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The petitioners also requested that critical habitat be designated as soon as the needs of the species are sufficiently well known.

However, from October 1995 through April 1996, we were under a moratorium on listing actions as a result of Public Law 104-6, which, along with a series of continuing budget resolutions, eliminated or severely reduced our listing budget through April 1996.

The 12-month finding initially identified the lesser prairie- chicken as a candidate for listing with a listing priority number (LPN) of 8.

Our policy (48 FR 43098; September 21, 1983) requires the assignment of an LPN to all candidate species.

On October 6, 1995, we received a petition, dated October 5, 1995, from the Biodiversity Legal Foundation, Boulder, Colorado, and Marie E. The petitioners requested that we list the lesser prairie-chicken as threatened throughout its known historical range in the United States.

The petitioners defined the historical range to encompass west-central Texas north through eastern New Mexico and western Oklahoma to southeastern Colorado and western Kansas, and they stated that there may have been small populations in northeastern Colorado and northwestern Nebraska.

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Elsewhere in this issue of the Federal Register, we published a final special rule under section 4(d) of the Act for the lesser prairie-chicken. ADDRESSES: Document availability: You may obtain copies of this final rule on the Internet at Docket No.

We were unable to act on the petition during that period.

On July 8, 1997 (62 FR 36482), we announced our 90-day finding that the petition presented substantial information Page 19975 indicating that the petitioned action may be warranted.In this final rule, we explain why the lesser prairie-chicken warrants protection under the Act.

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This rule lists the lesser prairie-chicken as a threatened species throughout its range. Under the Act, we can determine that a species is an endangered or threatened species based on any of five 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.During the second comment period, we received 56,344 comment letters addressing the proposed listing rule, proposed special rule, and related rangewide conservation plan.