Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Jaguar in the United States

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) * * *

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Species Vertebrate population

---------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

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Mammals

* * * * * * *

Jaguar................... Panthera onca........... U.S.A. (AZ, CA, LA, NM, Entire.................. E 5, ______ NA NA

TX), Mexico, C. and S.

America.

* * * * * * *

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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