Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act; Correction, 43803-43804 [2012-18295]
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Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Proposed Rules
sroberts on DSK5SPTVN1PROD with PROPOSALS
result of impaired water quality due to
possible increased aluminum levels and
siltation.
Regarding factors B (overutilization
for commercial, recreational, scientific,
or educational purposes), C (disease or
predation), and D (the inadequacy of
existing regulatory mechanisms), the
petition did not provide any
information that these factors may
threaten the Gila mayfly. Regarding
factor E (other natural or manmade
factors affecting its continued
existence), the petition suggests that
climate change and the Gila mayfly’s
small population size threaten its
continued existence. We will further
evaluate these factors, along with any
other potential factors, during our status
review and will report our findings in
the subsequent 12-month finding.
Finding
Because habitat degradation, such as
possible increased aluminum levels and
documented substrate siltation and
turbidity, may have occurred in the East
Fork of the Gila River where the
majority of individuals were once
found, we find that the petition presents
substantial information indicating that
the petitioned action may be warranted.
The petition states that aluminum is
toxic to aquatic insects and cite several
papers in support of this (Tabak and
Gibbs 1991, pp. 157–166; Regerand et
al. 2005, pp. 192–198; Kegley et al.
2009, p. 1). Also, the petition cites a
report by Jacobi (2000), which states
that silt constituted nearly 75 percent of
the substrate in known Gila mayfly
locations. Because the Gila mayfly uses
crevices and other small spaces in the
substrate, siltation may result in the
filling in of these crevices and,
therefore, result in less habitat
availability. Additionally, information
in the petition and readily available in
our files indicates that the Gila mayfly
has not been observed or collected in
the last 50 years. Between 1987 and
1999, 12 surveys were conducted at the
known Gila mayfly locations, but no
Gila mayflies were found despite
targeted collection of mayflies. Given
that the species has not been verified in
the wild since 1967 despite multiple
surveys, it is possible that the Gila
mayfly may be extinct or that the survey
efforts were not adequate enough to
detect any remaining individuals.
Hence, the information presented by the
petition and readily available in our
files contains evidence sufficient to
suggest that these stresssors may be
operative threats that act on the species
to the point that the species may meet
the definition of endangered or
threatened under the Act. Therefore, on
VerDate Mar<15>2010
16:22 Jul 25, 2012
Jkt 226001
the basis of our determination under
section 4(b)(3)(A) of the Act, we
determine that the petition presents
substantial scientific or commercial
information indicating that listing the
Gila mayfly throughout its entire range
may be warranted as a result of
impaired water quality due to possible
increased aluminum levels and
siltation.
This finding was made primarily
based on information provided under
factor A, and we will evaluate all
information under the five factors
during the status review under section
4(b)(3)(B) of the Act. We will fully
evaluate these potential threats during
our status review, pursuant to the Act’s
requirement to review the best available
scientific information when making our
12-month finding. Accordingly, we
encourage the public to consider and
submit information related to these and
any other threats that may be operating
on the Gila mayfly (see ‘‘Request for
Information’’).
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the New Mexico Ecological
Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this notice are
the staff members of the New Mexico
Ecological Services Field Office.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 16, 2012.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012–18200 Filed 7–25–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 070719377–2189–01]
RIN 0648–AV81
Confidentiality of Information;
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00081
Fmt 4702
Sfmt 4702
43803
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, extension of
public comment period and correction.
The National Marine
Fisheries Service (NMFS) is further
extending the date by which public
comments are due concerning proposed
regulations to revise existing regulations
governing the confidentiality of
information submitted in compliance
with any requirement or regulation
under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act or MSA). NMFS
published the proposed rule on May 23,
2012 and announced that the public
comment period would end on June 22,
2012. NMFS published a revision on
June 13, 2012, extending the comment
period to August 21, 2012. With this
notice, NMFS is extending the comment
period to October 21, 2012.
Additionally, this action corrects
Release of confidential information, in
which the paragraphs were incorrectly
numbered.
DATES: The deadline for receipt of
comments on the proposed rule
published on May 23, 2012 (77 FR
30486), and revised on June 13, 2012 (77
FR 35349), is extended to October 21,
2012.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2012–
0030, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0030 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
Karl Moline, NMFS, Fisheries Statistics
Division F/ST1, Room 12441, 1315 East
West Highway, Silver Spring, MD
20910.
• Fax (301) 713–1875; Attn: Karl
Moline
Instructions: 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
SUMMARY:
E:\FR\FM\26JYP1.SGM
26JYP1
43804
Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Proposed Rules
on 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
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Karl
Moline at 301–427–8225.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2012, NMFS published a
proposed rule at 77 FR 30486 that
would revise existing regulations on the
handling of information required to be
maintained as confidential under the
Magnuson-Stevens Act. The purposes of
the proposed rule is to make both
substantive and non-substantive
changes necessary to comply with the
MSA as amended by the 2006
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act (MSRA) and the
1996 Sustainable Fisheries Act (SFA). In
addition, the rule proposes to address
some significant issues that concern
NMFS’ application of the MSA
confidentiality provision to requests for
information.
NMFS received several requests from
fishery management councils and
representatives of fishing and
environmental organizations to extend
the comment period on the proposed
rule in order to allow the councils and
other organizations to review the
proposed rule and solicit feedback from
their members. NMFS published a
revision on June 13, 2012 (77 FR 35349),
extending the comment period to
August 21, 2012.
NMFS has received requests to extend
the comment period beyond August 21,
2012, in order to allow councils
additional time to prepare comments.
We have considered these requests and
conclude that an additional 60-day
extension is appropriate.
sroberts on DSK5SPTVN1PROD with PROPOSALS
Need for Correction
Paragraph designations errors appear
in the proposed rule published on May
23, 2012 (77 FR 30486), beginning on
page 30495, in the third column which
will likely confuse the public if not
corrected. Through this action, NMFS
corrects and republishes § 600.425 as
follows:
VerDate Mar<15>2010
16:22 Jul 25, 2012
Jkt 226001
§ 600.425 Release of confidential
information.
(a) NMFS will not disclose to the
public any confidential information
except when:
(1) Authorized by an FMP or
regulations under the authority of the
North Pacific Council to allow
disclosure of observer information to the
public of weekly summary bycatch
information identified by vessel or for
haul-specific bycatch information
without vessel identification.
(2) Observer information is necessary
in proceedings to adjudicate observer
certifications.
(3) Confidential information is
required to be submitted to the
Secretary for any determination under a
limited access program. This exception
applies to confidential information that
NMFS has used, or intends to use, for
a regulatory determination under a
limited access program. For the
purposes of this exception:
(i) Limited Access Program means a
program that allocates privileges, such
as a portion of the total allowable catch,
an amount of fishing effort, or a specific
fishing area, to a person.
(ii) Determination means a grant,
denial, or revocation of privileges;
approval or denial of a transfer of
privileges; or other similar regulatory
determinations by NMFS applicable to a
person.
(4) Required to comply with a federal
court order. For purposes of this
exception:
(i) Court means an institution of the
judicial branch of the U.S. Federal
government consisting of one or more
judges who seek to adjudicate disputes
and administer justice. Entities not in
the judicial branch of the Federal
government are not courts for purposes
of this section.
(ii) Court order means any legal
process which satisfies all of the
following conditions:
(A) It is issued under the authority of
a Federal court;
(B) A judge or magistrate judge of that
court signs it; and
(C) It commands NMFS to disclose
confidential information as defined
under § 600.10.
(5) Necessary for enforcement of the
Magnuson-Stevens Act, or any other
statute administered by NOAA; or when
necessary for enforcement of any State
living marine resource laws, if that State
has a Joint Enforcement Agreement that
is in effect.
(6) The Secretary has obtained written
authorization from the person
submitting such information to release it
to persons for reasons not otherwise
provided for in Magnuson-Stevens Act
PO 00000
Frm 00082
Fmt 4702
Sfmt 9990
subsection 402(b) and such release does
not violate other requirements of the
Act. NMFS will apply this exception as
follows:
(i) When a permit-holder is required
to submit information in compliance
with requirements of the Act, the
permit-holder or designee may execute
the written authorization for release of
that information. Otherwise, the person
who is required to submit the
information and is identified in that
information as the submitter may
execute the written authorization for
that information.
(ii) For observer information, a
permit-holder may execute a written
authorization for release of observed
catch, bycatch, incidental take data,
economic data, recorded biological
sample data, and other information
collected for scientific and management
purposes by an observer while carried
aboard the permit-holder’s vessel.
(iii) A permit-holder or designee or
other person described under paragraph
(a)(6)(i) of this section must provide a
written statement authorizing the
release of the information and
specifying the person(s) to whom the
information should be released.
(iv) A permit-holder or designee or
other person described under paragraph
(a)(6)(i) of this section must prove
identity by a statement of identity
consistent with 28 U.S.C. 1746, which
permits statements to be made under
penalty of perjury as a substitute for
notarization. The statement of identity
must be in the following form:
(A) If executed outside the United
States: ‘‘I declare (or certify, verify, or
state) under penalty of perjury under the
laws of the United States of America
that the foregoing is true and correct.
Executed on (date). (Signature)’’.
(B) If executed within the United
States, its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature)’’.
(v) The Secretary must determine that
a release under paragraph (a)(6) of this
section does not violate other
requirements of the Magnuson-Stevens
Act and other applicable laws.
(b) [Reserved]
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
Dated: July 20, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–18295 Filed 7–25–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\26JYP1.SGM
26JYP1
]]>Agencies
[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Proposed Rules]
[Pages 43803-43804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18295]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 070719377-2189-01]
RIN 0648-AV81
Confidentiality of Information; Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, extension of public comment period and
correction.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) is further
extending the date by which public comments are due concerning proposed
regulations to revise existing regulations governing the
confidentiality of information submitted in compliance with any
requirement or regulation under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act or MSA). NMFS
published the proposed rule on May 23, 2012 and announced that the
public comment period would end on June 22, 2012. NMFS published a
revision on June 13, 2012, extending the comment period to August 21,
2012. With this notice, NMFS is extending the comment period to October
21, 2012. Additionally, this action corrects Release of confidential
information, in which the paragraphs were incorrectly numbered.
DATES: The deadline for receipt of comments on the proposed rule
published on May 23, 2012 (77 FR 30486), and revised on June 13, 2012
(77 FR 35349), is extended to October 21, 2012.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2012-0030, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0030 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 Karl Moline, NMFS,
Fisheries Statistics Division F/ST1, Room 12441, 1315 East West
Highway, Silver Spring, MD 20910.
Fax (301) 713-1875; Attn: Karl Moline
Instructions: 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
[[Page 43804]]
on 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 anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Karl Moline at 301-427-8225.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2012, NMFS published a proposed rule at 77 FR 30486 that
would revise existing regulations on the handling of information
required to be maintained as confidential under the Magnuson-Stevens
Act. The purposes of the proposed rule is to make both substantive and
non-substantive changes necessary to comply with the MSA as amended by
the 2006 Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act (MSRA) and the 1996 Sustainable Fisheries Act
(SFA). In addition, the rule proposes to address some significant
issues that concern NMFS' application of the MSA confidentiality
provision to requests for information.
NMFS received several requests from fishery management councils and
representatives of fishing and environmental organizations to extend
the comment period on the proposed rule in order to allow the councils
and other organizations to review the proposed rule and solicit
feedback from their members. NMFS published a revision on June 13, 2012
(77 FR 35349), extending the comment period to August 21, 2012.
NMFS has received requests to extend the comment period beyond
August 21, 2012, in order to allow councils additional time to prepare
comments. We have considered these requests and conclude that an
additional 60-day extension is appropriate.
Need for Correction
Paragraph designations errors appear in the proposed rule published
on May 23, 2012 (77 FR 30486), beginning on page 30495, in the third
column which will likely confuse the public if not corrected. Through
this action, NMFS corrects and republishes Sec. 600.425 as follows:
Sec. 600.425 Release of confidential information.
(a) NMFS will not disclose to the public any confidential
information except when:
(1) Authorized by an FMP or regulations under the authority of the
North Pacific Council to allow disclosure of observer information to
the public of weekly summary bycatch information identified by vessel
or for haul-specific bycatch information without vessel identification.
(2) Observer information is necessary in proceedings to adjudicate
observer certifications.
(3) Confidential information is required to be submitted to the
Secretary for any determination under a limited access program. This
exception applies to confidential information that NMFS has used, or
intends to use, for a regulatory determination under a limited access
program. For the purposes of this exception:
(i) Limited Access Program means a program that allocates
privileges, such as a portion of the total allowable catch, an amount
of fishing effort, or a specific fishing area, to a person.
(ii) Determination means a grant, denial, or revocation of
privileges; approval or denial of a transfer of privileges; or other
similar regulatory determinations by NMFS applicable to a person.
(4) Required to comply with a federal court order. For purposes of
this exception:
(i) Court means an institution of the judicial branch of the U.S.
Federal government consisting of one or more judges who seek to
adjudicate disputes and administer justice. Entities not in the
judicial branch of the Federal government are not courts for purposes
of this section.
(ii) Court order means any legal process which satisfies all of the
following conditions:
(A) It is issued under the authority of a Federal court;
(B) A judge or magistrate judge of that court signs it; and
(C) It commands NMFS to disclose confidential information as
defined under Sec. 600.10.
(5) Necessary for enforcement of the Magnuson-Stevens Act, or any
other statute administered by NOAA; or when necessary for enforcement
of any State living marine resource laws, if that State has a Joint
Enforcement Agreement that is in effect.
(6) The Secretary has obtained written authorization from the
person submitting such information to release it to persons for reasons
not otherwise provided for in Magnuson-Stevens Act subsection 402(b)
and such release does not violate other requirements of the Act. NMFS
will apply this exception as follows:
(i) When a permit-holder is required to submit information in
compliance with requirements of the Act, the permit-holder or designee
may execute the written authorization for release of that information.
Otherwise, the person who is required to submit the information and is
identified in that information as the submitter may execute the written
authorization for that information.
(ii) For observer information, a permit-holder may execute a
written authorization for release of observed catch, bycatch,
incidental take data, economic data, recorded biological sample data,
and other information collected for scientific and management purposes
by an observer while carried aboard the permit-holder's vessel.
(iii) A permit-holder or designee or other person described under
paragraph (a)(6)(i) of this section must provide a written statement
authorizing the release of the information and specifying the person(s)
to whom the information should be released.
(iv) A permit-holder or designee or other person described under
paragraph (a)(6)(i) of this section must prove identity by a statement
of identity consistent with 28 U.S.C. 1746, which permits statements to
be made under penalty of perjury as a substitute for notarization. The
statement of identity must be in the following form:
(A) If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature)''.
(B) If executed within the United States, its territories,
possessions, or commonwealths: ``I declare (or certify, verify, or
state) under penalty of perjury that the foregoing is true and correct.
Executed on (date). (Signature)''.
(v) The Secretary must determine that a release under paragraph
(a)(6) of this section does not violate other requirements of the
Magnuson-Stevens Act and other applicable laws.
(b) [Reserved]
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Dated: July 20, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-18295 Filed 7-25-12; 8:45 am]
BILLING CODE 3510-22-P
