Fisheries of the United States; National Standard 1 Guidelines; Reopening of Public Comment Period, 58086-58087 [2012-23151]

Download as PDF tkelley on DSK3SPTVN1PROD with PROPOSALS 58086 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules Evaluation of the Information in the SCI and EWA Petitions As previously mentioned, SCI requests delisting of the ‘‘U.S. captive populations’’ of the three antelope species based on the assertion that the Service committed ‘‘errors’’ in the interpretation of the best scientific and commercial data available at the time of the 2005 determination to list the scimitar-horned oryx, dama gazelle, and addax as endangered in their entirety. SCI also requests that we ‘‘correct the Endangered Species Act listing of scimitar-horned oryx, dama gazelle, and addax to specify that only the populations in the portion of their range outside of the United States are classified as endangered.’’ EWA requests delisting of the U.S. captivebred populations of the three antelope species on the basis that the Service’s interpretation of the original data for the listings was also in error, and in addition asserts that captive-bred animals of the three species that are held in the United States are recovered. Essentially, both petitioners request separate designation, or legal status, under the Act for captive animals held within the United States from that of members of the same taxonomic species located in the wild or held in captivity elsewhere around the world. The Service completed its listing determination for the three antelope species in 2005. In that rulemaking process, the Service found that a differentiation in the listing status of captive U.S. specimens of these antelopes was not appropriate (70 FR 52319). While the Service does not have an absolute policy or practice with respect to whether it can differentiate the listing status of captive and wild specimens of the same species, we generally have included wild and captive animals together when listing species. Nevertheless, petitioners assert that the treatment by the Service of chimpanzees in 1992 warrants similar treatment now for these antelope species. In that 1992 rulemaking, the Service uplisted chimpanzees in the wild to endangered, while retaining the prior status of threatened for those in captivity. That 1992 action preceded the adoption by the Service and the National Marine Fisheries Service of the Distinct Population Segment (DPS) Policy (61 FR 4722, February 7, 1996) and case law that has developed under the DPS Policy, such as the decision in Alsea Valley v. Evans (161F. Supp. 2d 1154 (D.OR)). Nonetheless, because the Service has no absolute policy or practice as to whether it can differentiate the listing status of wild VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 and captive specimens of the same species, a reasonable person could conclude that the petitioned action may be warranted. www.regulations.gov and upon request from the Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT). Finding We find that the two petitions contain substantial information that the petitioned action may be warranted. It is important to note that the ‘‘substantial information’’ standard for a 90-day finding is in contrast to the Act’s ‘‘best scientific and commercial data’’ standard that applies to a 12-month finding as to whether a petitioned action is warranted. A 90-day finding is not a status assessment of the species and does not constitute a status review under the Act. Our final determination as to whether a petitioned action is warranted is not made until we have completed a thorough status review of the captive antelopes covered by these petitions, which is conducted following a 90-day finding that a petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted (‘‘substantial 90-day finding’’). Because the Act’s standards for 90-day and 12month findings are different, as described above, a substantial 90-day finding does not necessarily mean that the 12-month finding will conclude that the Service has the discretion to treat such specimens differently, or that the petitioned action is warranted. It does, however, mean that the Service will be able to consider this question in more depth and detail. In addition, the Service will be able to consider the question of the appropriate status of U.S. captive members of the three antelope species at the same time as it considers the status of captive chimpanzees in completing a separate 12-month finding on a petition to eliminate the separate ESA classification of captive and wild chimpanzees. The substantial 90-day finding on the chimpanzee petition was published September 1, 2011 (76 FR 54423), and a document to reopen the comment period was published November 1, 2011 (76 FR 67401). With this substantial 90-day finding, we are initiating a rangewide status review of the captive antelopes covered by the petitions, and, once it is completed, we will make a finding on whether delisting the U.S. captive specimens of any of these species is warranted. This finding fulfills any obligation under 16 U.S.C. 1533(b)(3)(A) and the regulations at 50 CFR 424.14(b). The primary authors of this notice are the staff of the Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT). References Cited A complete list of references cited is available on the Internet at http:// PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 Author Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: September 12, 2012. Daniel M. Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2012–23019 Filed 9–18–12; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 120425420–2420–01] RIN 0648–BB92 Fisheries of the United States; National Standard 1 Guidelines; Reopening of Public Comment Period National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking; reopening of public comment period. AGENCY: NMFS is reopening the comment period on the Advance Notice of Proposed Rulemaking (ANPR) published on May 3, 2012, on potential adjustments to the National Standard 1 Guidelines, one of 10 national standards for fishery conservation and management contained in Section 301 of the Magnuson-Stevens Fishery Conservation and Management Act. The current comment period is scheduled to end on September 15, 2012. Because of the importance of NS1 to U.S. fishery management and the complexity of the issues, NMFS feels reopening the comment period will provide for a fuller range of public input on the NS1 Guideline issues. The comment period will close on October 12, 2012. DATES: The comment period for the ANPR was published on May 3, 2012 (77 FR 26238), and closed on September 15, 2012. The comment period will reopen on September 16, 2012, and remain open through October 12, 2012. SUMMARY: E:\FR\FM\19SEP1.SGM 19SEP1 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Proposed Rules You may submit comments on the referenced ANPR, identified by ‘‘NOAA–NMFS–2012–0059’’, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter ‘‘NOAA–NMFS–2012–0059’’ 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. • Fax: 301–713–1193, Attn: Wesley Patrick. • Mail: Wesley Patrick; National Marine Fisheries Service, NOAA; 1315 East-West Highway, Room 13436; Silver Spring, MD 20910. 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 another address or individual, or received after the end of the comment period, may not be considered. All comments received are part of the public record and will tkelley on DSK3SPTVN1PROD with PROPOSALS ADDRESSES: VerDate Mar<15>2010 19:20 Sep 18, 2012 Jkt 226001 generally be posted for public viewing 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: Wesley Patrick, Fisheries Policy Analyst, National Marine Fisheries Service, 301–427–8566. SUPPLEMENTARY INFORMATION: Background On May 3, 2012, NMFS published an ANPR (77 FR 26238) to provide background information and to request public comment on potential adjustments to the National Standard 1 Guidelines. The ANPR provides the public with a formal opportunity to comment on the specific ideas mentioned in the ANPR, as well as any additional ideas and solutions that PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 58087 could improve provisions of the National Standard 1 Guidelines. The comment period on the ANPR was originally scheduled to close on August 1, 2012. NMFS received a request from the Western Pacific Regional Fishery Management Council on behalf of all eight regional councils, to extend the comment period on the ANPR to September 15, 2012. On July 3, 2012, NMFS published a Federal Register notice extending the comment period to September 15, 2012 (77 FR 39459). Because of the importance of NS1 to U.S. fishery management and the complexity of the issues, NMFS feels reopening the comment period will provide for a fuller range of public input on the NS1 Guideline issues. NMFS is reopening the comment period and establishing a comment period end date of October 12, 2012. Authority: 16 U.S.C. 1801 et seq. Dated: September 14, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs. [FR Doc. 2012–23151 Filed 9–14–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\19SEP1.SGM 19SEP1

Agencies

[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58086-58087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 120425420-2420-01]
RIN 0648-BB92


Fisheries of the United States; National Standard 1 Guidelines; 
Reopening of Public Comment Period

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; reopening of public 
comment period.

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SUMMARY: NMFS is reopening the comment period on the Advance Notice of 
Proposed Rulemaking (ANPR) published on May 3, 2012, on potential 
adjustments to the National Standard 1 Guidelines, one of 10 national 
standards for fishery conservation and management contained in Section 
301 of the Magnuson-Stevens Fishery Conservation and Management Act. 
The current comment period is scheduled to end on September 15, 2012. 
Because of the importance of NS1 to U.S. fishery management and the 
complexity of the issues, NMFS feels reopening the comment period will 
provide for a fuller range of public input on the NS1 Guideline issues. 
The comment period will close on October 12, 2012.

DATES: The comment period for the ANPR was published on May 3, 2012 (77 
FR 26238), and closed on September 15, 2012. The comment period will 
reopen on September 16, 2012, and remain open through October 12, 2012.

[[Page 58087]]


ADDRESSES: You may submit comments on the referenced ANPR, identified 
by ``NOAA-NMFS-2012-0059'', by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter ``NOAA-NMFS-2012-0059'' 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.
     Fax: 301-713-1193, Attn: Wesley Patrick.
     Mail: Wesley Patrick; National Marine Fisheries Service, 
NOAA; 1315 East-West Highway, Room 13436; Silver Spring, MD 20910.
    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 another 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are part of the public 
record and will generally be posted for public viewing 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: Wesley Patrick, Fisheries Policy 
Analyst, National Marine Fisheries Service, 301-427-8566.

SUPPLEMENTARY INFORMATION: 

Background

    On May 3, 2012, NMFS published an ANPR (77 FR 26238) to provide 
background information and to request public comment on potential 
adjustments to the National Standard 1 Guidelines. The ANPR provides 
the public with a formal opportunity to comment on the specific ideas 
mentioned in the ANPR, as well as any additional ideas and solutions 
that could improve provisions of the National Standard 1 Guidelines.
    The comment period on the ANPR was originally scheduled to close on 
August 1, 2012. NMFS received a request from the Western Pacific 
Regional Fishery Management Council on behalf of all eight regional 
councils, to extend the comment period on the ANPR to September 15, 
2012. On July 3, 2012, NMFS published a Federal Register notice 
extending the comment period to September 15, 2012 (77 FR 39459). 
Because of the importance of NS1 to U.S. fishery management and the 
complexity of the issues, NMFS feels reopening the comment period will 
provide for a fuller range of public input on the NS1 Guideline issues. 
NMFS is reopening the comment period and establishing a comment period 
end date of October 12, 2012.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 14, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs.
[FR Doc. 2012-23151 Filed 9-14-12; 4:15 pm]
BILLING CODE 3510-22-P