[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16911]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC61
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for the Jaguar in the United States
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 12-
month finding on a petition to extend endangered status to the jaguar
(Panthera onca) throughout its range under the authority of the
Endangered Species Act of 1973, as amended (Act). The Service finds
that the petitioned action is warranted. The jaguar is currently listed
as endangered from Mexico southward to Central and South America. In
the United States the primary threat to this species is from shooting.
Loss and modification of the jaguar's habitat may have also contributed
to its decline. While no breeding population of the jaguar is known to
survive in the U.S., the species is present in northern Mexico, and
wandering individuals occasionally cross the border. A minimum of 64
jaguars have been killed in Arizona since 1900. The most recent was in
1986. This proposal, if made final, will extend Federal protection
provided by the Act for such dispersing animals. Critical habitat is
not being proposed. The Service seeks data and comments from the public
on this proposal.
DATES: Comments from all interested parties must be received by
September 12, 1994. Public hearing requests must be received by August
29, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the State Supervisor, Arizona Ecological Services State Office,
U.S. Fish and Wildlife Service, 3616 West Thomas Road, Suite 6,
Phoenix, Arizona 85019. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Sam Spiller, State Supervisor, at the
above address, or telephone 602/379-4720.
SUPPLEMENTARY INFORMATION:
Background
The jaguar (Panthera onca) is the largest species of cat native to
the Western Hemisphere. Jaguars are muscular cats with relatively
short, massive limbs and a deep-chested body. They are cinnamon-buff in
color with many black spots. Their range in North America includes
Mexico and portions of the southwestern United States (Hall 1981). A
number of records of jaguars are known for Arizona, New Mexico, and
Texas. Additional reports exist for California and Louisiana. Records
of the jaguar in Arizona and New Mexico have been attributed to the
subspecies Panthera onca arizonensis. The type specimen of this
subspecies was collected in Navajo County, Arizona, in 1924 (Goldman
1932). Nelson and Goldman (1933) described the distribution of this
subspecies as the mountainous parts of eastern Arizona north to the
Grand Canyon, the southern half of western New Mexico, northeastern
Sonora, and, formerly, southeastern California. The records for Texas
have been attributed to P. o. veraecrucis. Nelson and Goldman (1933)
described the distribution of this subspecies as the Gulf slope of
eastern and southeastern Mexico from the coast region of Tabasco, north
through Vera Cruz and Tamaulipas, to central Texas.
Swank and Teer (1989) indicated the historical range of the jaguar
included portions of the states of Arizona, New Mexico, and Texas.
These authors consider the current range to occur from central Mexico
through Central America and into South America as far as northern
Argentina. They stated that the United States no longer contains
established breeding populations, which probably disappeared from the
United States in the 1960s. They also maintained that the jaguar
prefers a warm tropical climate, is usually associated with water, and
is only rarely found in extensive arid areas.
Brown (1983) presented an analysis suggesting there was a resident
breeding population of jaguars in the southwestern United States at
least into the 20th century. The Service (U.S. Fish and Wildlife
Service 1990) recognized that the jaguar continues to occur in the
American Southwest as an occasional wanderer from Mexico.
Previous Federal Action
The jaguar is listed as endangered from the U.S. and Mexico border
southward to include Central and South America (37 FR 6476, March 30,
1972; 50 CFR 17.11, July 15, 1991). The species was originally listed
as endangered in accordance with the Endangered Species Conservation
Act of 1969 (ESCA). Pursuant to the ESCA, two separate lists of
endangered wildlife were maintained, one for foreign species and one
for species native to the United States. The jaguar appeared only on
the List of Endangered Foreign Wildlife. In 1973, the Endangered
Species Act superseded the ESCA. The foreign and native lists were
replaced by a single ``List of Endangered and Threatened Wildlife,''
which was first published in the Federal Register on September 26, 1975
(40 FR 44412-44429).
On July 25, 1979, the Service published a notice (44 FR 43705)
stating that, through an oversight in the listing of the jaguar and six
other endangered species, the United States populations of these
species were not protected by the Act. The notice asserted that it was
always the intent of the Service that all populations of the seven
species deserved to be listed as endangered, whether they occurred in
the United States or in foreign countries. Therefore, the notice stated
that the Service intended to take action as quickly as possible to
propose inclusion of the United States portions of the species' range
for listing.
On July 25, 1980, the Service published a proposed rule (45 FR
49844-49847) to list the jaguar and four of the other species referred
to above in the United States. The proposal for listing the jaguar and
three other species was withdrawn on September 17, 1982 (47 FR 41145).
The notice issued by the Service stated that the Act mandated
withdrawal of proposed rules to list species that have not been
finalized within 2 years of the proposal.
On August 3, 1992, the Service received a petition from the
instructor and students of the American Southwest Sierra Institute and
Life Net to list the jaguar (Panthera onca) as endangered in the United
States. The petition was dated July 26, 1992. Two subspecies of jaguar
(P. o. arizonensis and P. o. veraecrucis) are recognized as occurring
in the United States. Therefore both subspecies are encompassed by this
proposed rule to revise the listed range of Panthera onca.
On April 13, 1993 (58 FR 19216-19220), the Service published a
finding that the petition presented substantial information indicating
that the petitioned action may be warranted and requested public
comments and biological data on the status of the jaguar. Section
4(b)(3) of the Act requires the Secretary of the Interior to reach a
final decision on any petition accepted for review within 12 months of
its receipt. This proposal constitutes the final finding on the
petitioned action.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et
seq.) and regulations (50 CFR Part 424) promulgated to implement the
listing provisions of the Act set forth the procedures for adding
species to the Federal ``List of Endangered and Threatened Wildlife and
Plants.'' A species may be determined to be an endangered or threatened
species due to one or more of the five factors described in Section
4(a)(1). These factors and their application to the jaguar (Panthera
onca) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Within the United States, jaguars have been recorded most commonly
from Arizona, but there are also records from California, New Mexico,
and Texas, and reports from Louisiana. Currently there is no known
resident population of jaguars in the United States, though they still
occur in northern Mexico.
Arizona
Goldman (1932) believed that the jaguar was a regular, but not
abundant, resident in southeastern Arizona. Hoffmeister (1986)
considered the jaguar an uncommon resident species in Arizona. He
concluded that the reports of jaguars between 1885 and 1965 indicated
that a small but resident population once occurred in southeastern
Arizona. Brown (1983) suggested that the jaguar in Arizona ranged
widely throughout a variety of habitats from Sonoran desertscrub upward
through subalpine conifer forest. Most of the records were from Madrean
evergreen-woodland, shrub-invaded semidesert grassland, and along
rivers.
The most recent records of jaguars in the United States are from
Arizona. In 1971, a jaguar was taken east of Nogales and, in 1986, one
was taken from the Dos Cabezas Mountains. The latter individual
reportedly had been in the area for about a year before it was killed
(Ronald M. Nowak, U.S. Fish and Wildlife Service, pers. comm., 1992).
The Arizona Game and Fish Department (AGFD) (1988) cited two recent
reports of jaguars in Arizona. The individuals were considered to be
transients from Mexico. One of the reports was from 1987 from an
undisclosed location. The other report was from 1988, when tracks were
observed for several days prior to the treeing of a jaguar by hounds in
the Altar Valley, Pima County. An unconfirmed report of a jaguar at the
Coronado National Monument was made in 1991 (Ed Lopez, Coronado
National Monument, pers. comm., 1992).
Finally, there is a report of a jaguar sighted in December, 1993,
on the Buenos Aires National Wildlife Refuge in the Baboquivari
Mountains of southern Arizona. Refuge personnel believe that the
chances are ``very good'' that this was a reliable sighting.
California
Merriam (1919) summarized several accounts of jaguars, from various
locations in California, which were obtained from documents published
between 1814 and 1860. Strong (1926) provided evidence that the
Cahuilla Indians of the Coachella Valley and San Jacinto and Santa Rosa
Mountains of southern California were familiar with the jaguar. Nowak
(1975) mentioned reports of jaguars in the Tehachapi Mountains from
1855, and the last known individual from California was killed near
Palm Springs in 1860 (Strong 1926). Nowak speculated that the animal
may have been a breeding individual.
Louisiana
Nowak (1973) speculated on the occurrence of jaguars east of Texas.
Several early accounts mentioned jaguars and tigers. He cited Baird
(1859) who believed that specimens had been taken from Louisiana. Nowak
also discussed the killing of what was probably a jaguar near New
River, Ascension Parish, Louisiana in 1886. Lowery (1974) mentioned
this killing and included the jaguar in the fauna of Louisiana on a
provisional basis.
New Mexico
Barber (1902) speculated that jaguars made their way into the
Mogollon Mountains of New Mexico by ascending the Gila River. Bailey
(1931) suggested that jaguars seemed to be native in southern New
Mexico, but were regarded as wanderers from across the United States-
Mexico border. He listed nine reports of jaguars in New Mexico from
1855 to 1905. Brown (1983) stated that the last record from New Mexico
was from 1905. Nowak (1975) mentioned reports of jaguars along the Rio
Grande from as late as 1922. Halloran (1946) reported that dogs
``jumped'' a jaguar in the San Andres Mountains in 1937. Findley et al.
(1975) stated that jaguars once occurred as far north as northern New
Mexico.
Texas
Bailey (1905) stated that the jaguar was once reported as common in
southern and eastern Texas but had become extremely rare. Nowak (1975)
believed that an established population once occurred in the dense
thickets along the lower Nueces River and northeast to the Guadalupe
River. He suggested that jaguars probably continued to wander from
Mexico into the brush country of the southernmost part of the State.
However, brush clearing has possibly reduced chances for
reestablishment of the species in Texas.
Mexico
Leopold (1959) believed the distribution of the jaguar in Mexico
included the tropical forests of southeastern Mexico, the coastal
plains to the mouth of the Rio Grande on the Gulf of Mexico side, and
the Sonoran foothills of the Sierra Madre Occidental on the Pacific
side. The highest densities of jaguars were found along heavily
forested flatlands and foothills of southern Sinaloa, the swamps of
coastal Nayarit, the remaining uncut forests along the Gulf coast as
far east as central Campeche, and the great rain forests of northern
Chiapas. He indicated that occasional wandering individuals were found
far from these areas; some followed tropical gorges far into mountains.
He believed that jaguars followed big rivers on their northern
movements; they traveled up the Brazos, Pecos, Rio Grande, Gila, and
Colorado Rivers. He mentioned a 1955 record of a jaguar near the
southern tip of the San Pedro Martir range, Baja California. Leopold
asserted that this individual was 500 miles from regularly occupied
jaguar habitat.
Swank and Teer (1989) described the distribution of the jaguar in
North America as a broad belt from central Mexico to Central America.
They found that the most northerly established populations, as reported
by Mexican officials, were in southern Sinaloa and southern Tamaulipas.
Brown (1991) did not believe that the jaguar was extirpated from
northern Mexico. Although jaguars were considered relatively common in
Sonora in the 1930s and 1940s, he cited the most northern officially
reported population as about 800 miles south of the United States-
Mexico border. However, Brown suggested that there may be more jaguars
in Sonora than are officially reported. He mentioned reports of two
jaguars that were killed in central Sonora around 1970. He also
discussed assertions by the local Indians that both male and female
jaguars still occurred in the Sierra Bacatete. Brown speculated that if
a reproducing population of jaguars is still present in these
mountains, it may be the source of individuals that travel northward
through the Sierra Libre and Sierra Madera until they reach Arizona.
Nowak (pers. comm., 1992) reiterated that as late as 1987 the species
was still considered common in the Sierra Bacatete near Guaymas,
Sonora, which is about 200 miles south of Arizona.
Brown (1989) reported that biologists from Mexico have stated that
at least two jaguars have been killed in Chihuahua. In 1987, Nowak
(pers. comm., 1992) claimed that jaguars were still regularly present
along the Soto la Marina River of central Tamaulipas, which is about
150 miles from the southern tip of Texas. He also hypothesized that
jaguars may be entering Arizona from Mexico as a result of habitat
destruction in Sonora. Large stretches of natural forest have been
cleared in central Tamaulipas. In Arizona, by contrast, jaguar prey
populations have increased, and large tracts of brush and canyon
woodland are still available to provide cover for jaguars. Listing will
provide protection for individuals, which may lead to recolonization of
currently unoccupied habitat and reestablishment of the species in
portions of its historical Arizona range in the United States.
Clearing of habitat, destruction of riparian areas, and
fragmentation or blocking of corridors may prevent jaguars from
recolonizing previously inhabited areas. Although there is currently no
known resident population of jaguars in the United States, wanderers
from Mexico may cross the border and take up residency in available
habitat.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
In Arizona, the jaguar's gradual decline was concurrent with
predator control associated with the settlement of land and the
development of the cattle industry (Brown 1983, Service 1990). Lange
(1960) summarized the jaguar records from Arizona known up to that
time. Between 1885 and 1959, the reports consisted of 45 jaguars
killed, 6 sighted, and 2 recorded by sign.
Brown (1991) related that the accumulation of all known records
indicated a minimum of 64 jaguars were killed in Arizona after 1900.
When plotted at ten-year intervals, records of jaguars reported killed
in Arizona and New Mexico between 1900 and 1980 demonstrated ``a
decline characteristic of an over-exploited resident population''
(Brown 1983). Brown (1983) argued that if the jaguars killed during
this period originated in Mexico, the numbers of killings should not
suggest a pattern but should rather be irregular and erratic.
Bailey (1905) listed seven reports of jaguars killed in Texas
between 1853 and 1903. Schmidly (1983) reported another jaguar shot in
Mills County in 1904. Taylor (1947) mentioned a jaguar killed near
Lyford, Willacy County, in 1912. Brown (1991) indicated jaguars were
common in Texas until 1870. The last reports from Texas were of
individuals killed in 1946 (San Benito, Cameron County) and 1948
(Kleburg County). Nowak (1975) identified killing of jaguars for
commercial sale of their furs as a factor in the extermination of a
substantial resident population in central Texas during the late 19th
century.
Although the demand for jaguar pelts has diminished, it still
exists along with the business of hunting jaguars. In 1992, AGFD
personnel infiltrated a ring of wildlife profiteers. That operation
resulted in the March, 1993, seizure of three jaguar specimens, one of
which was allegedly taken from the Dos Cabezas Mountains in Arizona in
1986. Two of the specimens had been covertly purchased from the
suspects. During the investigation, several ties to Mexico jaguar
hunting were discovered. Hounds bred and trained in the United States
were sold to Mexican nationals for the purpose of hunting jaguars.
Also, Mexican nationals prosecuted by the Service in 1989 for illegally
importing jaguar pelts into the United States were continuing the
practice of providing jaguar hunts in Mexico (Terry B. Johnson, Arizona
Game and Fish Department, in litt., 1993).
C. Disease or Predation
The Service is unaware of any known diseases or predators that
threaten the jaguar at this time.
D. The Inadequacy of Existing Regulatory Mechanisms
State Regulations
Jaguars are listed as endangered by the State of Arizona. In
general, violations of Arizona Game and Fish Laws (AGFD 1991) are class
2 misdemeanors. The Arizona Game and Fish Commission may, through civil
action, seek to recover a minimum of $750 for each endangered species
unlawfully taken, wounded or killed. Special permits may be issued for
taking depredating wildlife. The AGFD offered a reward of $4,000 for
information leading to a conviction for the reported killing of a
jaguar in 1986. However, a conviction has yet to be obtained for that
incident.
Under the California Code of Regulations, it is prohibited to
import, transport, or possess jaguars. In Louisiana the jaguar receives
no official protection from the State (Fred Kimmel, Louisiana
Department of Wildlife and Fisheries, pers. comm., 1993). The jaguar is
not listed as an endangered species, a game animal, or a fur-bearing
animal by the State of New Mexico; it receives no official protection
from New Mexico (Sartor O. Williams III, New Mexico Department of Game
and Fish, in litt., 1992).
The jaguar is listed as endangered by the State of Texas (Texas
Parks and Wildlife Department 1987). It is unlawful to take, possess,
transport, export, process, sell or offer for sale, or ship jaguars in
Texas. However, some of the above actions may be allowed for zoological
gardens, and scientific, commercial, and propagation purposes with the
proper permits. A first violation of the regulations or a permit is a
Texas Parks and Wildlife Code C misdemeanor, which carries a fine of
$25 to $500 (Capt. Harold Oates, Texas Parks and Wildlife, pers. comm.,
1994).
In summary, although some States provide limited protection to the
jaguar, illegal taking continues to occur. Listing the species under
the Act would result in protective measures beyond those provided by
the States.
Federal Protection
The jaguar is currently listed under the Act as an endangered
species only in Mexico and southward to include Central and South
America. Jaguars that may occur in, or immigrate into, the United
States are not currently protected by the Act. The jaguar is on
Appendix I of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES). However, that listing does not
prohibit the act of taking, possessing or transporting a jaguar within
the United States and its territories.
The subspecies Panthera onca veraecrucis, with historical range in
Texas and eastern Mexico, is designated by the United States government
as a peripheral animal of concern in a provisional list for the Annex
of the Convention on Nature Protection and Wildlife Preservation in the
Western Hemisphere (Nowak, pers. comm., 1992). Panthera onca
arizonensis is not so designated. This Convention, as implemented by
sections 2 and 8(A) of the Act, does not require the protection of
species listed only on a provisional basis. Therefore, neither P. o.
veraecrucis nor P. o. arizonensis are currently protected.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
M-44 ejector devices with cyanide capsules used in Animal and Plant
Health Inspection Service animal damage control programs to accommodate
concerns of livestock owners over predator losses may be a threat to
the jaguar (Terry B. Johnson, in litt., 1993). Jaguars may also be
victims of traps targeted for other predators such as bears and
cougars.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to propose the
jaguar (Panthera onca) as endangered throughout its range. The lack of
protection under the Act for jaguars in the United States is due to an
uncorrected technicality, rather than to any scientific information
that jaguars do not require protection in the U.S. A decision to take
no action would exclude the jaguar in the U.S. from needed protection
pursuant to the Act. A decision to propose only threatened status would
not adequately express the drastic distributional decline of the
species and the continued jeopardy of any individuals in the U.S.
Therefore, no action or listing as threatened would be contrary to the
intent of the Act. Critical habitat is not being proposed at this time
for the jaguar for reasons discussed in the ``Critical Habitat''
section of this proposal.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time the species is proposed to be endangered or
threatened. The Service finds that designation of critical habitat is
not presently prudent or determinable for this species. Specific
habitat used by jaguars in the United States is unknown. It would be
possible to delineate some general areas that the species would be most
likely to use. However, the lack of knowledge on the species' habitat
use makes critical habitat undeterminable.
The Service's regulations (50 CFR 424.12(a)(1)) state that
designation of critical habitat is not prudent when one or both of the
following situations exist: (1) The species is threatened by taking or
other human activity, and identification of critical habitat can be
expected to increase the degree of such threat to the species; or (2)
such designation of critical habitat would not be beneficial to the
species. As discussed in factor ``B'' above, the jaguar is highly
threatened by taking. Jaguars are still in demand for hunts and as
trophies and pelts. The last verified jaguar in Arizona was hunted and
killed in 1986 approximately one year after it was known to be in the
area. Publication of detailed critical habitat maps and descriptions in
the Federal Register would likely make the species more vulnerable to
activities prohibited under section 9 of the Act. In addition, since
the primary threat to the species in the United States is direct taking
rather than habitat destruction, designation of critical habitat would
not lessen, and may increase, the primary threat to the jaguar.
Therefore, it would not be prudent to propose critical habitat for the
jaguar at this time.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and authorizes recovery plans for all
listed species. The protection required of Federal agencies and the
prohibitions against taking and harm are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
Part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in destruction
or adverse modification of proposed critical habitat. If a species is
listed subsequently, Section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund or carry out are not likely
to jeopardize the continued existence of such a species or to destroy
or adversely modify its critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Federal actions that may affect the jaguar include clearing of habitat,
destruction of riparian areas, fragmentation or blocking of corridors
that jaguars may use to cross from Mexico to the United States, and any
trapping or animal control activities designed to target the jaguar or
other large predators.
The Act and its implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or
collect, or to attempt any of these), import or export, ship in
interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species. It
also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities. In some instances, permits
may be issued for a specified time to relieve undue economic hardship
that would be suffered if such relief were not available. Permits may
be sought since there are some zoos that have jaguars on display.
On July 1, 1975, the jaguar was included in Appendix I of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). The effect of this listing is that both export and
import permits are generally required before international shipment may
occur. Such shipment is strictly regulated by CITES party nations to
prevent effects that may be detrimental to the species' survival.
Generally, import or export cannot be allowed if it is for primarily
commercial purposes. Requests for copies of the regulations on
protected wildlife and inquiries regarding them may be addressed to the
Office of Management Authority, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, room 420C, Arlington, Virginia 22203-3507 (703/
358-2104).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by Section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulation on this species will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to the Arizona State Supervisor (See ADDRESSES
section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to Section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available on
request from the State Supervisor, Arizona Ecological Services State
Office (see ADDRESSES section).
Author
The primary author of this proposed rule is Lorena L. L. Wada of
the Arizona Ecological Services State Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
PART 17--[AMENDED]
Accordingly, it is hereby proposed to amend part 17, subchapter B
of chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
1. The authority citation for Part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. It is proposed to amend Sec. 17.11(h) by revising the entry for
the jaguar (Panthera onca) under MAMMALS in the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Jaguar................... Panthera onca........... U.S.A. (AZ, CA, LA, NM, Entire.................. E 5, ______ NA NA
TX), Mexico, C. and S.
America.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: June 29, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-16911 Filed 7-12-94; 8:45 am]
BILLING CODE 4310-55-P
