Endangered and Threatened Species; Proposed Threatened Status for Subspecies of the Ringed Seal, 77466-77467 [2011-31969]
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77466
Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
in Alaska in Anchorage, Barrow, and
Nome (76 FR 9734, February 22, 2011;
76 FR 14883, March 18, 2011).
In accordance with our July 1, 1994,
Interagency Cooperative Policy on Peer
Review (59 FR 34270), we requested the
expert opinion of four independent
scientists with expertise in seal biology
and/or Arctic sea ice and climate change
regarding the pertinent scientific data
and assumptions concerning the
biological and ecological information
used in the proposed rule. The purpose
of the review was to ensure that the best
biological and commercial information
was used in the decision-making
process, including input of appropriate
experts and specialists. We received
comments from three of these reviewers.
There was significant disagreement
among the peer reviewers regarding the
magnitude and immediacy of the threat
posed to the Beringia DPS by the
projected changes in sea ice habitat.
This disagreement was also evident in
public comments received. A number of
commenters disputed the assessment of
the threat posed to the Beringia DPS by
the projected habitat changes, including
the State of Alaska, certain Tribal
governments and Alaska Native
organizations, and Canada’s Department
of Fisheries and Oceans. We have
considered these comments, and we
find that substantial disagreement exists
concerning the sufficiency or accuracy
of the analysis of model projections of
future sea ice cover and related impacts
to the Beringia DPS, and the magnitude
and immediacy of the threats posed to
this population by the projected habitat
changes.
Extension of Final Listing
Determination
The ESA, section 4(b)(6), requires that
we take one of three actions within 1
year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination, for the
purposes of soliciting additional data.
In consideration of the disagreement
related to the model projections and
analysis of future sea ice habitat in the
range of the Beringia DPS, we are
extending the timeline for the final
determination by an additional 6
months (until June 10, 2012) to resolve
the disagreement. We believe that the
solicitation of additional data through
special independent peer review of this
aspect of the status review report will
better inform our final determination on
the proposed listing rule and will
VerDate Mar<15>2010
16:11 Dec 12, 2011
Jkt 226001
address the disagreement. We are
therefore conducting peer review in
accordance with our Policy on Peer
Review, and we will provide an
opportunity for the public to comment
on the peer review report. The
additional 6 months will allow time for
us to evaluate and assess the special
independent peer review comments and
make the peer review report available
for comment. We do not anticipate that
this additional time will appreciably
impact either of the two DPSs of
bearded seals we proposed to list as
threatened.
The reopening of the public comment
period will be announced in the Federal
Register when the availability of the
peer review report compiling the special
independent review comments is
known. At that time, instructions for
obtaining a copy of the peer review
report will also be announced.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–31967 Filed 12–12–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 101126590–1705–02]
RIN 0648–XZ59
Endangered and Threatened Species;
Proposed Threatened Status for
Subspecies of the Ringed Seal
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; 6-month
extension of the deadline for a final
listing determination.
AGENCY:
We, NMFS, announce a 6month extension of the deadline for a
final determination regarding the
December 10, 2010, proposed rule to list
four subspecies of the ringed seal
(Phoca hispida) as threatened species
under the Endangered Species Act of
1973, as amended (ESA). We are taking
this action because there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the proposed listing rule. An
additional 6 months will allow us to
solicit additional data, evaluate and
SUMMARY:
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
assess special independent peer review
of the aspects of the status review report
over which there is substantial
disagreement, and better inform our
final determination on the proposed
listing rule.
DATES: We intend to reopen the public
comment period to accept comment on
the special independent peer review
report when it becomes available. We
will soon announce the dates of the new
public comment period in the Federal
Register. The final determination on
this listing action will be made no later
than June 10, 2012.
ADDRESSES: The proposed rule, status
review report, and other materials
relating to this proposal can be found on
the Alaska Region Web site at: https://
alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Tamara Olson, NMFS Alaska Region,
(907) 271–5006; Kaja Brix, NMFS
Alaska Region, (907) 586–7235; or Marta
Nammack, Office of Protected
Resources, Silver Spring, MD (301) 427–
8469.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2008, we initiated
status reviews of ringed, bearded
(Erignathus barbatus), and spotted seals
(Phoca largha) under the ESA (73 FR
16617). On May 28, 2008, we received
a petition from the Center for Biological
Diversity to list these three species of
seals as threatened or endangered under
the ESA, primarily due to concerns
about threats to their habitat from
climate warming and loss of sea ice. The
Petitioner also requested that critical
habitat be designated for these species
concurrent with listing under the ESA.
In response to the petition, we
published a 90-day finding that the
petition presented substantial scientific
or commercial information indicating
that the petitioned action may be
warranted (73 FR 51615; September 4,
2008). Accordingly, we proceeded with
the status reviews of ringed, bearded,
and spotted seals and solicited
information pertaining to them.
Following completion of a status
review report and 12-month finding for
spotted seals in October 2009 (74 FR
53683, October 20, 2009; see also, 75 FR
65239; October 22, 2010), we
established Biological Review Teams
(BRT) to prepare status review reports
for ringed and bearded seals. The status
review report of the ringed seal is a
peer-reviewed compilation of the best
scientific and commercial data available
concerning the status of the species,
including the past, present, and future
threats to this species. After the status
E:\FR\FM\13DEP1.SGM
13DEP1
srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Proposed Rules
review report was completed by the
BRT (Kelly et al., 2010), on December
10, 2010, we made a 12-month finding
and proposed to list the Arctic (Phoca
hispida hispida), Baltic (Phoca hispida
botnica), Okhotsk (Phoca hispida
ochotensis), and Ladoga (Phoca hispida
ladogensis) subspecies of ringed seals as
threatened (75 FR 77476). We published
our 12-month finding for bearded seals
as a separate notification concurrently
with this finding (75 FR 77496;
December 10, 2010).
The proposed rule announced a 60day comment period to close on
February 8, 2011. On February 8, 2011,
we extended the comment period 45
days to March 25, 2011 (76 FR 6754).
Three public hearings were held in
Alaska in Anchorage, Barrow, and
Nome (76 FR 9733, February 22, 2011;
76 FR 14882, March 18, 2011).
In accordance with our July 1, 1994,
Interagency Cooperative Policy on Peer
Review (59 FR 34270), we requested the
expert opinion of four independent
scientists with expertise in seal biology
and/or Arctic sea ice and climate change
regarding the pertinent scientific data
and assumptions concerning the
biological and ecological information
used in the proposed rule. The purpose
of the review was to ensure that the best
biological and commercial information
was used in the decision-making
process, including input of appropriate
experts and specialists. We received
comments from three of these reviewers.
Two of the reviewers questioned the
magnitude and immediacy of the threats
posed to Arctic ringed seals by the
projected changes in sea ice habitat, in
particular on-ice snow cover. Public
comments raised similar concerns,
including from the State of Alaska;
certain Tribal governments, Alaska
Native organizations, and organizations
representing the Inuit in Canada;
Canada’s Department of Fisheries and
Oceans; and Greenland’s Department of
Fisheries, Hunting, and Agriculture. We
have considered these comments, and
we find that for Arctic ringed seals
substantial disagreement exists
concerning the sufficiency or accuracy
of the analysis of model projections of
future sea ice habitat, in particular onice snow cover, and related impacts.
This disagreement extends to the
magnitude and immediacy of the threats
posed to this population by the
projected habitat changes.
Extension of Final Listing
Determination
The ESA, section 4(b)(6), requires that
we take one of three actions within 1
year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
VerDate Mar<15>2010
16:11 Dec 12, 2011
Jkt 226001
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination, for the
purposes of soliciting additional data.
In consideration of the disagreement
related to the model projections and
analysis of future sea ice habitat, in
particular snow cover, for Arctic ringed
seals, we are extending the timeline for
the final determination by an additional
6 months (until June 10, 2012) to resolve
the disagreement. We believe that the
solicitation of additional data through
special independent peer review of this
aspect of the status review report will
better inform our final determination on
the proposed listing rule and will
address the disagreement. We are
therefore conducting this additional
review in accordance with our Policy on
Peer Review, and we will provide an
opportunity for the public to comment
on the peer review report. The
additional 6 months will allow time for
us to evaluate and assess the special
independent peer review comments and
make the peer review report available
for comment. We do not anticipate that
this additional time will appreciably
impact any of the four subspecies of the
ringed seal we proposed to list as
threatened.
The reopening of the public comment
period will be announced in the Federal
Register when the availability of the
peer review report compiling the special
independent review comments is
known. At that time, instructions for
obtaining a copy of the peer review
report will also be announced.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–31969 Filed 12–12–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
RIN 0648–XA768
Endangered and Threatened Species;
Initiation of Status Review for Ribbon
Seal
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
77467
Atmospheric Administration (NOAA),
Commerce.
ACTION: Initiation of status review and
solicitation of information.
We, NMFS, under the
authority of the Endangered Species Act
of 1973, as amended (ESA), announce
the initiation of a status review for the
ribbon seal (Histriophoca fasciata). We
conduct status reviews to determine
whether the entity should be listed as
threatened or endangered under the
ESA. To ensure that the status review is
comprehensive, we are soliciting
scientific and commercial information
regarding this species (see below).
DATES: Information and comments on
the subject action must be received by
February 13, 2012.
ADDRESSES: Send comments to Kaja
Brix, Assistant Regional Administrator,
Protected Resources Division, Alaska
Region, NMFS, Attn: Ellen Sebastian.
You may submit comments, identified
by FDMS Docket Number NOAA–
NMFS–2011–0248, by any one of the
following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2011–0248 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
Mail: Submit written comments to
P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586–7557.
Hand delivery to the Federal Building:
709 West 9th Street, Room 420A,
Juneau, AK.
Comments must be submitted by one
of the above methods to ensure that the
comments are received, documented,
and considered by NMFS. Comments
sent by any other method, to any other
address or individual, or received after
the end of the comment period, may not
be considered.
All comments received are a part of
the public record and will generally be
posted for public viewing on https://
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information.
NMFS will accept anonymous
comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
SUMMARY:
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Proposed Rules]
[Pages 77466-77467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 101126590-1705-02]
RIN 0648-XZ59
Endangered and Threatened Species; Proposed Threatened Status for
Subspecies of the Ringed Seal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; 6-month extension of the deadline for a final
listing determination.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce a 6-month extension of the deadline for a
final determination regarding the December 10, 2010, proposed rule to
list four subspecies of the ringed seal (Phoca hispida) as threatened
species under the Endangered Species Act of 1973, as amended (ESA). We
are taking this action because there is substantial disagreement
regarding the sufficiency or accuracy of the available data relevant to
the proposed listing rule. An additional 6 months will allow us to
solicit additional data, evaluate and assess special independent peer
review of the aspects of the status review report over which there is
substantial disagreement, and better inform our final determination on
the proposed listing rule.
DATES: We intend to reopen the public comment period to accept comment
on the special independent peer review report when it becomes
available. We will soon announce the dates of the new public comment
period in the Federal Register. The final determination on this listing
action will be made no later than June 10, 2012.
ADDRESSES: The proposed rule, status review report, and other materials
relating to this proposal can be found on the Alaska Region Web site
at: https://alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Tamara Olson, NMFS Alaska Region,
(907) 271-5006; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta
Nammack, Office of Protected Resources, Silver Spring, MD (301) 427-
8469.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 2008, we initiated status reviews of ringed, bearded
(Erignathus barbatus), and spotted seals (Phoca largha) under the ESA
(73 FR 16617). On May 28, 2008, we received a petition from the Center
for Biological Diversity to list these three species of seals as
threatened or endangered under the ESA, primarily due to concerns about
threats to their habitat from climate warming and loss of sea ice. The
Petitioner also requested that critical habitat be designated for these
species concurrent with listing under the ESA. In response to the
petition, we published a 90-day finding that the petition presented
substantial scientific or commercial information indicating that the
petitioned action may be warranted (73 FR 51615; September 4, 2008).
Accordingly, we proceeded with the status reviews of ringed, bearded,
and spotted seals and solicited information pertaining to them.
Following completion of a status review report and 12-month finding
for spotted seals in October 2009 (74 FR 53683, October 20, 2009; see
also, 75 FR 65239; October 22, 2010), we established Biological Review
Teams (BRT) to prepare status review reports for ringed and bearded
seals. The status review report of the ringed seal is a peer-reviewed
compilation of the best scientific and commercial data available
concerning the status of the species, including the past, present, and
future threats to this species. After the status
[[Page 77467]]
review report was completed by the BRT (Kelly et al., 2010), on
December 10, 2010, we made a 12-month finding and proposed to list the
Arctic (Phoca hispida hispida), Baltic (Phoca hispida botnica), Okhotsk
(Phoca hispida ochotensis), and Ladoga (Phoca hispida ladogensis)
subspecies of ringed seals as threatened (75 FR 77476). We published
our 12-month finding for bearded seals as a separate notification
concurrently with this finding (75 FR 77496; December 10, 2010).
The proposed rule announced a 60-day comment period to close on
February 8, 2011. On February 8, 2011, we extended the comment period
45 days to March 25, 2011 (76 FR 6754). Three public hearings were held
in Alaska in Anchorage, Barrow, and Nome (76 FR 9733, February 22,
2011; 76 FR 14882, March 18, 2011).
In accordance with our July 1, 1994, Interagency Cooperative Policy
on Peer Review (59 FR 34270), we requested the expert opinion of four
independent scientists with expertise in seal biology and/or Arctic sea
ice and climate change regarding the pertinent scientific data and
assumptions concerning the biological and ecological information used
in the proposed rule. The purpose of the review was to ensure that the
best biological and commercial information was used in the decision-
making process, including input of appropriate experts and specialists.
We received comments from three of these reviewers.
Two of the reviewers questioned the magnitude and immediacy of the
threats posed to Arctic ringed seals by the projected changes in sea
ice habitat, in particular on-ice snow cover. Public comments raised
similar concerns, including from the State of Alaska; certain Tribal
governments, Alaska Native organizations, and organizations
representing the Inuit in Canada; Canada's Department of Fisheries and
Oceans; and Greenland's Department of Fisheries, Hunting, and
Agriculture. We have considered these comments, and we find that for
Arctic ringed seals substantial disagreement exists concerning the
sufficiency or accuracy of the analysis of model projections of future
sea ice habitat, in particular on-ice snow cover, and related impacts.
This disagreement extends to the magnitude and immediacy of the threats
posed to this population by the projected habitat changes.
Extension of Final Listing Determination
The ESA, section 4(b)(6), requires that we take one of three
actions within 1 year of a proposed listing: (1) Finalize the proposed
listing; (2) withdraw the proposed listing; or (3) extend the final
determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination, for the purposes of soliciting
additional data.
In consideration of the disagreement related to the model
projections and analysis of future sea ice habitat, in particular snow
cover, for Arctic ringed seals, we are extending the timeline for the
final determination by an additional 6 months (until June 10, 2012) to
resolve the disagreement. We believe that the solicitation of
additional data through special independent peer review of this aspect
of the status review report will better inform our final determination
on the proposed listing rule and will address the disagreement. We are
therefore conducting this additional review in accordance with our
Policy on Peer Review, and we will provide an opportunity for the
public to comment on the peer review report. The additional 6 months
will allow time for us to evaluate and assess the special independent
peer review comments and make the peer review report available for
comment. We do not anticipate that this additional time will
appreciably impact any of the four subspecies of the ringed seal we
proposed to list as threatened.
The reopening of the public comment period will be announced in the
Federal Register when the availability of the peer review report
compiling the special independent review comments is known. At that
time, instructions for obtaining a copy of the peer review report will
also be announced.
Authority: 16 U.S.C. 1531 et seq.
Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-31969 Filed 12-12-11; 8:45 am]
BILLING CODE 3510-22-P
