Does the 90-day finding constitute a final decision to list the cerulean warbler?
No, the 90-day finding is not a decision to list the cerulean warbler. The 90-finding is the Service’s first decision on whether the petition provides enough information to be either “substantial” or “not substantial.” A non-substantial finding ends the petition process. A “substantial” finding does not mean the listing action is warranted, rather it means that the petitioners have presented substantial information indicating that the requested action may be warranted. If the 90-day petition finding is substantial, the Service begins a formal status review of the species which culminates in a 12-month finding on the petition. 7. What information does the Service use to make a 90-day finding? The Service examines the information contained in and referenced by the petition, along with other available information it may have, to make the 90-day finding. The Service also contacts States and Tribes within the species’ range and requests information from them. Before receiving the petition t
