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E-M:/ Reopen USFWS Comment Period on Coaster Trout endangered status

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Proposed Rules]              
[Page 45935-45936]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R3-ES-2008-0030; 1111 FY07 MO-B2]

Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the U.S. Population of Coaster Brook Trout
(Salvelinus fontinalis) as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correction and reopening of comment period for 90-day petition


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), correct and
reopen the comment period for the March 20, 2008, 90-day finding on a
petition to list the U.S. population of coaster brook trout.

DATES: We will consider information received or postmarked on or before
September 8, 2008.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>.
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing,
Attn: [FWS-R3-ES-2008-0030]; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all information
received at <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>. This generally means that we
will post any personal information you provide us (see the Information
Solicited section below for more details).

FOR FURTHER INFORMATION CONTACT: Ms. Jessica Hogrefe, East Lansing
Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge Road--Suite
101, East Lansing, MI 48823-6316; telephone 517-351-5467; facsimile
517-351-1443. If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at (800) 877-

SUPPLEMENTARY INFORMATION: On March 20, 2008, the Service published in
the Federal Register a notice of 90-day petition finding and initiation
of status review concerning the petition to list as endangered a
population of brook trout (Salvelinus fontinalis) known as coaster
brook trout throughout its known historical range in the conterminous
United States (73 FR 14950). In the DATES section of that document, we
solicited requests for public hearings and established a date by which
we would receive such requests.
    This part of the notice was printed in error and we will not hold
public hearings for this 90-day finding. Section 4(b)(5) of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.),
states, ``With respect to any regulation proposed by the Secretary to
implement a determination, designation, or revision referred to in
subsection (a)(1) or (3) [proposed or final rule to list a species as
endangered or threatened, or proposed or final rule to designate any
habitat of such species to be critical habitat], the Secretary shall *
* * promptly hold one public hearing on the proposed regulation if any
person files a request for such a hearing within 45 days after the date
of publication of general notice.'' Notices of 90-day findings on
petitions to list species are not proposed regulations. The Service
does not generally hold public hearings for nonrulemaking findings, and
will not hold any public hearings regarding the coaster brook trout 90-
day finding. For a 90-day finding, we request information from the
public that improves our understanding of the status of the species.
This information typically includes agency reports and other
collections of empirical data that is best gathered in the form of
written comments. If, in the future, we publish a proposed rule for
this species (e.g., a proposed listing), we will allow the public an
opportunity to request a public hearing at that time.

Information Solicited

    We are, however, providing a new comment period with respect to the
90-day finding to afford the public an additional opportunity to
provide us information for our status review or submit any remarks that
would otherwise have been presented at a public hearing. We have also
contacted directly the persons who requested a hearing to advise them
of this additional opportunity to submit information.
    Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, because section 4(b)(1)(A) of the Act (16
U.S.C. 1531 et seq.) 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 the status review, we will determine whether listing
is warranted, not warranted, or warranted but precluded.
    You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. We will not
consider submissions sent by e-mail or fax or to an address not listed
in the ADDRESSES section.
    If you submit information via <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>, your
entire submission--including any personal identifying information--will
be posted on the Web site. 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 personal identifying
information from public review. However, we cannot guarantee that we
will be able to do so. We will post all hardcopy submissions on <A HREF="http://www.regulations.gov";>http://
    Information and materials we receive will be available for public
inspection on <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>, or by appointment, during
normal business hours, at the U.S. Fish and Wildlife Service, East

[[Page 45936]]

    Authority: This action is authorized by the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: July 31, 2008.
 H. Dale Hall,
Director, Fish and Wildlife Service.
[FR Doc. E8-18206 Filed 8-6-08; 8:45 am]


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
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