[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Proposed Rules]
[Pages 39268-39269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18802]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2009-0043] [ MO 9221050083]


Endangered and Threatened Wildlife and Plants; Initiation of 
Status Review for Mountain Whitefish (Prosopium williamsoni) in the Big 
Lost River, Idaho

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; initiation of status review and solicitation of new 
information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
initiation of a status review for mountain whitefish (Prosopium 
williamsoni) in the Big Lost River, Idaho. The status review will help 
us determine whether this population warrants listing as threatened or 
endangered under the Endangered Species Act of 1973, as amended (Act). 
At the conclusion of the review, we will issue a 12-month finding on 
our determination as to whether listing is warranted. If listing is 
warranted, we will also determine whether or not to propose critical 
habitat for mountain whitefish in the Big Lost River.

DATES: To allow us adequate time to conduct this review, we request 
that you send us information on or before September 8, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for Docket FWS-R1-ES-2009-0043 and then follow the instructions 
for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket FWS-R1-ES-2009-0043; 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 comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Information Solicited section below for more information).

FOR FURTHER INFORMATION CONTACT: Jeffery L. Foss, State Supervisor, 
U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 S. 
Vinnell Way, Room 368, Boise, ID 83709; 208-378-5243; facsimile at 208-
378-5262. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2006, we received a petition from the Western 
Watersheds Project requesting we list the population of mountain 
whitefish in the Big Lost River, Idaho, as a species, subspecies, or 
distinct population segment (DPS). The petitioner also requested that 
we designate critical habitat. On October 23, 2007, we published our 
90-day finding (72 FR 59983), which found the petition failed to 
provide substantial information indicating that listing mountain 
whitefish in the Big Lost River may be warranted. This finding was 
based on a lack of information demonstrating the Big Lost River 
mountain whitefish may be a listable entity under the Act. For more 
information on the biology, habitat, and range of the mountain 
whitefish in the Big Lost River, please refer to our 90-day finding (72 
FR 59983) published in the Federal Register on October 23, 2007.
    On January 25, 2008, the Western Watersheds Project filed a 
complaint challenging our negative 90-day finding. On March 31, 2009, 
United States District Court (Western Watershed Project vs. Dirk 
Kempthorne, et al., (Case No. CV07-409-S-EJL)) found the Service had 
considered information beyond the material in the petition such that 
the Service had effectively begun to conduct a status review. The Court 
directed the Service to proceed directly to a status review of the 
species and issue a 12-month finding by March 31, 2010.
    Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), requires a 
12-month finding to announce whether the petitioned actions is: (a) Not 
warranted, (b) warranted, or (c) warranted, but immediate proposal of a 
regulation implementing the petitioned action is precluded by other 
pending proposals to determine whether species are endangered or 
threatened, and expeditious progress is being made to add or remove 
qualified species from the Lists of Endangered and Threatened Wildlife 
and Plants. Section 4(b)(3)(C) of the Act requires that we treat a 
petition for which the requested action is found to be warranted but 
precluded as though resubmitted on the date of such finding, that is, 
requiring a subsequent finding to be made within 12 months. We must 
publish these 12-month findings in the Federal Register.
    To help inform our status review, we are soliciting new information 
on the status of, and potential threats to, mountain whitefish, in 
particular the population in the Big Lost River. We will base our 
determination as to whether listing is warranted on a review of the 
best scientific and commercial data available, including all such 
information received as a result of this notice.

Information Solicited

    To ensure that the status review is complete and based on the best 
available scientific and commercial information, we are soliciting 
information concerning the status of the mountain whitefish. We will 
use the information gained during this process to evaluate, as 
appropriate, whether:
     The population of mountain whitefish in the Big Lost River 
is a species, subspecies, or a DPS (as described in our Policy 
Regarding the Recognition of Distinct Vertebrate Population Segments 
under the Endangered Species Act (DPS Policy; 61 FR 4722; February 7, 
1996)), and
     Listing of that entity as threatened or endangered is 
warranted under the Endangered Species Act of 1973, as amended (Act; 16 
U.S.C. 1531 et seq.).
    We request information from other concerned governmental agencies, 
Native American Tribes, the scientific community, industry, and any 
other interested parties on the status of mountain whitefish throughout 
its range. We are seeking information regarding:
    (1) The historical and current status and distribution of the 
mountain whitefish, its population trend, taxonomy, genetics, biology, 
ecology, and habitat selection.
    (2) Ongoing conservation measures for the species and its habitat.

[[Page 39269]]

    (3) Whether the population of mountain whitefish in the Big Lost 
River is a separate species or subspecies.
    (4) Whether the population of mountain whitefish in the Big Lost 
River is discrete, as defined in the DPS policy, including, but not 
limited to, information indicating that the mountain whitefish 
population in the Big Lost River is markedly separated from other 
populations of mountain whitefish due to physical, physiological, 
ecological, or behavioral factors.
    (5) Whether the population of mountain whitefish in the Big Lost 
River is significant to the remainder of the taxon to which it belongs 
(i.e., to the remainder of the species of mountain whitefish throughout 
its range), as defined in the DPS Policy, including, but not limited 
to:
    (a) Information indicating the ecological setting, including such 
factors as temperature, moisture, weather patterns, etc., in which the 
Big Lost River population of mountain whitefish persists, is unusual or 
unique for the taxon;
    (b) Information indicating that the loss of the population of 
mountain whitefish in the Big Lost River would or would not result in a 
significant gap in the range of the taxon; or
    (c) Information indicating that the Big Lost River population of 
mountain whitefish differs markedly in its genetic characteristics from 
other populations of mountain whitefish in the United States.
    (6) If the population of mountain whitefish in the Big Lost River 
is not a species or subspecies, whether that population constitutes a 
significant portion of the range of the species or subspecies to which 
it belongs.
    (7) The effects of potential threat factors that are the basis for 
making a listing determination under section 4(a) of the Act, which 
are:
    (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.
    If we determine that listing the population of mountain whitefish 
in the Big Lost River is warranted, it is our intent to propose 
critical habitat to the maximum extent prudent and determinable at the 
time we propose to list the species. Therefore, with regard to areas 
within the geographical range currently occupied by the species, 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 mountain whitefish in the Big Lost 
River are proposed for listing, and why such habitat meets the 
requirements of the Act.
    Please note that submissions merely stating support 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 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.'' At the conclusion of the status review, we 
will determine whether listing is warranted, not warranted, or 
warranted but precluded by other pending proposals.
    You may submit your information by one of the methods listed in the 
ADDRESSES section. If you submit information via http://www.regulations.gov, your entire submission--including your personal 
identifying information--will be posted on the website. If your 
submission is made via a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee we will be able to do so. We will post all hardcopy 
submissions on http://www.regulations.gov. Please include sufficient 
information with your comments to allow us to verify any scientific or 
commercial information you include.
    Information and materials we receive, as well as supporting 
documentation used, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, 
at the U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office 
(see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff members of the 
Idaho Fish and Wildlife Office.

 Authority

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

    Dated: July 24, 2009
James J. Slack,
Acting Deputy Director, Fish and Wildlife Service.
[FR Doc. E9-18802 Filed 8-5-09; 8:45 am]
BILLING CODE 4310-55-S