81_FR_70591 81 FR 70394 - Endangered and Threatened Species; Notice of Initiation of a 5-Year Review and Notice of Intent To Draft the Recovery Plan for the Distinct Population Segment of North Pacific Ocean Loggerhead Sea Turtle (Caretta caretta)

81 FR 70394 - Endangered and Threatened Species; Notice of Initiation of a 5-Year Review and Notice of Intent To Draft the Recovery Plan for the Distinct Population Segment of North Pacific Ocean Loggerhead Sea Turtle (Caretta caretta)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70394-70395
FR Document2016-24676

NMFS and USFWS announce the initiation of a 5-year review for the distinct population segment (DPS) of North Pacific Ocean loggerhead sea turtle (hereafter referred to as `North Pacific loggerhead') and our intent to draft the North Pacific loggerhead recovery plan. A 5- year review is a periodic assessment conducted to ensure that the listed species has the appropriate level of protection under the Endangered Species Act of 1973, as amended (ESA). Recovery plans are guides to rebuild and ensure the long-term viability of protected species in the wild. Each document is based on the best scientific and commercial data available at the time of the review/update. Therefore, we are requesting submission of any information on the status of the North Pacific loggerhead that has become available since the 2011 listing.

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70394-70395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24676]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX37


Endangered and Threatened Species; Notice of Initiation of a 5-
Year Review and Notice of Intent To Draft the Recovery Plan for the 
Distinct Population Segment of North Pacific Ocean Loggerhead Sea 
Turtle (Caretta caretta)

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

ACTION: Notice of initiation of a 5-year review and notice of intent to 
draft a recovery plan; request for information.

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SUMMARY: NMFS and USFWS announce the initiation of a 5-year review for 
the distinct population segment (DPS) of North Pacific Ocean loggerhead 
sea turtle (hereafter referred to as `North Pacific loggerhead') and 
our intent to draft the North Pacific loggerhead recovery plan. A 5-
year review is a periodic assessment conducted to ensure that the 
listed species has the appropriate level of protection under the 
Endangered Species Act of 1973, as amended (ESA). Recovery plans are 
guides to rebuild and ensure the long-term viability of protected 
species in the wild. Each document is based on the best scientific and 
commercial data available at the time of the review/update. Therefore, 
we are requesting submission of any information on the status of the 
North Pacific loggerhead that has become available since the 2011 
listing.

DATES: Information related to this notice must be received by close of 
business on December 12, 2016.

ADDRESSES: Submit your comments identified by NOAA-NMFS-2016-0134, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=[NOAA-NMFS-2016-0134], click the ``Comment Now!'' 
icon, complete the required fields and enter or attach your comments.
     Mail: Submit written comments to Alexis Gutierrez, 
National Marine

[[Page 70395]]

Fisheries Service, Office of Protected Resources, Marine Mammal and Sea 
Turtle Conservation Division, 1315 East West Highway, Silver Spring, MD 
20910.
    Instructions: NMFS, may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the end of the comment period. All comments received are a part of the 
public record and NMFS will generally post 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 is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Alexis Gutierrez, Office of Protected 
Resources, phone, 301-427-8441, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Loggerhead sea turtles (Caretta caretta) were globally listed as 
threatened under the ESA (16 U.S.C. 1531 et seq.) in 1978. A Recovery 
Plan for the U.S. Pacific population of Loggerhead Sea Turtles was 
published in 1998. In 2007, the 5-year review of the loggerhead sea 
turtle recommended the application of the DPS policy (61 FR 4722; 
February 7, 1996). On July 16, 2007, NMFS and USFWS received a petition 
from the Center for Biological Diversity and Turtle Island Restoration 
Network requesting that loggerhead turtles in the North Pacific Ocean 
be reclassified as a DPS with endangered status and that critical 
habitat be designated. On November 16, 2007, NMFS and USFWS received a 
petition from the Center for Biological Diversity and Oceana requesting 
that loggerhead turtles in the Northwest Atlantic Ocean be reclassified 
as a DPS with endangered status and that critical habitat be 
designated. NMFS and USFWS determined that the July 16, 2007, North 
Pacific petition and the November 16, 2007, Northwest Atlantic petition 
both presented substantial information that the petitioned actions may 
be warranted. The 2009 Status Review identified nine DPSs. In 2011, we 
published a final rule (76 FR 58868; September 22, 2011) determining 
nine DPSs for loggerhead sea turtles.
    Upon listing a species, section 4(f)(1) of the ESA requires the 
preparation and implementation of a recovery plan and revision to those 
plans as necessary. The plan must contain: (1) Objective, measurable 
criteria which, when met, would result in a determination that the 
species is no longer threatened or endangered; (2) site-specific 
management actions necessary to achieve the plan's goals; and (3) 
estimates of the time required and costs to implement recovery actions. 
Recovery plans describe actions beneficial to the conservation and 
recovery of species listed under the ESA, as amended (16 U.S.C. 1531 et 
seq.). The ESA requires the development of recovery plans for each 
listed species unless such a plan would not promote the conservation of 
the species. This new recovery plan will focus solely on the North 
Pacific loggerhead DPS.
    In addition, the ESA requires that we conduct a review of listed 
species at least once every five years. This will be the first 5-year 
review for the North Pacific loggerhead since the 2011 listing as 
endangered. On the basis of such reviews under section 4(c)(2)(B), we 
determine whether any species should be removed from the list (i.e., 
delisted) or reclassified from endangered to threatened or from 
threatened to endangered (16 U.S.C. 1533(c)(2)(B)). Delisting a species 
must be supported by the best scientific and commercial data available 
and only considered if such data substantiate that the species is 
neither endangered nor threatened for one or more of the following 
reasons: (1) The species is considered extinct; (2) the species is 
considered to be recovered; and/or (3) the original data available when 
the species was listed, or the interpretation of such data, were in 
error. Any change in Federal classification would require a separate 
rulemaking process. The regulations in 50 CFR 424.21 require that we 
publish a notice in the Federal Register announcing those species 
currently under active review. This notice announces our active review 
of the North Pacific loggerhead currently listed as endangered (76 FR 
58868; September 22, 2011), as well as our intent to prepare a recovery 
plan.
    Background information on the North Pacific loggerhead including 
the endangered listing is available on the NMFS Office of Protected 
Species Web site at: http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.html.

Public Solicitation of New Information

    To ensure that the 5-year review and recovery plan are complete and 
based on the best available scientific and commercial information, we 
are soliciting new information from the public, governmental agencies, 
Tribes, the scientific community, industry, environmental entities, and 
any other interested parties concerning the status of the North Pacific 
loggerhead. The 5-year review and recovery plan will consider the best 
scientific and commercial data and all new information that has become 
available since the listing determination. Categories of requested 
information include: (1) Species biology including, but not limited to, 
population trends, distribution, abundance, demographics, and genetics; 
(2) habitat conditions including, but not limited to, amount, 
distribution, and important features for conservation; (3) status and 
trends of threats to the species and its habitats; (4) conservation 
measures that have been implemented that benefit the species, including 
monitoring data demonstrating effectiveness of such measures; (5) need 
for additional conservation measures; and (6) other new information, 
data, or corrections including, but not limited to, taxonomic or 
nomenclature changes, identification of erroneous information contained 
in the list of endangered and threatened species, and improved 
analytical methods for evaluating extinction risk.
    If you wish to provide information for this 5-year review and/or 
the recovery plan, you may submit your information and materials 
electronically or via mail (see ADDRESSES section). We request that all 
information be accompanied by supporting documentation such as maps, 
bibliographic references, or reprints of pertinent publications. We 
also would appreciate the submitter's name, address, and any 
association, institution, or business that the person represents; 
however, anonymous submissions will also be accepted.
    Upon completion, the draft recovery plan will be available for 
public review and comment through the publication of Federal Register 
notice.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: October 6, 2016.
Daniel Bess,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-24676 Filed 10-11-16; 8:45 am]
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                                                  70394                     Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices

                                                  DEPARTMENT OF COMMERCE                                  the past eight years and how to                       Martinez at 301–975–2661 or visit:
                                                                                                          prioritize NIST’s research in the future.             http://nist.gov/public_affairs/visitor/.
                                                  National Institute of Standards and                     The agenda will also include
                                                  Technology                                                                                                    Kent Rochford,
                                                                                                          discussions on the adequacy of NIST’s
                                                                                                                                                                Associate Director for Laboratory Programs.
                                                                                                          research facilities and the importance of
                                                  Visiting Committee on Advanced                          a collaborative research environment.                 [FR Doc. 2016–24543 Filed 10–11–16; 8:45 am]
                                                  Technology                                              The agenda may change to                              BILLING CODE 3510–13–P

                                                  AGENCY:  National Institute of Standards                accommodate Committee business. The
                                                  and Technology, Department of                           final agenda will be posted on the NIST
                                                                                                                                                                DEPARTMENT OF COMMERCE
                                                  Commerce.                                               Web site at http://www.nist.gov/
                                                  ACTION: Notice of public meeting;                       director/vcat/agenda.cfm.                             National Oceanic and Atmospheric
                                                  correction.                                                Individuals and representatives of                 Administration
                                                                                                          organizations who would like to offer                 RIN 0648–XX37
                                                  SUMMARY:   The National Institute of
                                                                                                          comments and suggestions related to the
                                                  Standards and Technology (NIST)
                                                                                                          Committee’s affairs are invited to                    Endangered and Threatened Species;
                                                  originally published a document
                                                                                                          request a place on the agenda.                        Notice of Initiation of a 5-Year Review
                                                  announcing an upcoming meeting of the
                                                  Visiting Committee on Advanced                             On Tuesday, October 18,                            and Notice of Intent To Draft the
                                                  Technology (VCAT or Committee) on                       approximately one-half hour in the                    Recovery Plan for the Distinct
                                                  August 23, 2016 (81 FR 57563). The                      afternoon will be reserved for public                 Population Segment of North Pacific
                                                  meeting date and times have been                        comments and speaking times will be                   Ocean Loggerhead Sea Turtle (Caretta
                                                  updated. The VCAT will now meet in                      assigned on a first-come, first-serve                 caretta)
                                                  an open session on Tuesday, October                     basis. The amount of time per speaker                 AGENCY:  National Marine Fisheries
                                                  18, 2016 from 8:30 a.m. to 6:00 p.m.                    will be determined by the number of                   Service (NMFS), National Oceanic and
                                                  Mountain Time. The VCAT is composed                     requests received, but is likely to be                Atmospheric Administration (NOAA),
                                                  of fifteen members appointed by the                     about 3 minutes each. The exact time for              Commerce, and Fish and Wildlife
                                                  NIST Director who are eminent in such                   public comments will be included in                   Service (USFWS), Interior.
                                                  fields as business, research, new                       the final agenda that will be posted on               ACTION: Notice of initiation of a 5-year
                                                  product development, engineering,                       the NIST Web site at http://                          review and notice of intent to draft a
                                                  labor, education, management                            www.nist.gov/director/vcat/agenda.cfm.                recovery plan; request for information.
                                                  consulting, environment, and                            Questions from the public will not be
                                                  international relations.                                considered during this period. Speakers               SUMMARY:    NMFS and USFWS announce
                                                  DATES: The VCAT will meet on                            who wish to expand upon their oral                    the initiation of a 5-year review for the
                                                  Tuesday, October 18, 2016 from 8:30                     statements, those who had wished to                   distinct population segment (DPS) of
                                                  a.m. to 6:00 p.m. Mountain Time.                        speak but could not be accommodated                   North Pacific Ocean loggerhead sea
                                                  ADDRESSES: The meeting will be held in                  on the agenda, and those who were                     turtle (hereafter referred to as ‘North
                                                  the Katharine Blodgett Gebbie                           unable to attend in person are invited to             Pacific loggerhead’) and our intent to
                                                  Laboratory Conference Room, Room 81–                    submit written statements to VCAT,                    draft the North Pacific loggerhead
                                                  1A106, at NIST, 325 Broadway Street,                    NIST, 100 Bureau Drive, MS 1060,                      recovery plan. A 5-year review is a
                                                  Boulder, Colorado 80305. Please note                    Gaithersburg, Maryland 20899, via fax at              periodic assessment conducted to
                                                  admittance instructions under the                       301–216–0529 or electronically by email               ensure that the listed species has the
                                                  SUPPLEMENTARY INFORMATION section of                    to stephanie.shaw@nist.gov.                           appropriate level of protection under
                                                  this notice.                                                                                                  the Endangered Species Act of 1973, as
                                                                                                             All visitors to the NIST site are                  amended (ESA). Recovery plans are
                                                  FOR FURTHER INFORMATION CONTACT:                        required to pre-register to be admitted.              guides to rebuild and ensure the long-
                                                  Serena Martinez, VCAT, NIST, 100                        Please submit your name, time of                      term viability of protected species in the
                                                  Bureau Drive, Mail Stop 1060,                           arrival, email address and phone                      wild. Each document is based on the
                                                  Gaithersburg, Maryland 20899–1060,                      number to Serena Martinez by 5:00 p.m.                best scientific and commercial data
                                                  telephone number 301–975–2661. Mrs.                     Eastern Time, Tuesday, October 11,                    available at the time of the review/
                                                  Martinez’s email address is                             2016. Non-U.S. citizens must submit                   update. Therefore, we are requesting
                                                  serena.martinez@nist.gov.                               additional information; please contact                submission of any information on the
                                                  SUPPLEMENTARY INFORMATION:                              Mrs. Martinez. Mrs. Martinez’s email                  status of the North Pacific loggerhead
                                                    Authority: 15 U.S.C. 278 and the Federal              address is serena.martinez@nist.gov and               that has become available since the 2011
                                                  Advisory Committee Act, as amended, 5                   her phone number is 301–975–2661. For                 listing.
                                                  U.S.C. App.                                             participants attending in person, please              DATES: Information related to this notice
                                                     The purpose of this meeting is for the               note that federal agencies, including                 must be received by close of business on
                                                  VCAT to review and make                                 NIST, can only accept a state-issued                  December 12, 2016.
                                                  recommendations regarding general                       driver’s license or identification card for           ADDRESSES: Submit your comments
                                                  policy for NIST, its organization, its                  access to federal facilities if such license          identified by NOAA–NMFS–2016–0134,
                                                  budget, and its programs within the                     or identification card is issued by a state           by either of the following methods:
                                                  framework of applicable national                        that is compliant with the REAL ID Act                   • Federal e-Rulemaking Portal: Go to
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                                                  policies as set forth by the President and              of 2005 (P.L. 109–13), or by a state that             www.regulations.gov/#!docketDetail;D=
                                                  the Congress. The agenda will include                   has an extension for REAL ID                          [NOAA-NMFS-2016-0134], click the
                                                  an update on major NIST programs and                    compliance. NIST currently accepts                    ‘‘Comment Now!’’ icon, complete the
                                                  a presentation reviewing safety trends at               other forms of federal-issued                         required fields and enter or attach your
                                                  NIST. There will be presentations and                   identification in lieu of a state-issued              comments.
                                                  discussion about the evolution of NIST’s                driver’s license. For detailed                           • Mail: Submit written comments to
                                                  research and development agenda over                    information please contact Mrs.                       Alexis Gutierrez, National Marine


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                                                                            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                70395

                                                  Fisheries Service, Office of Protected                  plan must contain: (1) Objective,                     the scientific community, industry,
                                                  Resources, Marine Mammal and Sea                        measurable criteria which, when met,                  environmental entities, and any other
                                                  Turtle Conservation Division, 1315 East                 would result in a determination that the              interested parties concerning the status
                                                  West Highway, Silver Spring, MD                         species is no longer threatened or                    of the North Pacific loggerhead. The 5-
                                                  20910.                                                  endangered; (2) site-specific                         year review and recovery plan will
                                                    Instructions: NMFS, may not consider                  management actions necessary to                       consider the best scientific and
                                                  comments if they are sent by any other                  achieve the plan’s goals; and (3)                     commercial data and all new
                                                  method, to any other address or                         estimates of the time required and costs              information that has become available
                                                  individual, or received after the end of                to implement recovery actions.                        since the listing determination.
                                                  the comment period. All comments                        Recovery plans describe actions                       Categories of requested information
                                                  received are a part of the public record                beneficial to the conservation and                    include: (1) Species biology including,
                                                  and NMFS will generally post for public                 recovery of species listed under the                  but not limited to, population trends,
                                                  viewing on www.regulations.gov                          ESA, as amended (16 U.S.C. 1531 et                    distribution, abundance, demographics,
                                                  without change. All personal identifying                seq.). The ESA requires the                           and genetics; (2) habitat conditions
                                                  information (e.g., name, address, etc.),                development of recovery plans for each                including, but not limited to, amount,
                                                  confidential business information, or                   listed species unless such a plan would               distribution, and important features for
                                                  otherwise sensitive information                         not promote the conservation of the                   conservation; (3) status and trends of
                                                  submitted voluntarily by the sender is                  species. This new recovery plan will                  threats to the species and its habitats; (4)
                                                  publicly accessible. NMFS will accept                   focus solely on the North Pacific                     conservation measures that have been
                                                  anonymous comments (enter ‘‘N/A’’ in                    loggerhead DPS.                                       implemented that benefit the species,
                                                  the required fields if you wish to remain                  In addition, the ESA requires that we              including monitoring data
                                                  anonymous).                                             conduct a review of listed species at                 demonstrating effectiveness of such
                                                                                                          least once every five years. This will be             measures; (5) need for additional
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          the first 5-year review for the North                 conservation measures; and (6) other
                                                  Alexis Gutierrez, Office of Protected
                                                                                                          Pacific loggerhead since the 2011 listing             new information, data, or corrections
                                                  Resources, phone, 301–427–8441, email:
                                                                                                          as endangered. On the basis of such                   including, but not limited to, taxonomic
                                                  Alexis.Gutierrez@noaa.gov.
                                                                                                          reviews under section 4(c)(2)(B), we                  or nomenclature changes, identification
                                                  SUPPLEMENTARY INFORMATION:                              determine whether any species should                  of erroneous information contained in
                                                  Background                                              be removed from the list (i.e., delisted)             the list of endangered and threatened
                                                                                                          or reclassified from endangered to                    species, and improved analytical
                                                     Loggerhead sea turtles (Caretta                      threatened or from threatened to
                                                  caretta) were globally listed as                                                                              methods for evaluating extinction risk.
                                                                                                          endangered (16 U.S.C. 1533(c)(2)(B)).                    If you wish to provide information for
                                                  threatened under the ESA (16 U.S.C.                     Delisting a species must be supported                 this 5-year review and/or the recovery
                                                  1531 et seq.) in 1978. A Recovery Plan                  by the best scientific and commercial                 plan, you may submit your information
                                                  for the U.S. Pacific population of                      data available and only considered if                 and materials electronically or via mail
                                                  Loggerhead Sea Turtles was published                    such data substantiate that the species is            (see ADDRESSES section). We request that
                                                  in 1998. In 2007, the 5-year review of                  neither endangered nor threatened for                 all information be accompanied by
                                                  the loggerhead sea turtle recommended                   one or more of the following reasons: (1)             supporting documentation such as
                                                  the application of the DPS policy (61 FR                The species is considered extinct; (2)                maps, bibliographic references, or
                                                  4722; February 7, 1996). On July 16,                    the species is considered to be                       reprints of pertinent publications. We
                                                  2007, NMFS and USFWS received a                         recovered; and/or (3) the original data               also would appreciate the submitter’s
                                                  petition from the Center for Biological                 available when the species was listed, or             name, address, and any association,
                                                  Diversity and Turtle Island Restoration                 the interpretation of such data, were in              institution, or business that the person
                                                  Network requesting that loggerhead                      error. Any change in Federal                          represents; however, anonymous
                                                  turtles in the North Pacific Ocean be                   classification would require a separate               submissions will also be accepted.
                                                  reclassified as a DPS with endangered                   rulemaking process. The regulations in                   Upon completion, the draft recovery
                                                  status and that critical habitat be                     50 CFR 424.21 require that we publish                 plan will be available for public review
                                                  designated. On November 16, 2007,                       a notice in the Federal Register                      and comment through the publication of
                                                  NMFS and USFWS received a petition                      announcing those species currently                    Federal Register notice.
                                                  from the Center for Biological Diversity                under active review. This notice
                                                  and Oceana requesting that loggerhead                                                                           Authority: 16 U.S.C. 1531 et seq.
                                                                                                          announces our active review of the
                                                  turtles in the Northwest Atlantic Ocean                 North Pacific loggerhead currently listed               Dated: October 6, 2016.
                                                  be reclassified as a DPS with                           as endangered (76 FR 58868; September                 Daniel Bess,
                                                  endangered status and that critical                     22, 2011), as well as our intent to                   Acting Deputy Director, Office of Protected
                                                  habitat be designated. NMFS and                         prepare a recovery plan.                              Resources, National Marine Fisheries Service.
                                                  USFWS determined that the July 16,                         Background information on the North                [FR Doc. 2016–24676 Filed 10–11–16; 8:45 am]
                                                  2007, North Pacific petition and the                    Pacific loggerhead including the                      BILLING CODE 3510–22–P
                                                  November 16, 2007, Northwest Atlantic                   endangered listing is available on the
                                                  petition both presented substantial                     NMFS Office of Protected Species Web
                                                  information that the petitioned actions                 site at: http://www.nmfs.noaa.gov/pr/                 DEPARTMENT OF COMMERCE
                                                  may be warranted. The 2009 Status                       species/turtles/loggerhead.html.
                                                  Review identified nine DPSs. In 2011,                                                                         Patent and Trademark Office
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                                                  we published a final rule (76 FR 58868;                 Public Solicitation of New Information
                                                  September 22, 2011) determining nine                      To ensure that the 5-year review and                Secrecy and License To Export
                                                  DPSs for loggerhead sea turtles.                        recovery plan are complete and based                  ACTION:    Proposed collection; comment
                                                     Upon listing a species, section 4(f)(1)              on the best available scientific and                  request.
                                                  of the ESA requires the preparation and                 commercial information, we are
                                                  implementation of a recovery plan and                   soliciting new information from the                   SUMMARY: The United States Patent and
                                                  revision to those plans as necessary. The               public, governmental agencies, Tribes,                Trademark Office (USPTO), as part of its


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Document Created: 2016-10-12 00:56:07
Document Modified: 2016-10-12 00:56:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of initiation of a 5-year review and notice of intent to draft a recovery plan; request for information.
DatesInformation related to this notice must be received by close of business on December 12, 2016.
ContactAlexis Gutierrez, Office of Protected Resources, phone, 301-427-8441, email: [email protected]
FR Citation81 FR 70394 
RIN Number0648-XX37

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