[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Proposed Rules]
[Pages 42473-42474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20672]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
a Petition to List the Harlequin Duck (Histrionicus histrionicus) in
Eastern North America as Endangered or Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to list the eastern North America population
of the harlequin duck (Histrionicus histrionicus) as an endangered or
threatened species throughout its range under the Endangered Species
Act of 1973, as amended. The Service finds that the petition presents
substantial scientific or commercial information indicating that
listing the population may be warranted. The Service is initiating a
status review to determine if listing the population is warranted.
DATES: The finding announced in this document was made on July 31,
1997. To be considered in the 12-month finding for this petition,
information and comments should be submitted to the Service by October
6, 1997.
ADDRESSES: Information, comments, or questions concerning this petition
should be submitted to the Field Supervisor, New England Field Office,
U.S. Fish and Wildlife Service, 22 Bridge Street, Concord, New
Hampshire 03301-4986. The petition finding, supporting data, and
comments are available for public inspection, by appointment, during
normal business hours at the above address.
[[Page 42474]]
FOR FURTHER INFORMATION CONTACT: Linda Welch at the Maine Field Office,
U.S. Fish and Wildlife Service, 1033 South Main Street, Old Town, Maine
04468 (telephone 207/827-5938).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.), requires that the Service make
a finding on whether a petition to list, delist, or reclassify a
species presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. This finding
is to be based on all information available to the Service at the time
the finding is made. To the maximum extent practicable, this finding is
to be made within 90 days of receipt of the petition, and the finding
is to be published promptly in the Federal Register. If the finding is
that substantial information was presented, the Service also is
required to promptly commence a review of the status of the species if
one has not already been initiated under the Service's internal
candidate assessment process.
The Service has made a 90-day finding on a petition to list the
eastern North America population of the harlequin duck (Histrionicus
histrionicus) as endangered or threatened. The petition, dated
September 21, 1995, was submitted by the Northern Rockies Biodiversity
Project, Whitefish, Montana and by the Biodiversity Legal Foundation,
Boulder, Colorado and was received by the Service on September 25,
1995.
When it received the petition the Service was under a moratorium on
listing actions as a result of the passage of Public Law 104-6, which,
along with a series of continuing budget resolutions, eliminated the
Service's endangered species listing budget through April, 1996. This
suspension of the listing program prohibited the Service from
processing the petition to list the eastern North America population of
the harlequin duck. In addition, the moratorium resulted in a
substantial backlog of listing actions, which prompted the Service to
issue guidance instituting a biological priority-based system for
reducing the listing backlog. This system placed emergency listings and
finalization of proposed rules to list species ahead of petition
findings (61 FR 64475). For these reasons, this 90-day finding was made
well over 90 days after the petition was received.
The petitioners contend that the eastern North America population
of the harlequin duck has undergone a precipitous decline, that there
are a number of threats to the population which will cause further
declines, and that, therefore, urgent protective measures are
necessary. Anecdotal historical observations cited in the petition and
in the more recent published literature suggest that the species may
have undergone a precipitous decline in the late 1800's and early
1900's and that a somewhat less precipitous decline has continued
through the present time. The petitioners described possible threats to
the population that are present throughout all or a significant portion
of its range, including, but not limited to, oil pollution and spills,
land use practices, illegal hunting, and hydropower development. The
petitioners also discussed the population's vulnerability to
demographic factors and loss of genetic diversity due to the low
numbers of individuals.
The Service has reviewed the petition, the literature cited in the
petition, information in the Service's files, information submitted by
State wildlife agencies and other knowledgeable individuals, and all
other currently available information. On the basis of the best
scientific and commercial information available, the Service finds that
the petition presents substantial information that listing this
population may be warranted.
Listing Factors and Basis for Determination
A species can be determined to be endangered or threatened due to
one or more of five factors described in section 4(a)(1) of the Act.
These five factors are: (1) Present or threatened destruction,
modification, or curtailment of its habitat or range; (2)
overutilization for commercial, recreational, scientific, or
educational purposes; (3) disease or predation; (4) inadequacy of
existing regulatory mechanisms; or (5) other natural or manmade factors
affecting its continued existence. The Service has found that there is
substantial information indicating that listing the eastern North
America population of the harlequin duck as endangered or threatened
may be warranted due to one or more of these five factors.
In reviewing the information, the Service found that--(1) There is
substantial information to show that numbers of the Harlequin ducks in
the eastern population have declined in the past and a lesser level of
decline may be continuing; (2) there is substantial information that
shows that oil spills have occured and could occur in the future
causing adverse impacts on the population's wintering areas.
Information Solicited
When it makes a finding that substantial information exists to
indicate that listing a species may be warranted, the Service is also
required to promptly commence a review of the status of the species.
The Service is soliciting additional information concerning the
following: (1) Whether the eastern North America population of the
harlequin duck is distinct from the Pacific, Greenland, and Iceland
populations; (2) the size and distribution of the eastern North America
population; (3) the status and trends of breeding and wintering groups
of the eastern North America population; and (4) whether or not the
eastern North America population is endangered or threatened based on
the listing criteria described in section 4(a)(1) of the Act.
Author
The primary author of this document is Debbie Mignogno, U.S. Fish
and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts
01035-9589.
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Dated: July 31, 1997.
Jay L. Gerst,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-20672 Filed 8-6-97; 8:45 am]
BILLING CODE 4310-55-P