[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Proposed Rules]
[Pages 29908-29910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7715]
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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 on
a Petition To Delist the California Brown Pelican and Initiation of a
5-Year Review for the Brown Pelican
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
reviews for the 12-month finding and 5-year review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to remove the California brown pelican
(Pelecanus occidentalis californicus) from the Federal List of
Endangered and Threatened Wildlife and Plants pursuant to section
4(b)(3) of the Endangered Species Act of 1973, as amended (Act). We
find that the petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. We,
therefore, are initiating a status review of the California brown
pelican to determine if delisting under the Act is warranted. We note
that the taxon on the Federal List of Endangered and Threatened Species
is the brown pelican (Pelecanus occidentalis). The petition requests
specifically the delisting of the California brown pelican, (Pelecanus
occidentalis californicus), rather than the delisting of the entire
listed entity. Brown pelicans in coastal States along the Atlantic
Coast and in Florida and Alabama were removed from the List of
Endangered and Threatened Wildlife on February 4, 1985 (50 FR 4938).
The brown pelican remains listed as endangered throughout the remainder
of its range in North, Central, and South America and the Caribbean.
Because a status review is also required for the 5-year review of
listed species under section 4(c)(2)(A) of the Act, we are electing to
initiate a 5-year review of the brown pelican (Pelecanus occidentalis)
throughout its range and prepare these reviews simultaneously. The
purpose of reviews conducted under this section of the Act is to ensure
that the classification of species as threatened or endangered on the
List of Endangered and Threatened Wildlife and Plants is accurate. To
ensure that the reviews are comprehensive, we are soliciting scientific
and commercial information regarding this species.
DATES: The finding announced in this document was made on May 24, 2006.
To allow us adequate time to conduct these reviews, we must receive
your comments and information on or before July 24, 2006. However, we
will continue to accept new information about any listed species at any
time.
ADDRESSES: To submit comments and information on the 90-day finding for
the California brown pelican delisting petition or the rangewide 5-year
status review, see ``Public Comments'' under Supplementary Information.
FOR FURTHER INFORMATION CONTACT: For the California brown pelican
(Pelecanus occidentalis californicus), contact Michael McCrary (see
Public Comments), telephone, 805-644-1766; facsimile, 805-644-3958. For
the brown pelican (Pelecanus occidentalis), contact Steve Chambers (see
Public Comments), telephone, 505-248-6658; facsimile, 505-248-6788.
SUPPLEMENTARY INFORMATION:
Petition Information
We received a petition from Craig Harrison, of the law firm Hunton
and Williams, representing the Endangered Species Recovery Council,
dated December 14, 2005, to remove the California brown pelican from
the Federal List of Endangered and Threatened Wildlife and Plants. We
note that the taxon on the Federal List of Endangered and Threatened
Species is Pelecanus occidentalis. The petition requests specifically
the delisting of the subspecies California brown pelican, (Pelecanus
occidentalis californicus), rather than the delisting of the entire
listed entity. The petition contained information on population size,
population trends, reproduction, and distribution of the California
brown pelican, including information on the status and management of
the California brown pelican in Mexico. It also contained information
on what the petitioners reported as the elimination (e.g., banning of
DDT and other contaminants) or management of threats that had
originally resulted in the California brown pelican being listed as
endangered.
On the basis of information provided in the petition, we have
determined that the petition presents substantial scientific or
commercial information, and that removing the California brown pelican
from the Federal List of Endangered and Threatened Wildlife and Plants
may be warranted. Therefore, we are initiating a status review to
determine if removing the subspecies is warranted. To ensure that the
status review is comprehensive, we are soliciting scientific and
commercial information regarding this species. Under section 4(b)(3)(B)
of the Act, we are required to make a finding as to whether delisting
the California brown pelican is warranted by December 14, 2006.
Five-Year Review--Why Is a 5-Year Review Conducted?
Under the Endangered Species Act (Act) (16 U.S.C. 1531 et seq.) we
maintain a List of Endangered and Threatened Wildlife and Plants at 50
CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of
the Act requires that we conduct a review of listed species at least
once every 5 years. Then, on the basis of such reviews, under section
4(c)(2)(B) we determine whether or not any species should be removed
from the List (delisted), or reclassified from endangered to threatened
or from threatened to endangered. Delisting a species must be supported
by the best scientific and commercial data available and only
considered if such data substantiates that the species is neither
endangered nor threatened for one or more of the following reasons: (1)
The species is considered extinct; (2) the species is considered to be
recovered; and/or (3) the original data available when the species was
listed, or the interpretation of such data, were in error. Any change
in Federal classification would require a separate rulemaking process.
Our regulations at 50 CFR 424.21 require that we publish a notice
in the Federal Register announcing those species currently under active
review. This notice announces our active review of the brown pelican.
[[Page 29909]]
What Information Is Considered in the Review?
A 5-year review considers all new information available at the time
of the review. These reviews will consider the best scientific and
commercial data that has become available since the current listing
determination or most recent status review, such as:
A. Species biology including, but not limited to, population
trends, distribution, abundance, demographics, and genetics;
B. Habitat conditions including, but not limited to, amount,
distribution, and suitability;
C. Conservation measures that have been implemented that benefit
the species;
D. Threat status and trends (see five factors under heading ``How
Do We Determine Whether a Species Is Endangered or Threatened?''); and
E. Other new information, data, or corrections including, but not
limited to, taxonomic or nomenclatural changes, identification of
erroneous information contained in the List, and improved analytical
methods.
How Do We Determine Whether a Species Is Endangered or Threatened?
Section 4(a)(1) of the Act requires that we determine whether a
species is endangered or threatened based on one or more of the five
following factors:
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.
Our assessment of these factors is required, under section 4(b)(1)
of the Act, to be based solely on the best scientific and commercial
data available.
What Could Happen as a Result of This Review?
If we find that there is information concerning the brown pelican
indicating a change in classification may be warranted, we may propose
a new rule that could do one of the following: (a) Reclassify the
species from endangered to threatened; (b) remove the species from the
List; or (c) find that various subunits of the species, such as
subspecies or potential distinct population segments, differ in status
such that one or more of these subunits should be reclassified or
removed from the List. We may find that a change in classification of
the currently listed species is not warranted, and the species should
remain on the List under its current status.
We will base our 12-month finding and 5-year review on a review of
the best scientific and commercial information available, including all
information received during the information request period. Please note
that comments merely stating support or opposition to the actions under
consideration without providing supporting information, although noted,
will not be considered in making a determination, as section 4(b)(1)(A)
directs that determinations as to whether any species is a threatened
or endangered species shall be made ``solely on the basis of the best
scientific and commercial data available.'' At the conclusion of these
simultaneous reviews, we will issue the 12-month finding on the
petition, as provided in section 4(b)(3)(B) of the Act, and make the
requisite finding under section 4(c)(2)(B) of the Act based on the
results of the 5-year review.
Public Comments
To ensure that the status review for the California brown pelican
and 5-year review for the brown pelican are complete and based on the
best available scientific and commercial information, we are soliciting
any additional information, or suggestions from the public, other
concerned governmental agencies, Tribes, the scientific community,
industry, environmental entities, or any other interested parties.
Information sought includes any data regarding historical and current
distribution, biology and ecology, ongoing conservation measures for
the species, and threats to the species. We also request information
regarding the adequacy of existing regulatory mechanisms.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment, but you should be aware that the Service may be required to
disclose your name and address pursuant to the Freedom of Information
Act. However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
1. You may submit written comments and information to the Field
Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife
Office, 2493 Portola Road, Suite B, Ventura, CA 93003.
2. You may hand-deliver written comments and information to our
office at the address given above.
3. You may send your comments and information by electronic mail
(e-mail) directly to the Service at [email protected]. Please
avoid the use of special characters or any form of encryption in your
e-mail. Electronic attachments in standard formats (such as .pdf or
.doc) are acceptable, but please name the software necessary to open
any attachments in formats other than those given above. Please also
include ``Attn: Brown Pelican'' in your e-mail subject header and your
name and return address in the body of your message. If you do not
receive a confirmation from the system that we have received your e-
mail, contact us directly by calling our Ventura Fish and Wildlife
Office at phone number 805-644-1766 or please submit your comments or
information in writing using one of the alternate methods described
above. In the event that our internet connection is not functional,
please submit your comments or information by one of the alternate
methods mentioned above. Please note that the e-mail address will be
closed out at the termination of the information request period.
All comments and materials received for both the status review of
the California brown pelican and the 5-year review of the brown pelican
throughout its range will be available for public inspection, by
appointment, during normal business hours at our Ventura Fish and
Wildlife Office (see addresses above).
For the California Brown Pelican (Pelecanus Occidentalis Californicus)
Petition To Delist
We are requesting information on the status of the California brown
pelican throughout its range in both the United States and Mexico.
Information/comments of particular interest include:
(1) Information on distribution, habitat selection, food habits,
population density and trends, and habitat trends;
[[Page 29910]]
(2) Information on the distribution and abundance of prey species
of California brown pelicans and any changes in the distribution and
abundance of prey over time;
(3) Information on the effects of potential threats to California
brown pelicans, including oil and gas development, contaminants,
commercial and recreational fishing, disturbance, disease, and
predation, in the United States and Mexico;
(4) Information on management programs for California brown pelican
conservation in the United States and Mexico.
(5) Information or comments on the biological and administrative
appropriateness of delisting California brown pelican (Pelecanus
occidentalis californicus), although it is only a portion of the listed
entity.
For the Brown Pelican (Pelecanus Occidentalis) Rangewide 5-Year Review
In addition to the information requested above, we are also
requesting information for the 5-year review of the brown pelican
throughout its entire range in North, Central, and South America and
the Caribbean. We are requesting information on:
(1) Species biology, including but not limited to, population
trends, distribution, abundance, demographics, and genetics;
(2) Habitat conditions, including but not limited to, amount,
distribution, and suitability;
(3) Conservation measures that have been implemented that benefit
the species;
(4) Threat status and trends; and
(5) Other new information, data, or corrections including, but not
limited to, taxonomic or nomenclatural changes, identification of
erroneous information contained in the List, and improved analytical
methods.
Author
The primary author of this document is Christine Hamilton,
biologist, Ventura 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: May 15, 2006.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E6-7715 Filed 5-23-06; 8:45 am]
BILLING CODE 4310-55-P