81_FR_94148 81 FR 93902 - Endangered and Threatened Species; Initiation of 5-Year Review for the Endangered Black Abalone and the Endangered White Abalone

81 FR 93902 - Endangered and Threatened Species; Initiation of 5-Year Review for the Endangered Black Abalone and the Endangered White Abalone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 246 (December 22, 2016)

Page Range93902-93903
FR Document2016-30710

NMFS announces its intent to conduct 5-year reviews for the black abalone (Haliotis cracherodii) and the white abalone (Haliotis sorenseni) under the Endangered Species Act of 1973, as amended (ESA). Both the black abalone and white abalone are listed as endangered under the ESA. NMFS is required by the ESA to conduct 5-year reviews to ensure that the listing classifications of the species are accurate. The 5-year reviews must be based on the best scientific and commercial data available at the time. We request submission of any such information on black abalone and white abalone, particularly information on the status, threats, and recovery of the species that has become available since the final listing decision for white abalone in May 2001 and black abalone in January 2009.

Federal Register, Volume 81 Issue 246 (Thursday, December 22, 2016)
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Notices]
[Pages 93902-93903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30710]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE962


Endangered and Threatened Species; Initiation of 5-Year Review 
for the Endangered Black Abalone and the Endangered White Abalone

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

ACTION: Notice of initiation of 5-year review; request for information.

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

SUMMARY: NMFS announces its intent to conduct 5-year reviews for the 
black abalone (Haliotis cracherodii) and the white abalone (Haliotis 
sorenseni) under the Endangered Species Act of 1973, as amended (ESA). 
Both the black abalone and white abalone are listed as endangered under 
the ESA. NMFS is required by the ESA to conduct 5-year reviews to 
ensure that the listing classifications of the species are accurate. 
The 5-year reviews must be based on the best scientific and commercial 
data available at the time. We request submission of any such 
information on black abalone and white abalone, particularly 
information on the status, threats, and recovery of the species that 
has become available since the final listing decision for white abalone 
in May 2001 and black abalone in January 2009.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than February 21, 2017. However, we 
will continue to accept new information about any listed species at any 
time.

ADDRESSES: Submit your comments by including NOAA-NMFS-2016-0146 by 
either of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail:D=NOAA-NMFS-2016-0146, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail or hand-deliver written information to Melissa 
Neuman, NMFS West Coast Region, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA 90802.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or

[[Page 93903]]

individual, or received after the end of the specified 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 or 
protected 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: Melissa Neuman, NMFS West Coast 
Region, at 562-980-4115.

SUPPLEMENTARY INFORMATION: The white abalone was listed as endangered 
under the ESA on May 29, 2001 and the black abalone was listed as 
endangered under the ESA on January 14, 2009 (74 FR 1937). Section 
4(c)(2)(A) of the ESA requires that we conduct a review of listed 
species at least once every five years. On the basis of such reviews 
under section 4(c)(2)(B), we determine whether a species should be 
delisted or reclassified from endangered to threatened or from 
threatened to endangered. Delisting a species must be supported by the 
best scientific and commercial data available and only considered if 
such data substantiates 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; or 
(3) the original data available when the species was listed, or the 
interpretation of such data, were in error. 50 CFR 424.11(d). Any 
change in Federal classification would require a separate rulemaking 
process. The ESA implementing regulations at 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 reviews 
of the white abalone and black abalone, both currently listed as 
endangered.
    Background information on white abalone, including the endangered 
listing, is available on the NMFS Office of Protected Species Web site 
at: www.fisheries.noaa.gov/pr/species/invertebrates/abalone/white-abalone.html. Background information on black abalone, including the 
endangered listing, is available on the NMFS Office of Protected 
Species Web site at: www.fisheries.noaa.gov/pr/species/invertebrates/abalone/black-abalone.html.

Determining If a Species Is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made on the basis of the best scientific and 
commercial data available after conducting a review of the status of 
the species and after taking into account those efforts, if any, being 
made by any State or foreign nation, to protect such species.

Public Solicitation of New Information

    To ensure that the 5-year reviews are complete and based on the 
best available scientific and commercial data, 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 white abalone and/or black 
abalone. The 5-year reviews consider the best scientific and commercial 
data that has become available since the listing determination for 
white abalone in May 2001 and for black abalone in January 2009. 
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; (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 nomenclatural changes and improved analytical methods for 
evaluating extinction risk.
    If you wish to provide information for the 5-year reviews, 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.

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

    Dated: December 14, 2016.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2016-30710 Filed 12-21-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                93902                     Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Notices

                                                (including a specified time) by which                     Dated: December 15, 2016.                           purposes, the written description of the
                                                extension requests must be filed to be                  Gary Taverman,                                        scope of the investigation is dispositive.
                                                considered timely. An extension request                 Associate Deputy Assistant Secretary for              [FR Doc. 2016–30774 Filed 12–21–16; 8:45 am]
                                                must be made in a separate, stand-alone                 Antidumping and Countervailing Duty                   BILLING CODE 3510–DS–P
                                                submission; under limited                               Operations.
                                                circumstances we will grant untimely-                   Appendix
                                                filed requests for the extension of time                                                                      DEPARTMENT OF COMMERCE
                                                                                                        Scope of the Investigation
                                                limits. Review Extension of Time Limits;                                                                      National Oceanic and Atmospheric
                                                Final Rule, 78 FR 57790 (September 20,                     The merchandise covered by this
                                                                                                        investigation is softwood lumber, siding,             Administration
                                                2013), available at http://www.gpo.gov/
                                                                                                        flooring and certain other coniferous wood            RIN 0648–XE962
                                                fdsys/pkg/FR-2013-09-20/html/2013-                      (‘‘softwood lumber products’’). The scope
                                                22853.htm, prior to submitting factual                  includes:                                             Endangered and Threatened Species;
                                                information in this investigation.                         • Coniferous wood, sawn, or chipped                Initiation of 5-Year Review for the
                                                                                                        lengthwise, sliced or peeled, whether or not
                                                Certification Requirements                                                                                    Endangered Black Abalone and the
                                                                                                        planed, whether or not sanded, or whether or
                                                                                                        not finger-jointed, of an actual thickness
                                                                                                                                                              Endangered White Abalone
                                                  Any party submitting factual
                                                                                                        exceeding six millimeters.                            AGENCY:  National Marine Fisheries
                                                information in an AD or CVD                                • Coniferous wood siding, flooring, and
                                                proceeding must certify the accuracy                                                                          Service (NMFS), National Oceanic and
                                                                                                        other coniferous wood (other than moldings            Atmospheric Administration (NOAA),
                                                and completeness of that information.55                 and dowel rods), including strips and friezes
                                                                                                                                                              Commerce.
                                                Parties are hereby reminded that revised                for parquet flooring, that is continuously
                                                                                                        shaped (including, but not limited to,                ACTION: Notice of initiation of 5-year
                                                certification requirements are in effect
                                                                                                        tongued, grooved, rebated, chamfered, V-              review; request for information.
                                                for company/government officials, as
                                                                                                        jointed, beaded, molded, rounded) along any
                                                well as their representatives.                                                                                SUMMARY:    NMFS announces its intent to
                                                                                                        of its edges, ends, or faces, whether or not
                                                Investigations initiated on the basis of                planed, whether or not sanded, or whether or          conduct 5-year reviews for the black
                                                petitions filed on or after August 16,                  not end-jointed.                                      abalone (Haliotis cracherodii) and the
                                                2013, and other segments of any AD or                      • Coniferous drilled and notched lumber            white abalone (Haliotis sorenseni) under
                                                CVD proceedings initiated on or after                   and angle cut lumber.                                 the Endangered Species Act of 1973, as
                                                August 16, 2013, should use the revised                    • Coniferous lumber stacked on edge and            amended (ESA). Both the black abalone
                                                certification formats provided at the end               fastened together with nails, whether or not          and white abalone are listed as
                                                                                                        with plywood sheathing.                               endangered under the ESA. NMFS is
                                                of the Final Rule.56 The Department                        • Components or parts of semi-finished or
                                                intends to reject factual submissions if                                                                      required by the ESA to conduct 5-year
                                                                                                        unassembled finished products made from
                                                the submitting party does not comply                    subject merchandise that would otherwise
                                                                                                                                                              reviews to ensure that the listing
                                                with the applicable revised certification               meet the definition of the scope above.               classifications of the species are
                                                requirements.                                              Softwood lumber product imports are                accurate. The 5-year reviews must be
                                                                                                        generally entered under Chapter 44 of the             based on the best scientific and
                                                Notification to Interested Parties                      Harmonized Tariff Schedule of the United              commercial data available at the time.
                                                                                                        States (‘‘HTSUS’’). This chapter of the               We request submission of any such
                                                  Interested parties must submit                        HTSUS covers ‘‘Wood and articles of wood.’’           information on black abalone and white
                                                applications for disclosure under APO                   Softwood lumber products that are subject to          abalone, particularly information on the
                                                in accordance with 19 CFR 351.305. On                   this investigation are currently classifiable         status, threats, and recovery of the
                                                January 22, 2008, the Department                        under the following ten-digit HTSUS
                                                                                                                                                              species that has become available since
                                                published Antidumping and                               subheadings in Chapter 44: 4407.10.01.01;
                                                                                                        4407.10.01.02; 4407.10.01.15; 4407.10.01.16;
                                                                                                                                                              the final listing decision for white
                                                Countervailing Duty Proceedings:                                                                              abalone in May 2001 and black abalone
                                                                                                        4407.10.01.17; 4407.10.01.18; 4407.10.01.19;
                                                Documents Submission Procedures;                        4407.10.01.20; 4407.10.01.42; 4407.10.01.43;          in January 2009.
                                                APO Procedures, 73 FR 3634 (January                     4407.10.01.44; 4407.10.01.45; 4407.10.01.46;          DATES: To allow us adequate time to
                                                22, 2008). Parties wishing to participate               4407.10.01.47; 4407.10.01.48; 4407.10.01.49;          conduct this review, we must receive
                                                in this investigation should ensure that                4407.10.01.52; 4407.10.01.53; 4407.10.01.54;          your information no later than February
                                                they meet the requirements of these                     4407.10.01.55; 4407.10.01.56; 4407.10.01.57;          21, 2017. However, we will continue to
                                                procedures (e.g., the filing letters of                 4407.10.01.58; 4407.10.01.59; 4407.10.01.64;          accept new information about any listed
                                                appearance, as discussed at 19 CFR                      4407.10.01.65; 4407.10.01.66; 4407.10.01.67;
                                                                                                                                                              species at any time.
                                                                                                        4407.10.01.68; 4407.10.01.69; 4407.10.01.74;
                                                351.103(d)).                                            4407.10.01.75; 4407.10.01.76; 4407.10.01.77;          ADDRESSES: Submit your comments by
                                                  This notice is issued and published                   4407.10.01.82; 4407.10.01.83; 4407.10.01.92;          including NOAA–NMFS–2016–0146 by
                                                pursuant to sections 702 and 777(i) of                  4407.10.01.93; 4409.10.05.00; 4409.10.10.20;          either of the following methods:
                                                the Act.                                                4409.10.10.40; 4409.10.10.60; 4409.10.10.80;             • Federal e-Rulemaking Portal. Go to
                                                                                                        4409.10.20.00; 4409.10.90.20; 4409.10.90.40;          www.regulations.gov/
                                                                                                        and 4418.90.25.00.                                    #!docketDetail:D=NOAA-NMFS-2016-
                                                                                                           Subject merchandise as described above             0146, click the ‘‘Comment Now!’’ icon,
                                                                                                        may also be classified as stringers, square cut       complete the required fields, and enter
                                                                                                        box-spring-frame components, fence pickets,           or attach your comments.
                                                                                                        truss components, pallet components,                     • Mail or hand-deliver written
sradovich on DSK3GMQ082PROD with NOTICES




                                                  55 See section 782(b) of the Act.                     flooring, and door and window frame parts
                                                  56 See                                                under the following ten-digit HTSUS
                                                                                                                                                              information to Melissa Neuman, NMFS
                                                         Certification of Factual Information to
                                                                                                        subheadings in Chapter 44: 4415.20.40.00;             West Coast Region, 501 West Ocean
                                                Import Administration During Antidumping and
                                                Countervailing Duty Proceedings, 78 FR 42678 (July      4415.20.80.00; 4418.90.46.05; 4418.90.46.20;          Boulevard, Suite 4200, Long Beach, CA
                                                17, 2013) (Final Rule). Answers to frequently asked     4418.90.46.40; 4418.90.46.95; 4421.90.70.40;          90802.
                                                questions regarding the Final Rule are available at     4421.90.94.00; and 4421.90.97.80.                        Instructions: NMFS may not consider
                                                http://enforcement.trade.gov/tlei/notices/factual_         Although these HTSUS subheadings are               comments if they are sent by any other
                                                info_final_rule_FAQ_07172013.pdf.                       provided for convenience and customs                  method, to any other address or


                                           VerDate Sep<11>2014   17:40 Dec 21, 2016   Jkt 241001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\22DEN1.SGM   22DEN1


                                                                          Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Notices                                                93903

                                                individual, or received after the end of                Determining If a Species Is Threatened                name, address, and any association,
                                                the specified period. All comments                      or Endangered                                         institution, or business that the person
                                                received are a part of the public record                  Section 4(a)(1) of the ESA requires                 represents; however, anonymous
                                                and NMFS will generally post for public                 that we determine whether a species is                submissions will also be accepted.
                                                viewing on www.regulations.gov                          endangered or threatened based on one                   Authority: 16 U.S.C. 1531 et seq.
                                                without change. All personal identifying                or more of the five following factors: (1)               Dated: December 14, 2016.
                                                information (e.g., name, address, etc.),                The present or threatened destruction,                Angela Somma,
                                                confidential business information, or                   modification, or curtailment of its
                                                                                                                                                              Chief, Endangered Species Division, Office
                                                otherwise sensitive or protected                        habitat or range; (2) overutilization for             of Protected Resources, National Marine
                                                information submitted voluntarily by                    commercial, recreational, scientific, or              Fisheries Service.
                                                the sender is publicly accessible. NMFS                 educational purposes; (3) disease or                  [FR Doc. 2016–30710 Filed 12–21–16; 8:45 am]
                                                will accept anonymous comments (enter                   predation; (4) the inadequacy of existing
                                                                                                                                                              BILLING CODE 3510–22–P
                                                ‘‘N/A’’ in the required fields if you wish              regulatory mechanisms; or (5) other
                                                to remain anonymous).                                   natural or manmade factors affecting its
                                                                                                        continued existence. Section 4(b) also                DEPARTMENT OF COMMERCE
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        requires that our determination be made
                                                Melissa Neuman, NMFS West Coast                         on the basis of the best scientific and               National Oceanic and Atmospheric
                                                Region, at 562–980–4115.                                commercial data available after                       Administration
                                                SUPPLEMENTARY INFORMATION:      The white               conducting a review of the status of the
                                                                                                        species and after taking into account                 RIN 0648–XF092
                                                abalone was listed as endangered under
                                                the ESA on May 29, 2001 and the black                   those efforts, if any, being made by any              Pacific Fishery Management Council;
                                                abalone was listed as endangered under                  State or foreign nation, to protect such              Public Meeting
                                                the ESA on January 14, 2009 (74 FR                      species.
                                                1937). Section 4(c)(2)(A) of the ESA                                                                          AGENCY:  National Marine Fisheries
                                                                                                        Public Solicitation of New Information
                                                requires that we conduct a review of                                                                          Service (NMFS), National Oceanic and
                                                                                                           To ensure that the 5-year reviews are              Atmospheric Administration (NOAA),
                                                listed species at least once every five
                                                                                                        complete and based on the best                        Commerce.
                                                years. On the basis of such reviews
                                                                                                        available scientific and commercial                   ACTION: Notice of a public meeting.
                                                under section 4(c)(2)(B), we determine                  data, we are soliciting new information
                                                whether a species should be delisted or                 from the public, governmental agencies,               SUMMARY:   The Pacific Fishery
                                                reclassified from endangered to                         Tribes, the scientific community,                     Management Council’s (Pacific Council)
                                                threatened or from threatened to                        industry, environmental entities, and                 Groundfish Management Team (GMT)
                                                endangered. Delisting a species must be                 any other interested parties concerning               will hold a week-long work session that
                                                supported by the best scientific and                    the status of white abalone and/or black              is open to the public.
                                                commercial data available and only                      abalone. The 5-year reviews consider                  DATES: The GMT meeting will begin at
                                                considered if such data substantiates                   the best scientific and commercial data               1 p.m. on Monday, January 9, 2017, and
                                                that the species is neither endangered                  that has become available since the                   end at close of business on Friday,
                                                nor threatened for one or more of the                   listing determination for white abalone               January 13, 2017, to view the agenda see
                                                following reasons: (1) The species is                   in May 2001 and for black abalone in                  SUPPLEMENTARY INFORMATION.
                                                considered extinct; (2) the species is                  January 2009. Categories of requested
                                                                                                                                                              ADDRESSES: The meeting will be held at
                                                considered to be recovered; or (3) the                  information include: (1) Species biology
                                                                                                                                                              the Pacific Council, Large Conference
                                                original data available when the species                including, but not limited to, population
                                                                                                                                                              Room, 7700 NE Ambassador Place,
                                                was listed, or the interpretation of such               trends, distribution, abundance,
                                                                                                                                                              Suite 101, Portland, Oregon 97220–
                                                data, were in error. 50 CFR 424.11(d).                  demographics, and genetics; (2) habitat
                                                                                                                                                              1384.
                                                Any change in Federal classification                    conditions including, but not limited to,
                                                would require a separate rulemaking                     amount, distribution, and important                   FOR FURTHER INFORMATION CONTACT:   Ms.
                                                process. The ESA implementing                           features for conservation; (3) status and             Kelly Ames, Pacific Council, 503–820–
                                                regulations at 50 CFR 424.21 require                    trends of threats; (4) conservation                   2426.
                                                that we publish a notice in the Federal                 measures that have been implemented                   SUPPLEMENTARY INFORMATION:
                                                Register announcing those species                       that benefit the species, including
                                                                                                        monitoring data demonstrating                         Agenda
                                                currently under active review. This
                                                notice announces our active reviews of                  effectiveness of such measures; (5) need                The primary purpose of the GMT
                                                the white abalone and black abalone,                    for additional conservation measures;                 working meeting is to prepare for the
                                                both currently listed as endangered.                    and (6) other new information, data, or               2017 Council meetings, including the
                                                                                                        corrections including, but not limited                development of harvest specifications
                                                   Background information on white                      to, taxonomic or nomenclatural changes                and management measures for 2019–
                                                abalone, including the endangered                       and improved analytical methods for                   2020. Specific agenda topics include
                                                listing, is available on the NMFS Office                evaluating extinction risk.                           revisions to the nearshore and non-
                                                of Protected Species Web site at:                          If you wish to provide information for             nearshore projection models; review of
                                                www.fisheries.noaa.gov/pr/species/                      the 5-year reviews, you may submit                    the sablefish and lingcod discard
                                                invertebrates/abalone/white-                            your information and materials                        mortality rates; and review of the latest
sradovich on DSK3GMQ082PROD with NOTICES




                                                abalone.html. Background information                    electronically or via mail (see                       West Coast Groundfish Observer
                                                on black abalone, including the                         ADDRESSES section). We request that all               Program data. A detailed agenda will be
                                                endangered listing, is available on the                 information be accompanied by                         available on the Council’s Web site prior
                                                NMFS Office of Protected Species Web                    supporting documentation such as                      to the meeting. The GMT may also
                                                site at: www.fisheries.noaa.gov/pr/                     maps, bibliographic references, or                    address other assignments relating to
                                                species/invertebrates/abalone/black-                    reprints of pertinent publications. We                groundfish management. No
                                                abalone.html.                                           also would appreciate the submitter’s                 management actions will be decided by


                                           VerDate Sep<11>2014   17:40 Dec 21, 2016   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\22DEN1.SGM   22DEN1



Document Created: 2016-12-21 23:52:36
Document Modified: 2016-12-21 23:52:36
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 5-year review; request for information.
DatesTo allow us adequate time to conduct this review, we must receive your information no later than February 21, 2017. However, we will continue to accept new information about any listed species at any time.
ContactMelissa Neuman, NMFS West Coast Region, at 562-980-4115.
FR Citation81 FR 93902 
RIN Number0648-XE96

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR