Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for Chorizanthe parryi, 33035-33036 [2017-15126]

Download as PDF Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 29, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–15052 Filed 7–18–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2016–0078; 4500030113] RIN 1018–BB64 Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for Chorizanthe parryi var. fernandina (San Fernando Valley Spineflower) Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the Chorizanthe parryi var. fernandina (San Fernando Valley spineflower), a plant species from southern California, as a threatened species. Along with this announcement to extend the final determination, we are also reopening the comment period on the proposed rule to list the species, for an additional 30 days. We are taking this action to extend the final determination based on substantial disagreement regarding the potential impact of Argentine ant invasion on the pollination ecology of C. parryi var. fernandina and scientific uncertainty related to establishment of C. parryi var. fernandina using introduction of seed into suitable, unoccupied areas. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. We will submit a final listing determination to the Federal Register on or before March 15, 2018. DATES: The comment period for the proposed rule that published September 15, 2016, at 81 FR 63454 is reopened. We will accept comments received or postmarked on or before August 18, 2017. If you comment using the Federal eRulemaking Portal (see ADDRESSES), mstockstill on DSK30JT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 you must submit your comments by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the docket number for this proposed rule, which is FWS–R8– ES–2016–0078. Then click on the Search button. You may submit a comment by clicking on ‘‘Comment Now!’’ Please ensure that you have found the correct rulemaking before submitting your comment. (2) U.S. mail or hand delivery: Public Comments Processing, Attn: Docket No. FWS–R8–ES–2016–0078; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041– 3803. FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Ventura, CA 93003; telephone 805–644–5763; facsimile 805–644–3958. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Background On September 15, 2016, we published a proposed rule (81 FR 63454) to list Chorizanthe parryi var. fernandina as a threatened species under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). That proposal had a 60-day comment period, ending November 14, 2016. For a description of previous Federal actions concerning C. parryi var. fernandina, please refer to the September 15, 2016, proposed listing rule (81 FR 63454). We also solicited and received independent scientific review of the information contained in the proposed rule from peer reviewers with expertise in C. parryi var. fernandina or similar species ecology and identified threats to the species, in accordance with our July 1, 1994, peer review policy (59 FR 34270). Section 4(b)(6) of the Act and its implementing regulations at 50 CFR 424.17(a) require that we take one of three actions within 1 year of a proposed listing: (1) Finalize the proposed rule; (2) withdraw the proposed rule; 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. Since the publication of the September 15, 2016, proposed listing PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 33035 rule (81 FR 63454), there has been substantial disagreement among peer reviewers regarding the potential impact of the invasion of Argentine ants (Linepithema humile) on the pollination ecology of C. parryi var. fernandina, and there is scientific uncertainty related to establishment of C. parryi var. fernandina using introduction of seed into suitable, unoccupied areas. We find that there is substantial scientific uncertainty and disagreement about certain data relevant to our listing determination. Therefore, in consideration of these disagreements, we have determined that a 6-month extension of the final determination for this rulemaking is necessary, and we are hereby extending the final determination for 6 months in order to solicit and consider additional information that will help to clarify these issues and to fully analyze data that are relevant to our final listing determination. With this 6-month extension, we will make a final determination on the proposed rule no later than March 15, 2018. Information Requested We will accept written comments and information during this reopened comment period on our proposed listing for Chorizanthe parryi var. fernandina that was published in the Federal Register on September 15, 2016 (81 FR 63454). We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as accurate as possible and based on the best available scientific and commercial data. In consideration of the scientific disagreements about certain data, we are particularly interested in new information and comments regarding: (1) How Argentine ant invasion may affect the pollination ecology of C. parryi var. fernandina; and (2) The efficacy of seed introduction for long-term establishment into suitable, unoccupied habitat of Chorizanthe or related taxa. If you previously submitted comments or information on the September 15, 2016, proposed rule (81 FR 63454), please do not resubmit them. We have incorporated previously submitted comments into the public record, and we will fully consider them in the preparation of our final determination. Our final determination concerning the proposed listing will take into consideration all written comments and any additional information we receive. You may submit your comments and materials concerning the proposed rule E:\FR\FM\19JYP1.SGM 19JYP1 33036 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via https:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on https://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule at https:// www.regulations.gov at Docket No. FWS–R8–ES–2016–0078. Copies of the proposed rule are also available at https://www.fws.gov/cno/es//. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: June 23, 2017. Gregory Sheehan, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–15126 Filed 7–18–17; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150309236–7563–01] mstockstill on DSK30JT082PROD with PROPOSALS RIN 0648–BE65 Fisheries of the Northeastern United States; Mid-Atlantic Fishery Management Council; Omnibus Acceptable Biological Catch Framework Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: VerDate Sep<11>2014 17:30 Jul 18, 2017 Jkt 241001 This action proposes regulations to implement an Omnibus Framework Adjustment to the MidAtlantic Fishery Management Council acceptable biological catch setting process. This proposed rule is necessary to provide the public with an opportunity to review and comment on the measures recommended by the MidAtlantic Council to the National Marine Fisheries Service for implementation. The intended effect of these measures would help bring stability to quotas while accounting for year-to-year changes in stock size projections, and allow the Mid-Atlantic Council’s Fishery Management Plans to automatically incorporate the best available scientific information when calculating acceptable biological catches. This action also proposes to revise regulatory language to clarify the Mid-Atlantic Council’s acceptable biological catch control rule assessment level designations. DATES: Comments must be received on or before August 18, 2017. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2017–0056, by either of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking portal. Go to www. regulations.gov/#!docketDetail;D= NOAA-NMFS-2017-0056, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to John Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Instructions: 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 by NMFS. All comments received are a 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.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publically accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Copies of the Environmental Assessment and other supporting documents are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The draft Omnibus Framework Adjustment, as SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 submitted by the Council, is also available via the internet at https://www. greateratlantic.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management Specialist, (978) 281–9112. SUPPLEMENTARY INFORMATION: Background The Mid-Atlantic Fishery Management Council (Council) is required to set annual catch limits (ACLs) that do not exceed the acceptable biological catch (ABC) recommendation of its Scientific and Statistical Committee (SSC) to prevent overfishing. ABCs represent an upper limit for the Council to use when setting catch and landing limits. The 2011 ACL Omnibus Amendment implementing rule (76 FR 60606; September 29, 2011), enacted the Council’s risk policy that provides guidance to the SSC on how much overfishing risk the Council will accept when the SSC develops ABC recommendations. The policy also outlines risk tolerance for ensuring stocks under rebuilding plans achieve fishing mortality objectives. The Council’s risk policy for setting ABCs states that for a typical species whose stock size is equal to or greater than a biomass target associated with maximum sustainable yield (BMSY), the acceptable probability of overfishing is 40 percent, i.e., if the fishery catches the ABC then there is a 60-percent probability of not overfishing. If a species is deemed to have an atypical life history, the Council requires at least a 35-percent probability of overfishing (i.e., a 65-percent chance of not overfishing), to create a larger buffer when biomass is at or above BMSY. The SSC determines whether a stock is typical or atypical each time an ABC is recommended. When an overfishing probability is available and considered reliable by the SSC, the applicable tolerance for overfishing risk, as informed by the Council’s risk policy, would be selected to derive the ABC recommendation. For both typical and atypical species, the Council has specified that as stock size biomass or (B) falls below the target (BMSY), then the probability of overfishing decreases, until the probability of overfishing hits zero when the stock is at 10 percent of the target (BMSY). For a stock under a rebuilding plan, the probability of not exceeding the fishing mortality rate (F) within the specified timeframe must be at least 50 percent, unless this probability threshold is modified through a stock rebuilding plan. The fishery management plans (FMPs) managed by the Council all have E:\FR\FM\19JYP1.SGM 19JYP1

Agencies

[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Pages 33035-33036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15126]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2016-0078; 4500030113]
RIN 1018-BB64


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Threatened Status for 
Chorizanthe parryi var. fernandina (San Fernando Valley Spineflower)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the 
Chorizanthe parryi var. fernandina (San Fernando Valley spineflower), a 
plant species from southern California, as a threatened species. Along 
with this announcement to extend the final determination, we are also 
reopening the comment period on the proposed rule to list the species, 
for an additional 30 days. We are taking this action to extend the 
final determination based on substantial disagreement regarding the 
potential impact of Argentine ant invasion on the pollination ecology 
of C. parryi var. fernandina and scientific uncertainty related to 
establishment of C. parryi var. fernandina using introduction of seed 
into suitable, unoccupied areas. Comments previously submitted need not 
be resubmitted as they are already incorporated into the public record 
and will be fully considered in the final rule. We will submit a final 
listing determination to the Federal Register on or before March 15, 
2018.

DATES: The comment period for the proposed rule that published 
September 15, 2016, at 81 FR 63454 is reopened. We will accept comments 
received or postmarked on or before August 18, 2017. If you comment 
using the Federal eRulemaking Portal (see ADDRESSES), you must submit 
your comments by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov. In the 
Search box, enter the docket number for this proposed rule, which is 
FWS-R8-ES-2016-0078. Then click on the Search button. You may submit a 
comment by clicking on ``Comment Now!'' Please ensure that you have 
found the correct rulemaking before submitting your comment.
    (2) U.S. mail or hand delivery: Public Comments Processing, Attn: 
Docket No. FWS-R8-ES-2016-0078; U.S. Fish and Wildlife Service, MS: 
BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, 
U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 
Portola Road, Ventura, CA 93003; telephone 805-644-5763; facsimile 805-
644-3958. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On September 15, 2016, we published a proposed rule (81 FR 63454) 
to list Chorizanthe parryi var. fernandina as a threatened species 
under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 
1531 et seq.). That proposal had a 60-day comment period, ending 
November 14, 2016. For a description of previous Federal actions 
concerning C. parryi var. fernandina, please refer to the September 15, 
2016, proposed listing rule (81 FR 63454). We also solicited and 
received independent scientific review of the information contained in 
the proposed rule from peer reviewers with expertise in C. parryi var. 
fernandina or similar species ecology and identified threats to the 
species, in accordance with our July 1, 1994, peer review policy (59 FR 
34270).
    Section 4(b)(6) of the Act and its implementing regulations at 50 
CFR 424.17(a) require that we take one of three actions within 1 year 
of a proposed listing: (1) Finalize the proposed rule; (2) withdraw the 
proposed rule; 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.
    Since the publication of the September 15, 2016, proposed listing 
rule (81 FR 63454), there has been substantial disagreement among peer 
reviewers regarding the potential impact of the invasion of Argentine 
ants (Linepithema humile) on the pollination ecology of C. parryi var. 
fernandina, and there is scientific uncertainty related to 
establishment of C. parryi var. fernandina using introduction of seed 
into suitable, unoccupied areas.
    We find that there is substantial scientific uncertainty and 
disagreement about certain data relevant to our listing determination. 
Therefore, in consideration of these disagreements, we have determined 
that a 6-month extension of the final determination for this rulemaking 
is necessary, and we are hereby extending the final determination for 6 
months in order to solicit and consider additional information that 
will help to clarify these issues and to fully analyze data that are 
relevant to our final listing determination. With this 6-month 
extension, we will make a final determination on the proposed rule no 
later than March 15, 2018.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing for Chorizanthe parryi 
var. fernandina that was published in the Federal Register on September 
15, 2016 (81 FR 63454). We will consider information and 
recommendations from all interested parties. We intend that any final 
action resulting from the proposal be as accurate as possible and based 
on the best available scientific and commercial data.
    In consideration of the scientific disagreements about certain 
data, we are particularly interested in new information and comments 
regarding:
    (1) How Argentine ant invasion may affect the pollination ecology 
of C. parryi var. fernandina; and
    (2) The efficacy of seed introduction for long-term establishment 
into suitable, unoccupied habitat of Chorizanthe or related taxa.
    If you previously submitted comments or information on the 
September 15, 2016, proposed rule (81 FR 63454), please do not resubmit 
them. We have incorporated previously submitted comments into the 
public record, and we will fully consider them in the preparation of 
our final determination. Our final determination concerning the 
proposed listing will take into consideration all written comments and 
any additional information we receive.
    You may submit your comments and materials concerning the proposed 
rule

[[Page 33036]]

by one of the methods listed in ADDRESSES. We request that you send 
comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). 
You may obtain copies of the proposed rule at https://www.regulations.gov at Docket No. FWS-R8-ES-2016-0078. Copies of the 
proposed rule are also available at https://www.fws.gov/cno/es//.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: June 23, 2017.
Gregory Sheehan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-15126 Filed 7-18-17; 8:45 am]
 BILLING CODE 4333-15-P
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