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)

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, 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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