column heading ``When listed'' 
with ``Citations.'' This column currently contains footnote numbers 
referencing a table of citations for final listing rules and special 
rules under section 4(d) of the Act. When we last proposed to reformat 
the Lists in 1979, this table contained only 44 footnotes. The current 
table has more than 700 entries, and has become hard to manage and use. 
To correct this, we propose to replace the footnote numbers that 
currently populate this column with the actual Federal Register 
citation (volume and document starting page number) and publication 
date that are in the table following each list. We will also 
standardize the references so that they all refer to the first page of 
the published document and correct any errors. For example, some 
existing footnotes reference the wrong date or miss a citation 
reference. When we publish the Lists for the final rule, we will 
correct those entries to standardize and ease information promulgation.

``Vertebrate population where endangered or threatened'' to ``Where 
listed''

    In the October 1, 2000, edition of the CFR, in the List of 
Endangered and Threatened Wildlife found at Sec. 17.11(h), all of the 
entries for invertebrate species within the column ``Vertebrate 
population where endangered or threatened'' were erroneously changed to 
``Entire''. We had originally published these entries with ``NA'' (Not 
Applicable) in that column due to the title only applying to vertebrate 
populations. The error was purely editorial; it in no way changed any 
of the applicable provisions of law. Upon further investigation, we 
found that the location information of invertebrate species with 
experimental populations were placed in this column. We also discovered 
that as the experimental populations of invertebrate species were added 
to the wildlife list by the Service, many of those entries contained 
``Dittos'' to show duplicate information in the Lists. Some of those 
entries containing ``Dittos'' followed entries that had been 
erroneously changed to ``Entire'' in 2000. As a result, there were 
numerous errors.
    For the list of wildlife (Sec. 17.11(h)) only, we propose replacing 
the column heading ``Vertebrate population where endangered or 
threatened'' with ``Where listed,'' because certain entries in this 
column apply to invertebrate experimental populations. The new name 
``Where listed'' better reflects the data within the column. We also 
propose changing all the current entries ``N/A'' to ``Entire'' to 
reflect the change in the column title. And lastly, we will no longer 
utilize the ``Dittos'' system to show duplicate information.
    For the list of plants (Sec. 17.12(h)), we propose replacing the 
``Family'' column with a ``Where listed'' column to standardize both 
lists to identical column and structure. We also propose populating 
each entry for that column with ``Entire'' because the ESA protection 
for all of the plants currently on the list applies to all individuals 
of a plant species wherever found. Future additions to the list may 
have a more limited entry under the ``Where listed'' column. The family 
name is available for each entry on the species' profile page 
accessible through the Service's website (http://www.fws.gov/endangered/).
    These proposed amendments to the Lists are editorial in nature and 
involve no substantive changes to the List of Endangered and Threatened 
Wildlife found at 50 CFR 17.11(h) or the List of Endangered and 
Threatened Plants found at 50 CFR 17.12(h), nor to any applicable 
regulations.

Adding ESU and DPS Subtitles to ``Common Name''

    Since the lists were last reformatted, the Services have 
implemented several policies that have affected the format of the 
Sec. 17.11 (h) list. NMFS's Evolutionarily Significant Unit (ESU) 
policy (56 FR 58612, November 20, 1991) and the interagency Policy 
Regarding the Recognition of Distinct Population Segment (DPS; 61 FR 
4721, February 7, 1996) allow for more refined application of the ESA 
that better reflects the conservation needs of the taxon being 
considered, and avoids the inclusion of entities that may not warrant 
protection under the ESA. Currently, the ``Vertebrate population where 
endangered or threatened'' column distinguishes the different ESU and 
DPS entries for the same species by describing the geographic area 
where they occur, but without providing a name for the population. To 
facilitate distinguishing the ESU/DPS entries, we are proposing to add 
the ESU or DPS subtitle to the Common Name column in brackets 
(Sec. 17.11(h) only).

Reorganizing the Columns

    We have reorganized the columns to separate the regulatory data 
columns from the ``information only'' and ``navigational reference'' 
data columns. We have placed all the regulatory columns [``Species 
(Common name (ESU/DPS) and Scientific name),'' ``Status,'' and ``Where 
listed''] together as the first four columns of the lists, the 
information-only column [``Historic range''] as the next column, and 
the navigational references [``Citations,'' ``Special rules,'' and 
``Critical habitat''] as the final three columns. See Figures 6 - 9.
    Figure 6 - Current Sec. 17.11 Column Titles and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species                                           Vertebrate
------------------------------------------------                   population where                                         Critical
                                                  Historic range     endangered or        Status         When listed        habitat       Special rules
         Common name            Scientific name                       threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 45386]]

    Figure 7 - Proposed Sec. 17.11 Column Title and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------      Status         Where listed     Historic range      Citations      Special rules       Critical
   Common name [ESU or DPS]     Scientific name                                                                                              habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Figure 8 - Current Sec. 17.12 Column Titles and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic range        Family            Status         When listed        Critical      Special rules
       Scientific name            Common name                                                                               habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Figure 9 - Proposed Sec. 17.12 Column Title and Positions:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------      Status         Where listed     Historic range      Citations      Special rules       Critical
       Scientific name            Common name                                                                                                habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We also propose to reorganize and update the text introducing the 
lists of wildlife and plants (Sec. 17.11(h) and Sec. 17.12(h), 
respectively) to reflect the proposed changes described above.

Updating Standards References

    For species' nomenclature (scientific and common names), we propose 
to change the primary source upon which we rely. The current text 
introducing the lists in Sec. 17.11 and Sec. 17.12 references two 
standards for scientific nomenclature: The International Code of 
Zoological Nomenclature and The International Code of Botanical 
Nomenclature. Respectfully, instead of referencing those International 
Codes, we propose that the Service now rely to the extent practicable 
on the Integrated Taxonomic Information System (ITIS) which 
incorporates both of the International Code standards and the standard 
references adopted for the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES).
    In addition to incorporating the standards the service has already 
been using, ITIS is an authoritative taxonomic database (http://www.itis.gov) maintained by a partnership of U.S., Canadian, and 
Mexican agencies; other organizations; and taxonomic specialists. The 
U.S. partners include the National Oceanic and Atmospheric 
Administration of the Department of Commerce; the U.S. Geological 
Survey and National Park Service of the Department of the Interior; the 
Environmental Protection Agency; the Agricultural Research Service and 
Natural Resources Conservation Service of the Department of 
Agriculture; the National Biological Information Infrastructure (NBII); 
the Smithsonian Institution; and NatureServe (a nonprofit organization 
representing the Natural Heritage programs in the States). The NBII is 
a broad-based, collaborative program among Federal, State, 
international, nongovernmental, academic, and private industry 
partners. Its Federal partners include the FWS and the Bureau of Land 
Management of the Department of the Interior; the National Aeronautics 
and Space Administration; the National Science Foundation; the 
Tennessee Valley Authority; the Forest Service of the Department of 
Agriculture; the Federal Geographic Data Committee; and the Gap 
Analysis Program.
    CITES is an international convention among 173 signatory countries 
(Parties) to ensure that international trade in specimens of wild 
animals and plants does not threaten their survival (50 CFR part 23). 
The CITES Parties have adopted standard nomenclatural and taxonomic 
references for species included in the CITES Appendices, which are 
listed in the most recent CITES resolution on standard nomenclature. 
(http://www.cites.org/eng/res/index.shtml)

Public Comments

    You may submit your comments and materials concerning our proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hard copy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hard copy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov [FDMS 
Docket Number: FWS-R9-ES-2008-0063], or by appointment, during normal 
business hours, at the U.S. Fish and Wildlife Service, Office of 
Program Support, Endangered Species Program (see FOR FURTHER 
INFORMATION CONTACT).
    You may obtain copies of the proposed rule by mail from the U.S. 
Fish and Wildlife Service, Office of Program Support, Endangered 
Species Program (see FOR FURTHER INFORMATION CONTACT), or by visiting 
the Federal

[[Page 45387]]

eRulemaking Portal at http://www.regulations.gov.

Required Determinations

Regulatory Planning and Review (E.O. 12866)

    This proposed rule is not significant and is not subject to review 
by the Office of Management and Budget under Executive Order (E.O.) 
12866. The Office of Management and Budget (OMB) has determined that 
this rule is not significant under Executive Order 12866 (E.O. 12866). 
OMB based its determination upon the following four criteria:
    (a)Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b)Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c)Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d)Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed rule 
would not have a significant economic effect on a substantial number of 
small entities under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.). The changes we are proposing to make are intended primarily 
to update the standards of scientific naming used in the Lists of 
Endangered and Threatened Wildlife and Plants and to clarify language 
in our regulations. These changes would not have a substantive impact 
on the scope of the regulation, and thus would not affect businesses or 
other small entities as defined in the RFA.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
    1. Would not have an annual effect on the economy of $100 million 
or more.
    2. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions.
    3. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. This proposed rule would not have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. Our proposal would simply reorganize and clarify existing 
regulations and provide new standard references for species' 
nomenclature. A statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications. We are proposing only to reorganize 
and clarify existing regulations and provide new standard references 
for species' nomenclature. This action would therefore not interfere 
with constitutionally protected private property rights. A takings 
implication assessment is not required.

Federalism (E.O. 13132)

    In accordance with E.O. 13132, this proposed rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment. As our proposal involves reorganizing and 
clarifying existing regulations, and providing new standard references 
for species' nomenclature, we do not expect it would have any effect on 
State or local governments or their activities. A Federalism Assessment 
is not required.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this proposed rule does not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This proposed rule does not contain any new or revised information 
collections for which Office of Management and Budget approval is 
required under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An 
agency may not conduct or sponsor and a person is not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

National Environmental Policy Act

    This proposed rule has been analyzed under the criteria of the 
National Environmental Policy act and 318 DM 2.2 (g) and 6.3 (D). This 
proposed rule does not amount to a major Federal action significantly 
affecting the quality of the human environment. An environmental impact 
statement/evaluation is not required. This proposed rule is 
categorically excluded from further National Environmental Policy Act 
requirements, under part 516 of the Departmental Manual, Chapter 2, 
Appendix 1.10. This categorical exclusion addresses policies, 
directives, regulations, and guidelines that are of an administrative, 
financial, legal, technical, or procedural nature and whose 
environmental effects are too broad, speculative, or conjectural to 
lend themselves to meaningful analysis under NEPA.

Government-to-Government Relationship with Tribes

    Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59 
FR 22951), and the Department of the Interior's Manual at 512 DM 2, we 
have evaluated possible effects on federally recognized Indian Tribes 
and have determined that there are no effects. Our proposal would 
simply reorganize and clarify existing regulations and provide new 
standard references for species' nomenclature.

Energy Supply, Distribution, or Use

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This proposed rule 
proposes to revise the formats of the Lists of Endangered and 
Threatened Wildlife and Plants. This rule is not expected to 
significantly affect energy supplies, distribution, and use. Therefore, 
this action is a not a significant energy action, and no Statement of 
Energy Effects is required.

Author

    Michael Franz, Office of Program Support, compiled this document.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    For the reasons set forth in the preamble, we propose to amend part 
17, subchapter B of chapter I, title 50 of the Code of Federal 
Regulations, as set forth below:

[[Page 45388]]

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 Sec. 17.11 by revising paragraphs (a) through (g), and the 
introductory text and the column headings in the List of Endangered and 
Threatened Wildlife in paragraph (h), to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

    (a) The list in paragraph (h) of this section contains the wildlife 
species determined by the Services to be endangered or threatened. It 
also contains the wildlife species treated as endangered or threatened 
because they are similar in appearance to and may be confused with 
endangered or threatened species (see Sec. 17.50 et seq.). The ``Common 
name,'' ``Scientific name,'' ``Status,'' and ``Where listed'' columns 
provide regulatory information; together, they define the wildlife 
species within the meaning of the Act. When a taxon has more than one 
entry, the ``Status'' or ``Where listed'' column will identify its 
status in each relevant geographic area. The listing of a particular 
taxon includes all lower taxonomic units. For example, the genus 
Hylobates (gibbons) is listed as endangered throughout its entire 
range; consequently, all species, subspecies, and populations of that 
genus, wherever found, are considered listed as endangered for the 
purposes of the Act.
    (b) ``Common name'' column: Although common names are included, 
they cannot be relied upon for identification of any specimen, since 
they may vary greatly in local usage. In cases where confusion might 
arise, one or more synonyms are provided in parentheses within the 
``Common name'' column. If a species has been listed under the 
Evolutionary Significant Unit (ESU) policy or the Distinct Population 
Segment (DPS) policy (http://www.fws.gov/endangered/policy), the ESU or 
DPS names will be provided in brackets ``[ ]'' following the common 
name.
    (c) ``Scientific name'' column: The Services use the most recently 
accepted scientific name. In cases where confusion might arise, one or 
more synonyms are provided in parentheses within the ``Scientific 
name'' column. The Services will rely to the extent practicable on the 
Integrated Taxonomic Information System (ITIS) to determine a species' 
scientific name. ITIS incorporates the naming principles established by 
the International Code of Zoological Nomenclature. For details, see 
paragraph (g) of this section. If the scientific name in ITIS differs 
from the scientific name adopted for use under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), the CITES nomenclature will be provided in brackets ``[ ]'' 
within the ``Scientific name'' column following the ITIS nomenclature.
    (d) ``Status'' column: Within the ``Status'' column, the following 
abbreviations are used:

------------------------------------------------------------------------
                                                Regulatory Status the
               Abbreviation                    Abbreviation Represents
------------------------------------------------------------------------
E                                           Endangered
------------------------------------------------------------------------
T                                           Threatened
------------------------------------------------------------------------
E (S/A)                                     Endangered based on
                                             similarity of appearance to
                                             an existing endangered
                                             species
------------------------------------------------------------------------
T (S/A)                                     Threatened based on
                                             similarity of appearance to
                                             an existing threatened
                                             species
------------------------------------------------------------------------
XE                                          Essential experimental
                                             population
------------------------------------------------------------------------
XN                                          Nonessential experimental
                                             population
------------------------------------------------------------------------

    (e) ``Where listed'' column: The ``Where listed'' column sets forth 
the geographic area where the species is listed for purposes of the 
Act. This column incorporates the ``Vertebrate population where 
endangered or threatened'' column used in the tables in pre-2008 
publications of this list. The term ``Entire'' is defined as ``Wherever 
found.''
    (f) The ``Historic range,'' ``Citations,'' ``Special rules,'' and 
``Critical habitat'' columns are for informational purposes only.
    (1) ``Historic range'' column: The ``Historic range'' column 
indicates the known general distribution of the species or subspecies 
as reported in the current scientific literature. The present 
distribution may be greatly reduced from this historic range. The 
``Historic range'' column is nonregulatory and does not imply any 
application, or limitation of application, of the prohibitions of the 
Act or implementing regulations. Such prohibitions apply to all 
individuals of the listed species, as defined by the regulatory 
columns.
    (2) ``Citations'' column: The ``Citations'' column contains the 
volume, document starting page number, and publication date of the 
Federal Register publication(s) in which a species was listed or 
reclassified, a rule was promulgated under section 4(d) of the Act, or 
an experimental population was established under section 10(j) of the 
Act. At least since 1973, these documents have included a statement 
indicating the basis for the listing, as well as the effective date(s) 
of the listing or other rules that changed how the species was 
identified in the list in paragraph (h) of this section. The 
``Citations'' column replaces the ``When listed'' column and its 
footnotes used in the tables in pre-2008 publications of this list.
    (3) ``Special rules'' and ``Critical habitat'' columns: The 
``Special rules'' and ``Critical habitat'' columns provide cross-
references to other sections in part 17 or parts 222, 223, or 226 of 
chapter II of this title where critical habitat and special rules are 
found. The ``Special rules'' column also describes experimental 
populations and indicates whether they are essential or nonessential. 
Experimental populations are a separate listing, with one of the 
following symbols in the ``Status'' column: ``XE'' for an essential 
experimental population and ``XN'' for a nonessential experimental 
population. The term ``NA'' (not applicable) appearing in the ``Special 
rules'' or ``Critical habitat'' column indicates that there are no 
special rules or critical habitat for that particular species. However, 
all other appropriate rules in part 17, parts 217-226 of chapter II, 
and part 402 of chapter IV of this title still apply to that species. 
In addition, other rules in this title could relate to such species 
(for example, port-of-entry requirements). We make no claim that the 
``Special rules'' column includes references to all the regulations of 
the Services that might apply to the species, or that it includes 
applicable regulations of other Federal agencies or State or local 
governments.
    (g) The Services will rely to the extent practicable on ITIS and 
standard references adopted for CITES. ITIS is an authoritative 
taxonomic database (http://www.itis.gov) maintained by a partnership of 
U.S., Canadian, and Mexican agencies; other organizations; and 
taxonomic specialists. CITES is an international agreement among member 
countries to ensure that international trade in specimens of wild 
animals and plants does not threaten their survival (see also 50 CFR 
part 23).
    (h) The ``List of Endangered and Threatened Wildlife'' is provided 
below:

[[Page 45389]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------      Status         Where listed     Historic range      Citations      Special rules       Critical
   Common name [ESU or DPS]     Scientific name                                                                                              habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    3. Amend Sec. 17.12 by revising paragraphs (a) through (g), and the 
introductory text and the column headings in the List of Endangered and 
Threatened Plants in paragraph (h), to read as follows:


Sec.  17.12  Endangered and threatened plants.

    (a) The list in paragraph (h) of this section contains the names of 
all plant species determined by the Services to be endangered or 
threatened. It also contains the names of plant species treated as 
endangered or threatened because they are similar in appearance to and 
may be confused with endangered or threatened species (see Sec.  17.50 
et seq.). The ``Common name,'' ``Scientific name,'' and ``Status'' 
columns provide regulatory information; together, they define the plant 
species within the meaning of the Act. The listing of a particular 
taxon includes all lower taxonomic units (see Sec. 17.11(a) for an 
example).
    (b) ``Scientific name'' column: The Services use the most recently 
accepted scientific name. In cases where confusion might arise, one or 
more synonyms are provided in parentheses within the ``Scientific 
name'' column. The Services will rely to the extent practicable on the 
Integrated Taxonomic Information System (ITIS) to determine a species' 
scientific name. ITIS incorporates the naming principles established by 
the International Code of Botanical Nomenclature. For details, see 
paragraph (g) of this section. If the scientific name in ITIS differs 
from the scientific name adopted for use under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), the CITES nomenclature will be provided in brackets ``[ ]'' 
within the ``Scientific name'' column following the ITIS nomenclature.
    (c) ``Common name'' column: Although common names are included, 
they cannot be relied upon for identification of any specimen, since 
they may vary greatly in local usage. In cases where confusion might 
arise, one or more synonyms are provided in parentheses within the 
``Common name'' column.
    (d) ``Status'' column: Within the ``Status'' column, the following 
abbreviations are used:

------------------------------------------------------------------------
                                                Regulatory Status the
               Abbreviation                    Abbreviation Represents
------------------------------------------------------------------------
E                                           Endangered
------------------------------------------------------------------------
T                                           Threatened
------------------------------------------------------------------------
E (S/A)                                     Endangered based on
                                             similarity of appearance to
                                             an existing endangered
                                             species
------------------------------------------------------------------------
T (S/A)                                     Threatened based on
                                             similarity of appearance to
                                             an existing threatened
                                             species
------------------------------------------------------------------------
XE                                          Essential experimental
                                             population
------------------------------------------------------------------------
XN                                          Nonessential experimental
                                             population
------------------------------------------------------------------------

    (e) ``Where listed'' column: The ``Where listed'' column sets forth 
the geographic area where the species is listed for purposes of the 
Act. The term ``Entire'' is defined as ``Wherever found.''
    (f) The ``Historic range'', ``Citations'', ``Special rules'', and 
``Critical habitat'' columns are for informational purposes only.
    (1) ``Historic range'' column: The ``Historic range'' column 
indicates the known general distribution of the species or subspecies 
as reported in the current scientific literature. The present 
distribution may be greatly reduced from this historic range. The 
``Historic range'' column is nonregulatory and does not imply any 
application, or limitation of application, of the prohibitions in the 
Act or implementing regulations. Such prohibitions apply to all 
individuals of the listed species, wherever found.
    (2) ``Citations'' column: The ``Citations'' column contains the 
volume, document starting page number, and publication date of the 
Federal Register publication(s) in which a species was listed or 
reclassified, a rule was promulgated under section 4(d) of the Act, or 
an experimental population was established under section 10(j) of the 
Act. At least since 1973, these documents have included a statement 
indicating the basis for the listing, as well as the effective date(s) 
of the listing or other rules that changed how the species was 
identified in the list in paragraph (h) of this section. The 
``Citations'' column replaces the ``When listed'' column and its 
footnotes used in the tables in pre-2008 publications of this list.
    (3) ``Special rules'' and ``Critical habitat'' columns: The 
``Special rules'' and ``Critical habitat'' columns provide cross-
references to other sections in part 17 or parts 222, 223, or 226 of 
chapter II of this title where critical habitat and special rules are 
found. The ``Special rules'' column also describes experimental 
populations and indicates whether they are essential or nonessential. 
Experimental populations are a separate listing, with one of the 
following symbols in the ``Status'' column: ``XE'' for an essential 
experimental population and ``XN'' for a nonessential experimental 
population. The term ``NA'' (not applicable) appearing in the ``Special 
rules'' or ``Critical habitat'' column indicates that there are no 
special rules or critical habitat for that particular species. However, 
all other appropriate rules in parts 17, parts 217-226 of chapter II, 
and part 402 of chapter IV of this title still apply to that species. 
In addition, there may be other rules in this title that relate to such 
species (for example, port-of-entry requirements). We make no claim 
that the ``Special rules'' column includes references to all the 
regulations of the two Services that might apply to the species, or 
that it includes applicable regulations of other Federal agencies or 
State or local governments.
    (g) The Services will rely to the extent practicable on ITIS and 
standard references adopted for CITES. ITIS is an authoritative 
taxonomic database (http://www.itis.gov) maintained by a partnership of 
U.S., Canadian, and Mexican agencies; other organizations; and 
taxonomic specialists. CITES is an international agreement among member 
countries to ensure that international trade in specimens of wild 
animals and plants does not threaten their survival (see also 50 CFR 
part 23).
     (h) The ``List of Endangered and Threatened Plants'' is provided 
below:

[[Page 45390]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------      Status         Where listed     Historic range      Citations      Special rules       Critical
       Scientific name            Common name                                                                                                habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: July 16, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-17533 Filed 8-4-08; 8:45 am]
BILLING CODE 4310-55-S