50 CFR 17 - ENDANGERED AND THREATENED WILDLIFE AND PLANTS

We, the U.S. Fish and Wildlife Service (Service), will reestablish the American burying beetle, a federally listed endangered insect, into its historical habitat in Wah'kon-tah Prairie in southwestern Missouri. We will reestablish the American burying beetle under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and will classify that reestablished population as a nonessential experimental population (NEP) within St. Clair, Cedar, Bates, and Vernon Counties, Missouri. This rule provides a plan for establishing the NEP and provides for allowable legal incidental taking of the American burying beetle within the defined NEP area.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Chiricahua leopard frog ( Lithobates chiricahuensis ) under the Endangered Species Act of 1973, as amended (Act). In total, we are designating approximately 10,346 acres (4,187 hectares) as critical habitat for the Chiricahua leopard frog in Apache, Cochise, Gila, Graham, Greenlee, Pima, Santa Cruz, and Yavapai Counties, Arizona; and Catron, Grant, Hidalgo, Sierra, and Socorro Counties, New Mexico. In addition, because of a taxonomic revision of the Chiricahua leopard frog, we reassessed the status of and threats to the currently described species Lithobates chiricahuensis and are listing the currently described species as threatened.

We, the U.S. Fish and Wildlife Service, establish a manatee refuge in Citrus County, Florida, in the waters of Kings Bay, including its tributaries and connected waters. This action is based on our determination that there is substantial evidence showing that certain waterborne activities would result in the taking of one or more manatees and that certain waterborne activities must be restricted to prevent the taking of one or more manatees in Kings Bay. In making this rule final, we considered the biological needs of the manatee, the level of take at these sites, and the likelihood of additional take of manatees due to human activity at these sites. This final rule is modified from the proposed rule to ensure that the provisions do not compromise human safety and to clarify certain aspects. The modifications are not considered significant as they are within the scope of the proposed rule. To avoid creation of a hazard to human safety, watercraft may be operated at 25 miles per hour during daylight hours in a portion of the manatee refuge from June 1 through August 15. The portion of the rule prohibiting use of mooring and floatlines that can entangle manatees has been removed. Language regarding prohibitions on waterborne activities in Three Sisters Spring has been revised to improve clarity. We also announce the availability of a final environmental assessment and Finding of No Significant Impact for this action.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the spectaclecase (Cumberlandia monodonta) and sheepnose (Plethobasus cyphyus), two freshwater mussels. This final rule implements the Federal protections provided by the Act for these species throughout their ranges, including sheepnose in Alabama, Illinois, Indiana, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin, and spectaclecase in Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin. We determined that critical habitat for the spectaclecase and sheepnose is prudent, but not determinable at this time.

We, the U.S. Fish and Wildlife Service (Service), recognize the recent change to the taxonomy of the currently endangered plant taxon, Monardella linoides ssp. viminea, in which the subspecies was split into two distinct full species, Monardella viminea (willowy monardella) and Monardella stoneana (Jennifer's monardella). Because the original subspecies, Monardella linoides ssp. viminea, was listed as endangered under the Endangered Species Act of 1973, as amended (Act), we reviewed and updated the threats analysis that we completed for the taxon in 1998, when it was listed as a subspecies. We also reviewed the status of the new species, Monardella stoneana. We retain the listing status of Monardella viminea as endangered, and we remove protections afforded by the Act from those individuals now recognized as the separate species, Monardella stoneana, because the new species does not meet the definition of endangered or threatened under the Act. We also revise designated critical habitat for Monardella viminea. In total, approximately 122 acres (50 hectares) in San Diego County, California, fall within the boundaries of the critical habitat designation. We are not designating critical habitat for Monardella stoneana because this species does not warrant listing under the Act.

We, the U.S. Fish and Wildlife Service (Service), change the status of spikedace ( Meda fulgida ) and loach minnow ( Tiaroga cobitis ) from threatened to endangered under the Endangered Species Act of 1973, as amended (Act). With this rule we are also revising the designated critical habitats for both species. These changes fulfill our obligations under a settlement agreement.

On November 18, 2011, the United States District Court for the District of Columbia (Court) issued an order in regard to Misc. No. 08-764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT LISTING AND § 4(d) RULE LITIGATION, vacating and remanding to the U.S. Fish and Wildlife Service the December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in its place the interim final special rule for the polar bear published on May 15, 2008 (73 FR 28306), shall remain in effect until superseded by the new special rule for the polar bear to be published in the Federal Register . This rule complies with that order and provides final notice of the reinstatement of the May 15, 2008, interim final special rule for the polar bear.

We, the U.S. Fish and Wildlife Service (Service), are revising the regulations that implement the Endangered Species Act of 1973, as amended (Act), by removing the exclusion of U.S. captive-bred live wildlife and sport-hunted trophies of three endangered antelopes—scimitar-horned oryx, addax, and dama gazelle—from the prohibition of certain activities, such as take and export, under the Act. This change to the regulations is in response to a court order that found that the rule for these three species violated section 10(c) of the Act. These three antelope species remain listed as endangered under the Act, and a person will need to qualify for an exemption or obtain an authorization under the current statutory and regulatory requirements to conduct any prohibited activities.

We, the U.S. Fish and Wildlife Service (Service or USFWS) are revising the 1978 listing of the Minnesota population of gray wolves ( Canis lupus ) to conform to current statutory and policy requirements. We rename what was previously listed as the Minnesota population of the gray wolf as the Western Great Lakes (WGL) Distinct Population Segment (DPS), and delineate the boundaries of the expanded Minnesota population segment to include all of Minnesota, Wisconsin, and Michigan and portions of the adjacent states. We are removing the WGL DPS from the List of Endangered and Threatened Wildlife. We are taking this action because the best available scientific and commercial information indicates that the WGL DPS does not meet the definitions of threatened or endangered under the Act. This final rule also removes the designated critical habitat for the wolf in Minnesota and Michigan and the special regulations under section 4(d) of the Act for wolves in Minnesota. We are separating our determination on the delisting of the Western Great Lakes DPS from the determination on our proposal regarding all or portions of the 29 eastern States we considered to be outside the historical range of the gray wolf. This rule finalizes our determination for the WGL DPS. A subsequent decision will be made for the rest of the eastern United States.

The best available scientific and commercial data indicate that the Concho water snake ( Nerodia paucimaculata ), a reptile endemic to central Texas, is recovered. Therefore, under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service) remove (delist) the Concho water snake from the Federal List of Endangered and Threatened Wildlife, and accordingly, also remove its federally designated critical habitat. This determination is based on a thorough review of all available information, including new information, which indicates that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. We are also providing notice that the final post-delisting monitoring for the Concho water snake has been completed.

We, the U.S. Fish and Wildlife Service, list the Altamaha spinymussel ( Elliptio spinosa ), a freshwater mussel endemic to the Altamaha River drainage of southeastern Georgia, as an endangered species under the Endangered Species Act of 1973, as amended (Act), and designate approximately 237.4 kilometers (km) (147.5 miles (mi)) of mainstem river channel as critical habitat in Appling, Ben Hill, Coffee, Jeff Davis, Long, Montgomery, Tattnall, Telfair, Toombs, Wayne, and Wheeler Counties, Georgia. This final rule will implement the Federal protections provided by the Act.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the Ozark Hellbender ( Cryptobranchus alleganiensis bishopi ), a subspecies found in northern Arkansas and southern Missouri. This final rule implements the Federal protections provided by the Act for this species. We have also determined that the designation of critical habitat for the Ozark Hellbender is not prudent. The final rule for the CITES Appendix III listing for the Ozark and Eastern Hellbender is being published concurrently in today's Federal Register .

We, the U.S. Fish and Wildlife Service (Service), are revising designated critical habitat for marbled murrelet ( Brachyramphus marmoratus marmoratus ) pursuant to the Endangered Species Act of 1973, as amended (Act). On May 24, 1996, we designated 3,887,800 ac (ac) (1,573,340 hectares (ha)) as critical habitat for the marbled murrelet in Washington, Oregon, and California. We are revising the designated critical habitat for the marbled murrelet by removing approximately 189,671 ac (76,757 ha) in northern California and southern Oregon from the 1996 designation, based on new information indicating that these areas do not meet the definition of critical habitat. The areas being removed from the 1996 designation in northern California are within Inland Zone 2, where we have no historical or current survey records documenting marbled murrelet presence. Intensive surveys in southern Oregon indicate the inland distribution of the marbled murrelet is strongly associated with the hemlock/tanoak habitat zone, rather than distance from the coast. Accordingly, the areas being removed in southern Oregon are limited to those areas not associated with the hemlock/tanoak zone. The areas being removed are not considered essential for the conservation of the species. Approximately 3,698,100 ac (1,497,000 ha) of critical habitat is now designated for the marbled murrelet. In this rule, we are also finalizing the taxonomic revision of the scientific name of the marbled murrelet from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus.

We, the Fish and Wildlife Service (Service), are listing the Miami blue butterfly (Cyclargus thomasi bethunebakeri), as endangered under the Endangered Species Act of 1973, as amended (Act). We have determined that designation of critical habitat for the Miami blue butterfly is not prudent at this time. We also are listing the cassius blue butterfly (Leptotes cassius theonus), ceraunus blue butterfly (Hemiargus ceraunus antibubastus), and nickerbean blue butterfly (Cyclargus ammon) as threatened due to similarity of appearance to the Miami blue in coastal south and central Florida, and establishing a special rule under section 4(d) of the Act for these three species.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the San Francisco Bay-Delta distinct population segment (Bay Delta DPS) of longfin smelt as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that listing the longfin smelt rangewide is not warranted at this time, but that listing the Bay-Delta DPS of longfin smelt is warranted. Currently, however, listing the Bay-Delta DPS of longfin smelt is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month finding, we will add the Bay-Delta DPS of longfin smelt to our candidate species list. We will develop a proposed rule to list the Bay-Delta DPS of longfin smelt as our priorities allow. We will make any determinations on critical habitat during the development of the proposed listing rule. During any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

We, the U.S. Fish and Wildlife Service (Service), will reestablish the American burying beetle, a federally listed endangered insect, into its historical habitat in Wah'kon-tah Prairie in southwestern Missouri. We will reestablish the American burying beetle under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and will classify that reestablished population as a nonessential experimental population (NEP) within St. Clair, Cedar, Bates, and Vernon Counties, Missouri. This rule provides a plan for establishing the NEP and provides for allowable legal incidental taking of the American burying beetle within the defined NEP area.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our November 30, 2011, proposed rule to designate critical habitat for the southern Selkirk Mountains population of woodland caribou ( Rangifer tarandus caribou ) under the Endangered Species Act of 1973, as amended (Act). We are reopening the public comment period to allow all interested parties another opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We will also hold a public informational session and hearing (see DATES and ADDRESSES ).

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Chiricahua leopard frog ( Lithobates chiricahuensis ) under the Endangered Species Act of 1973, as amended (Act). In total, we are designating approximately 10,346 acres (4,187 hectares) as critical habitat for the Chiricahua leopard frog in Apache, Cochise, Gila, Graham, Greenlee, Pima, Santa Cruz, and Yavapai Counties, Arizona; and Catron, Grant, Hidalgo, Sierra, and Socorro Counties, New Mexico. In addition, because of a taxonomic revision of the Chiricahua leopard frog, we reassessed the status of and threats to the currently described species Lithobates chiricahuensis and are listing the currently described species as threatened.

We, the U.S. Fish and Wildlife Service, establish a manatee refuge in Citrus County, Florida, in the waters of Kings Bay, including its tributaries and connected waters. This action is based on our determination that there is substantial evidence showing that certain waterborne activities would result in the taking of one or more manatees and that certain waterborne activities must be restricted to prevent the taking of one or more manatees in Kings Bay. In making this rule final, we considered the biological needs of the manatee, the level of take at these sites, and the likelihood of additional take of manatees due to human activity at these sites. This final rule is modified from the proposed rule to ensure that the provisions do not compromise human safety and to clarify certain aspects. The modifications are not considered significant as they are within the scope of the proposed rule. To avoid creation of a hazard to human safety, watercraft may be operated at 25 miles per hour during daylight hours in a portion of the manatee refuge from June 1 through August 15. The portion of the rule prohibiting use of mooring and floatlines that can entangle manatees has been removed. Language regarding prohibitions on waterborne activities in Three Sisters Spring has been revised to improve clarity. We also announce the availability of a final environmental assessment and Finding of No Significant Impact for this action.

We, the U.S. Fish and Wildlife Service (Service), are considering proposals to amend the regulations that implement parts of the Endangered Species Act. By this notice, we are inviting public comment to help us identify potential changes to our regulations that would create incentives for landowners and others to take voluntary conservation actions to benefit species that may be likely to become threatened or endangered species. In particular, we seek comment on whether and how the Service can assure those who take such voluntary actions that the benefits of such voluntary conservation actions will be recognized as offsetting the adverse effects of activities carried out after listing by that landowner or others. This practice sometimes referred to as “advance mitigation” or “pre-listing mitigation,” is intended to encourage early conservation efforts that could reduce or eliminate the need to list species as endangered or threatened.

On March 8, 2012, we, the Fish and Wildlife Service (FWS or Service), published a proposed rule to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by incorporating certain provisions adopted at the fourteenth and fifteenth meetings of the Conference of the Parties (CoP14 and CoP15) to CITES and clarifying and updating certain other provisions. Inadvertently, we made some errors in the DATES and ADDRESSES sections concerning the information collection aspects of the proposal. With this technical correction, we correct those errors.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the spectaclecase (Cumberlandia monodonta) and sheepnose (Plethobasus cyphyus), two freshwater mussels. This final rule implements the Federal protections provided by the Act for these species throughout their ranges, including sheepnose in Alabama, Illinois, Indiana, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin, and spectaclecase in Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin. We determined that critical habitat for the spectaclecase and sheepnose is prudent, but not determinable at this time.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the June 1, 2011, proposed revised designation of critical habitat for Riverside fairy shrimp ( Streptocephalus woottoni ) under the Endangered Species Act of 1973, as amended (Act). We are revising the preamble to the proposed designation to clarify that certain subunits that we originally proposed for revised critical habitat designation under section 3(5)(A)(i) of the Act, are now also being proposed under section 3(5)(A)(ii) of the Act because these areas are essential for the conservation of the species but were not confirmed to be occupied by Riverside fairy shrimp at the time the species was listed in 1993. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of revised critical habitat for Riverside fairy shrimp and an amended required determination section of the proposal. We are reopening the comment period for an additional 30 days to allow all interested parties an opportunity to comment simultaneously on the proposed revised critical habitat designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our December 14, 2010, proposed endangered status for the dunes sagebrush lizard ( Sceloporus arenicolus ) under the Endangered Species Act of 1973, as amended. We also announce the availability of a signed conservation agreement for the dunes sagebrush lizard in Texas. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the new conservation agreement, and a previously completed conservation agreement for the dunes sagebrush lizard in New Mexico. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), change the status of spikedace ( Meda fulgida ) and loach minnow ( Tiaroga cobitis ) from threatened to endangered under the Endangered Species Act of 1973, as amended (Act). With this rule we are also revising the designated critical habitats for both species. These changes fulfill our obligations under a settlement agreement.

We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations that implement the Endangered Species Act (Act) by establishing public notice and comment procedures for applications to conduct certain otherwise prohibited activities under the Act that are authorized under the Captive Bred Wildlife (CBW) regulations. This action would add procedural requirements to the processing of applications for registration under the CBW regulations. Notices of receipt of each application would be published in the Federal Register , and the Service would accept public comment on each application for 30 days. If the registration were granted, the Service would publish certain findings in the Federal Register . In addition, for persons meeting the criteria for registering under the CBW Program, each registration could remain effective for 5 years.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the thermophilic ostracod ( Potamocypris hunteri ) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial information indicating that listing the thermophilic ostracod may be warranted. Therefore, we are not initiating a status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the thermophilic ostracod or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the San Bernardino flying squirrel ( Glaucomys sabrinus californicus ) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the San Bernardino flying squirrel may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the San Bernardino flying squirrel is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

On November 18, 2011, the United States District Court for the District of Columbia (Court) issued an order in regard to Misc. No. 08-764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT LISTING AND § 4(d) RULE LITIGATION, vacating and remanding to the U.S. Fish and Wildlife Service the December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in its place the interim final special rule for the polar bear published on May 15, 2008 (73 FR 28306), shall remain in effect until superseded by the new special rule for the polar bear to be published in the Federal Register . This rule complies with that order and provides final notice of the reinstatement of the May 15, 2008, interim final special rule for the polar bear.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the `i'iwi ( Vestiaria coccinea ) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat. Based on our review, we find that the petition presents substantial information indicating that listing the `i'iwi may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the `i'iwi as endangered or threatened is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our August 2, 2011, proposed endangered status and designation of critical habitat for the Chupadera springsnail (Pyrgulopsis chupaderae) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis and draft environmental assessment of the proposed designation of critical habitat and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated draft economic analysis and draft environmental assessment, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Humboldt marten ( Martes americana humboldtensis ) as endangered or threatened and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Humboldt marten may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the Humboldt marten to determine if listing is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the Humboldt marten. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Sierra Nevada red fox ( Vulpes vulpes necator ) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this subspecies may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the subspecies to determine if listing Sierra Nevada red fox is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this subspecies. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service or USFWS) are revising the 1978 listing of the Minnesota population of gray wolves ( Canis lupus ) to conform to current statutory and policy requirements. We rename what was previously listed as the Minnesota population of the gray wolf as the Western Great Lakes (WGL) Distinct Population Segment (DPS), and delineate the boundaries of the expanded Minnesota population segment to include all of Minnesota, Wisconsin, and Michigan and portions of the adjacent states. We are removing the WGL DPS from the List of Endangered and Threatened Wildlife. We are taking this action because the best available scientific and commercial information indicates that the WGL DPS does not meet the definitions of threatened or endangered under the Act. This final rule also removes the designated critical habitat for the wolf in Minnesota and Michigan and the special regulations under section 4(d) of the Act for wolves in Minnesota. We are separating our determination on the delisting of the Western Great Lakes DPS from the determination on our proposal regarding all or portions of the 29 eastern States we considered to be outside the historical range of the gray wolf. This rule finalizes our determination for the WGL DPS. A subsequent decision will be made for the rest of the eastern United States.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the western glacier stonefly ( Zapada glacier ) in Montana as endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the western glacier stonefly may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the western glacier stonefly is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. We will make a determination on critical habitat for this species if and when we initiate a listing action.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Lost River sucker ( Deltistes luxatus ) and shortnose sucker ( Chasmistes brevirostris ) under the Endangered Species Act of 1973, as amended (Act). In total, we are proposing as critical habitat approximately 146 miles (234 kilometers) of streams and 117,848 acres (47,691 hectares) of lakes and reservoirs for Lost River sucker and approximately 128 miles (207 kilometers) of streams and 123,590 acres (50,015 hectares) of lakes and reservoirs for shortnose sucker. The proposed critical habitat is located in Klamath and Lake Counties, Oregon, and Modoc County, California. On December 1, 1994, we published proposed critical habitat for Lost River sucker and shortnose sucker. This new proposed rule uses updated information concerning Lost River sucker's and shortnose sucker's ecology, as well as the technological advancements made available since preparing the 1994 proposed rule, to inform our proposed critical habitat designation for Lost River sucker and shortnose sucker.

We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the dunes sagebrush lizard ( Sceloporus arenicolus ) (lizard) as endangered and reopen the comment period on the proposed rule to list the species. We are taking this action because there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing rule, making it necessary to solicit additional information by reopening the comment period for 45 days.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the southern Selkirk Mountains population of woodland caribou ( Rangifer tarandus caribou ) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 375,562 acres (151,985 hectares) are being proposed for designation as critical habitat. The proposed critical habitat is located in Boundary and Bonner counties in Idaho, and Pend Oreille County in Washington.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the April 12, 2011, proposed endangered status and designation of critical habitat for the Three Forks springsnail ( Pyrgulopsis trivialis ) and the San Bernardino springsnail ( Pyrgulopsis bernardina ) under the Endangered Species Act of 1973, as amended (Act). We are proposing to revise the previously proposed critical habitat for the Three Forks springsnail by increasing the size of the Boneyard Bog Springs Unit to 5.3 acres (2.1 hectares), and by adding an additional unit, the Boneyard Creek Springs Unit. In total, we are proposing to designate as critical habitat 17.1 acres (6.9 hectares) for the Three Forks springsnail. We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service (Service), published a proposed rule and notice of availability of a revised draft supplemental environmental impact statement on the translocation of southern sea otters (revised draft SEIS) in the Federal Register on August 26, 2011. The U.S. Environmental Protection Agency concurrently published a notice of availability of the revised draft SEIS. The 60-day comment period for our notice ended on October 24, 2011. This notice announces a 15-day reopening of the comment period.

On September 1, 2011, we, the U.S. Fish and Wildlife Service, published in the Federal Register a 90-day finding on a petition to list all chimpanzees ( Pan troglodytes ) as endangered under the Endangered Species Act of 1973, as amended. We are now correcting an incorrect Docket Number given under ADDRESSES in that document. We are also making the petition and the large volume of supporting documents submitted with the petition available to the public on http://www.regulations.gov. To allow the public adequate time to review the petition and provide information, we are reopening the public comment period for an additional 90 days. However, please note that information already submitted does not need to be resubmitted.

The best available scientific and commercial data indicate that the Concho water snake ( Nerodia paucimaculata ), a reptile endemic to central Texas, is recovered. Therefore, under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service) remove (delist) the Concho water snake from the Federal List of Endangered and Threatened Wildlife, and accordingly, also remove its federally designated critical habitat. This determination is based on a thorough review of all available information, including new information, which indicates that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. We are also providing notice that the final post-delisting monitoring for the Concho water snake has been completed.

We, the U.S. Fish and Wildlife Service (Service), notify the public that we are reopening the comment period on the May 22, 2003, proposed rule to remove the plant Frankenia johnstonii (Johnston's frankenia) from the List of Endangered and Threatened Plants (List) under the Endangered Species Act of 1973, as amended (Act). Comments submitted during the 2003 comment period will be considered and do not need to be resubmitted now. However, we invite comments on the new information presented in this announcement relevant to our consideration of the status of F. johnstonii. We encourage those who may have commented previously to submit additional comments, if appropriate, in light of this new information. We are also making available for public review the Draft Post-Delisting Monitoring Plan for F. johnstonii.

We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the tidewater goby ( Eucyclogobius newberryi ) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,157 acres (4,920 hectares) are being proposed for designation as critical habitat. The proposed revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, and San Diego Counties, California.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a distinct population segment of the red tree vole ( Arborimus longicaudus ) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). The Petition provided three listing options for the Service to consider: Listing the dusky tree vole subspecies throughout its range; listing the North Oregon Coast population of the red tree vole ( Arborimus longicaudus ) as a distinct population segment (DPS); or listing the red tree vole because it is endangered or threatened in a significant portion of its range. After review of the best available scientific and commercial information, we have determined that listing the North Oregon Coast population of the red tree vole as a DPS is warranted. However, the development of a proposed listing rule is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add this DPS of the red tree vole to our candidate species list. We will develop a proposed rule to list this DPS of the red tree vole as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period, we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the black-footed albatross ( Phoebastria nigripes ) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing options for consideration by the Service: Listing the black-footed albatross throughout its range; listing the Hawaiian Islands breeding population of the black-footed albatross as a Distinct Population Segment (DPS); or listing the Japanese Islands breeding population of the black-footed albatross as a DPS. After a review of the best available scientific and commercial information, we find that listing the black-footed albatross rangewide is not warranted at this time. We find that the Hawaiian Islands breeding population and the Japanese Islands breeding population are separate DPSs, as defined by DPS policy. However, we further find that neither the Hawaiian Islands DPS nor the Japanese Islands DPS of the black-footed albatross warrants listing at this time. We ask the public to submit to us any new information that becomes available concerning the threats to the black-footed albatross or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the American eel ( Anguilla rostrata ) as threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the American eel is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the June 9, 2011, proposed rule to revise the listing and critical habitat designation for Monardella viminea (willowy monardella) under the Endangered Species Act of 1973, as amended (Act) (76 FR 33880). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for Monardella viminea and an amended required determinations section of the proposal. In the proposed rule that published June 9, 2011 (76 FR 33880), we recognized the taxonomic split of the listed entity, Monardella linoides ssp. viminea, into two distinct full species: Monardella viminea (willowy monardella) and Monardella stoneana (Jennifer's monardella). We proposed to retain the listing status of Monardella viminea as endangered; we proposed to remove protections afforded by the Act from those individuals now recognized as a separate species, Monardella stoneana, because the new species does not meet the definition of endangered or threatened under the Act; and we proposed revised critical habitat for Monardella viminea. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed listing determinations and critical habitat designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

On May 5, 2011, we, the U.S. Fish and Wildlife Service, published a proposed rule to reevaluate the listing of the Minnesota population of gray wolves ( Canis lupus ) under the Endangered Species Act of 1973, as amended, and revise the listing to conform to current statutory and policy requirements. On August 26, 2011, we announced the reopening of the comment period for our May 5, 2011, proposed rule to provide for public review and comment of additional information regarding our recognition of C. lycaon as a separate species. We are publishing this notice to inform the public that supplementary materials are electronically available at http://www.regulations.gov.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on five petitions to list seven species of Hawaiian yellow-faced bees ( Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana ) as endangered and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing these seven species of Hawaiian yellow-faced bees is warranted. Currently, however, listing these seven species of Hawaiian yellow-faced bees is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add these seven species of Hawaiian yellow-faced bees to our candidate species list. We will develop a proposed rule to list these seven species of Hawaiian yellow-faced bees as our priorities allow. We will make any determinations on critical habitat during development of the proposed listing rule. In any interim period we will address the status of the candidate taxa through our annual Candidate Notice of Review (CNOR).

We, the U.S. Fish and Wildlife Service (Service), are issuing a final rule to comply with a court order that removed regulatory protections under the Endangered Species Act of 1973, as amended (Act), for the bald eagles nesting in the Sonoran Desert area of central Arizona. On July 9, 2007, we published a final rule to remove bald eagles in the lower 48 States from the List of Endangered and Threatened Wildlife (List) due to recovery. However, the United States District Court for the District of Arizona, by order dated March 6, 2008, enjoined the Service from removing the bald eagles nesting in the Sonoran Desert area of central Arizona from the threatened species list under the Act pending the Service's status review and 12-month finding on a petition to classify the bald eagles nesting in the Sonoran Desert area of central Arizona as a distinct population segment (DPS), list this DPS as endangered, and designate critical habitat. On May 1, 2008, to conform to the court's order, we published a final rule listing the potential Sonoran Desert bald eagle DPS as threatened under the Act. On February 25, 2010, the Service published its 12-month finding determining that the bald eagles nesting in the Sonoran Desert area of central Arizona did not qualify as a DPS and were, therefore, not a listable entity under the Act. On September 30, 2010, as a result of the Service's completed status review and publication of the 12-month finding, the United States District Court for the District of Arizona lifted the injunction. We are issuing this final rule to amend the regulations for the Federal Lists of Endangered and Threatened Wildlife by removing the bald eagles nesting in the Sonoran Desert area of central Arizona from the list. This action amends the CFR to reflect the September 30, 2010, court order.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list all chimpanzees ( Pan troglodytes ) as endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing all chimpanzees as endangered may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the entire species as endangered is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Sonoma County distinct population segment of the California tiger salamander ( Ambystoma californiense ) (Sonoma California tiger salamander) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 47,383 acres (19,175 hectares) of land are being designated as revised critical habitat for the Sonoma California tiger salamander.

We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for Astragalus lentiginosus var. coachellae (Coachella Valley milk-vetch) under the Endangered Species Act of 1973, as amended (Act). In total, we are proposing approximately 25,704 acres (10,402 hectares) as critical habitat for this taxon in Riverside County, California.

We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger ( Panthera tigris ) ( i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export, under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers to do so without becoming registered. We are proposing this change to the regulations to strengthen control over captive breeding of tigers in the United States to ensure that such breeding supports the conservation of the species in the wild consistent with the purposes of the Act. The inter-subspecific crossed or generic tigers remain listed as endangered under the Act, and a person would need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to delist the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition presents substantial scientific or commercial information indicating that delisting the valley elderberry longhorn beetle may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species to determine if delisting is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding the valley elderberry longhorn beetle. Based on this status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted under section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Leona's little blue butterfly, Philotiella leona, as threatened or endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing the Leona's little blue butterfly may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the Leona's little blue butterfly is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in the Act.

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), are removing the Lake Erie watersnake ( Nerodia sipedon insularum ) from the Federal List of Endangered and Threatened Wildlife due to recovery. This action is based on a review of the best available scientific and commercial data, which indicate that the subspecies is no longer endangered or threatened with extinction, or likely to become so within the foreseeable future.

We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the southwestern willow flycatcher ( Empidonax traillii extimus ) (flycatcher) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,364 km stream kilometers (2,090 stream miles) are being proposed for designation as critical habitat. These areas are being proposed as stream segments, with the lateral extent including the riparian areas and streams that occur within the 100-year floodplain or flood-prone areas. The proposed critical habitat is located on a combination of Federal, State, Tribal, and private lands in Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, Santa Barbara, San Bernardino, San Diego, and Ventura Counties in California; Clark, Lincoln, and Nye Counties in southern Nevada; Kane, San Juan, and Washington Counties in southern Utah; Alamosa, Conejos, Costilla, La Plata, and Rio Grande Counties in southern Colorado; Apache, Cochise, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai, and Yuma Counties in Arizona; and Catron, Cibola, Dona Ana, Grant, Hidalgo, McKinley, Mora, Rio Arriba, Santa Fe, San Juan, Sierra, Soccoro, Taos, and Valencia Counties in New Mexico.

We, the U.S. Fish and Wildlife Service, determine endangered status for the following six foreign species found on islands in French Polynesia and in Europe, Southeast Asia, and Africa: Cantabrian capercaillie ( Tetrao urogallus cantabricus ); Marquesan imperial pigeon ( Ducula galeata ); the Eiao Marquesas reed-warbler ( Acrocephalus percernis aquilonis ), previously referred to as ( Acrocephalus mendanae aquilonis ); greater adjutant ( Leptoptilos dubius ); Jerdon's courser ( Rhinoptilus bitorquatus ); and slender-billed curlew ( Numenius tenuirostris ), under the Endangered Species Act of 1973 (Act), as amended. This final rule implements the Federal protections provided by the Act for these species.

We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a court order that vacates our most recent rule and reinstates the regulatory protections under the Endangered Species Act of 1973, as amended (Act), for the Preble's meadow jumping mouse ( Zapus hudsonius preblei ) (Preble's) in Wyoming. The United States District Court for the District of Colorado, by order dated July 7, 2011, vacated and remanded the 2008 Final Rule to Amend the Listing for the Preble's Meadow Jumping Mouse To Specify Over What Portion of Its Range the Subspecies is Threatened (2008 Amended Listing Decision) and reinstated the 1998 Final Rule Listing the Preble's Meadow Jumping Mouse as Threatened Throughout Its Range, effective August 6, 2011. This rule reinstates the listing of Preble's in Wyoming. It also reinstates the special rule that exempts activities related to rodent control, ongoing agricultural activities, landscape maintenance, existing uses of water, noxious weed control, and ongoing ditch maintenance activities from the take provisions of the Act throughout the entire range of the Preble's.

We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing the plant Echinacea tennesseensis (commonly referred to as Tennessee purple coneflower) from the List of Endangered and Threatened Plants. This action is based on a thorough review of the best scientific and commercial data available, which indicate that this species has recovered and no longer meets the definition of threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Our review of the status of this species shows that populations are stable, threats are addressed, and adequate regulatory mechanisms are in place so that the species is not currently, and is not likely to again become, an endangered species within the foreseeable future in all or a significant portion of its range. Finally, we announce the availability of the final post-delisting monitoring plan for E. tennesseensis.

We, the U.S. Fish and Wildlife Service (Service), propose to reestablish the American burying beetle, a Federally listed endangered insect, into its historical habitat in Wah'kon-tah Prairie in southwestern Missouri. We propose to reestablish the American burying beetle under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and to classify that reestablished population as a nonessential experimental population (NEP) within St. Clair, Cedar, Bates, and Vernon Counties, Missouri. This proposed rule provides a plan for establishing the NEP and provides for allowable legal incidental taking of the American burying beetle within the defined NEP area.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Bay skipper ( Euphyes bayensis ) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the species is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act.

We, the U.S. Fish and Wildlife Service, announce the availability of the Revised Recovery Plan for the Northern Spotted Owl ( Strix occidentalis caurina ), a northwestern U.S. species listed as threatened under the Endangered Species Act (Act). The Act requires the development of recovery plans for listed species, unless such a plan would not promote the conservation of a particular species. Recovery plans help guide conservation efforts by describing actions considered necessary for the recovery of the species, establishing criteria for downlisting or delisting listed species, and estimating time and cost for implementing the measures needed for recovery.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list a distinct population segment (DPS) of the fisher ( Martes pennanti ) in its U.S. Northern Rocky Mountain range, including portions of Montana, Idaho, and Wyoming, as endangered or threatened and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the fisher in the U.S. Northern Rocky Mountains as threatened or endangered is not warranted at this time.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition (Petition) to list the eastern small-footed bat ( Myotis leibii ) and the northern long-eared bat ( Myotis septentrionalis ) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and designate critical habitat. Based on our review, we find that the Petition presents substantial scientific or commercial information indicating that listing of the eastern small-footed bat and the northern long-eared bat may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of these species to determine if listing the eastern small-footed bat or the northern long-eared bat, or both species is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding these species. Based on the status review, we will issue a 12-month finding on the Petition, which will address whether the petitioned action is warranted, as provided in the Act.