82_FR_33172 82 FR 33035 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for Chorizanthe parryi

82 FR 33035 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for Chorizanthe parryi

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33035-33036
FR Document2017-15126

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.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017) 
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Pages 33035-33036]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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: http://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 http://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 http://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 http://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 http://www.regulations.gov at Docket No. FWS-R8-ES-2016-0078. Copies of the 
proposed rule are also available at http://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

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules 33035 and recordkeeping requirements, you must submit your comments by rule (81 FR 63454), there has been Volatile organic compounds. 11:59 p.m. Eastern Time on the closing substantial disagreement among peer Authority: 42 U.S.C. 7401 et seq. date. reviewers regarding the potential impact ADDRESSES: You may submit comments of the invasion of Argentine ants Dated: June 29, 2017. (Linepithema humile) on the pollination by one of the following methods: Alexis Strauss, ecology of C. parryi var. fernandina, and (1) Federal eRulemaking Portal: Acting Regional Administrator, Region IX. http://www.regulations.gov. In the there is scientific uncertainty related to [FR Doc. 2017–15052 Filed 7–18–17; 8:45 am] Search box, enter the docket number for establishment of C. parryi var. BILLING CODE 6560–50–P this proposed rule, which is FWS–R8– fernandina using introduction of seed ES–2016–0078. Then click on the into suitable, unoccupied areas. Search button. You may submit a We find that there is substantial DEPARTMENT OF THE INTERIOR comment by clicking on ‘‘Comment scientific uncertainty and disagreement Now!’’ Please ensure that you have about certain data relevant to our listing Fish and Wildlife Service found the correct rulemaking before determination. Therefore, in submitting your comment. consideration of these disagreements, 50 CFR Part 17 (2) U.S. mail or hand delivery: Public we have determined that a 6-month Comments Processing, Attn: Docket No. extension of the final determination for [Docket No. FWS–R8–ES–2016–0078; 4500030113] FWS–R8–ES–2016–0078; U.S. Fish and this rulemaking is necessary, and we are Wildlife Service, MS: BPHC; 5275 hereby extending the final RIN 1018–BB64 determination for 6 months in order to Leesburg Pike; Falls Church, VA 22041– 3803. solicit and consider additional Endangered and Threatened Wildlife information that will help to clarify and Plants; 6-Month Extension of Final FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, these issues and to fully analyze data Determination on the Proposed that are relevant to our final listing Threatened Status for Chorizanthe U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola determination. With this 6-month parryi var. fernandina (San Fernando extension, we will make a final Valley Spineflower) Road, Ventura, CA 93003; telephone 805–644–5763; facsimile 805–644–3958. determination on the proposed rule no AGENCY: Fish and Wildlife Service, Persons who use a telecommunications later than March 15, 2018. Interior. device for the deaf (TDD) may call the Information Requested ACTION: Proposed rule; reopening of the Federal Relay Service at 800–877–8339. We will accept written comments and comment period. SUPPLEMENTARY INFORMATION: information during this reopened SUMMARY: We, the U.S. Fish and Background comment period on our proposed listing Wildlife Service (Service), announce a for Chorizanthe parryi var. fernandina On September 15, 2016, we published that was published in the Federal 6-month extension of the final a proposed rule (81 FR 63454) to list determination of whether to list the Register on September 15, 2016 (81 FR Chorizanthe parryi var. fernandina as a 63454). We will consider information Chorizanthe parryi var. fernandina (San threatened species under the Fernando Valley spineflower), a plant and recommendations from all Endangered Species Act of 1973, as interested parties. We intend that any species from southern California, as a amended (Act; 16 U.S.C. 1531 et seq.). threatened species. Along with this final action resulting from the proposal That proposal had a 60-day comment be as accurate as possible and based on announcement to extend the final period, ending November 14, 2016. For determination, we are also reopening the best available scientific and a description of previous Federal commercial data. the comment period on the proposed actions concerning C. parryi var. In consideration of the scientific rule to list the species, for an additional fernandina, please refer to the disagreements about certain data, we are 30 days. We are taking this action to September 15, 2016, proposed listing particularly interested in new extend the final determination based on rule (81 FR 63454). We also solicited information and comments regarding: substantial disagreement regarding the and received independent scientific (1) How Argentine ant invasion may potential impact of Argentine ant review of the information contained in affect the pollination ecology of C. invasion on the pollination ecology of C. the proposed rule from peer reviewers parryi var. fernandina; and parryi var. fernandina and scientific with expertise in C. parryi var. (2) The efficacy of seed introduction uncertainty related to establishment of fernandina or similar species ecology for long-term establishment into C. parryi var. fernandina using and identified threats to the species, in suitable, unoccupied habitat of introduction of seed into suitable, accordance with our July 1, 1994, peer Chorizanthe or related taxa. unoccupied areas. Comments previously review policy (59 FR 34270). If you previously submitted submitted need not be resubmitted as Section 4(b)(6) of the Act and its comments or information on the they are already incorporated into the implementing regulations at 50 CFR September 15, 2016, proposed rule (81 public record and will be fully 424.17(a) require that we take one of FR 63454), please do not resubmit them. considered in the final rule. We will three actions within 1 year of a We have incorporated previously submit a final listing determination to proposed listing: (1) Finalize the submitted comments into the public the Federal Register on or before March proposed rule; (2) withdraw the record, and we will fully consider them mstockstill on DSK30JT082PROD with PROPOSALS 15, 2018. proposed rule; or (3) extend the final in the preparation of our final DATES: The comment period for the determination by not more than 6 determination. Our final determination proposed rule that published September months, if there is substantial concerning the proposed listing will 15, 2016, at 81 FR 63454 is reopened. disagreement regarding the sufficiency take into consideration all written We will accept comments received or or accuracy of the available data comments and any additional postmarked on or before August 18, relevant to the determination. information we receive. 2017. If you comment using the Federal Since the publication of the You may submit your comments and eRulemaking Portal (see ADDRESSES), September 15, 2016, proposed listing materials concerning the proposed rule VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 SUMMARY: This action proposes submitted by the Council, is also ADDRESSES. We request that you send regulations to implement an Omnibus available via the internet at http://www. comments only by the methods Framework Adjustment to the Mid- greateratlantic.fisheries.noaa.gov/. described in ADDRESSES. Atlantic Fishery Management Council FOR FURTHER INFORMATION CONTACT: Reid If you submit information via http:// acceptable biological catch setting Lichwell, Fishery Management www.regulations.gov, your entire process. This proposed rule is necessary Specialist, (978) 281–9112. submission—including any personal to provide the public with an SUPPLEMENTARY INFORMATION: identifying information—will be posted opportunity to review and comment on on the Web site. If your submission is the measures recommended by the Mid- Background made via a hardcopy that includes Atlantic Council to the National Marine The Mid-Atlantic Fishery personal identifying information, you Fisheries Service for implementation. Management Council (Council) is may request at the top of your document The intended effect of these measures required to set annual catch limits that we withhold this information from would help bring stability to quotas (ACLs) that do not exceed the public review. However, we cannot while accounting for year-to-year acceptable biological catch (ABC) guarantee that we will be able to do so. changes in stock size projections, and recommendation of its Scientific and We will post all hardcopy submissions allow the Mid-Atlantic Council’s Statistical Committee (SSC) to prevent on http://www.regulations.gov. Fishery Management Plans to overfishing. ABCs represent an upper Comments and materials we receive, automatically incorporate the best limit for the Council to use when setting as well as supporting documentation we available scientific information when catch and landing limits. The 2011 ACL used in preparing the proposed rule, calculating acceptable biological Omnibus Amendment implementing will be available for public inspection catches. This action also proposes to rule (76 FR 60606; September 29, 2011), on http://www.regulations.gov, or by revise regulatory language to clarify the enacted the Council’s risk policy that appointment, during normal business Mid-Atlantic Council’s acceptable provides guidance to the SSC on how hours, at the U.S. Fish and Wildlife biological catch control rule assessment much overfishing risk the Council will Service, Ventura Fish and Wildlife level designations. accept when the SSC develops ABC Office (see FOR FURTHER INFORMATION DATES: Comments must be received on recommendations. The policy also CONTACT). You may obtain copies of the or before August 18, 2017. outlines risk tolerance for ensuring proposed rule at http:// stocks under rebuilding plans achieve ADDRESSES: You may submit comments, www.regulations.gov at Docket No. fishing mortality objectives. identified by NOAA–NMFS–2017–0056, The Council’s risk policy for setting FWS–R8–ES–2016–0078. Copies of the by either of the following methods: proposed rule are also available at ABCs states that for a typical species • Electronic Submissions: Submit all whose stock size is equal to or greater http://www.fws.gov/cno/es//. electronic public comments via the than a biomass target associated with Authority Federal eRulemaking portal. Go to www. maximum sustainable yield (BMSY), the regulations.gov/#!docketDetail;D= acceptable probability of overfishing is The authority for this action is the NOAA-NMFS-2017-0056, click the Endangered Species Act of 1973, as 40 percent, i.e., if the fishery catches the ‘‘Comment Now!’’ icon, complete the ABC then there is a 60-percent amended (16 U.S.C. 1531 et seq.). required fields, and enter or attach your probability of not overfishing. If a Dated: June 23, 2017. comments. species is deemed to have an atypical Gregory Sheehan, • Mail: Submit written comments to life history, the Council requires at least Acting Director, U.S. Fish and Wildlife John Bullard, Regional Administrator, a 35-percent probability of overfishing Service. NMFS, Greater Atlantic Regional (i.e., a 65-percent chance of not [FR Doc. 2017–15126 Filed 7–18–17; 8:45 am] Fisheries Office, 55 Great Republic overfishing), to create a larger buffer BILLING CODE 4333–15–P Drive, Gloucester, MA 01930. when biomass is at or above BMSY. The Instructions: Comments sent by any SSC determines whether a stock is other method, to any other address or typical or atypical each time an ABC is individual, or received after the end of recommended. When an overfishing DEPARTMENT OF COMMERCE the comment period, may not be probability is available and considered National Oceanic and Atmospheric considered by NMFS. All comments reliable by the SSC, the applicable Administration received are a part of the public record tolerance for overfishing risk, as and will generally be posted for public informed by the Council’s risk policy, 50 CFR Part 648 viewing on www.regulations.gov would be selected to derive the ABC without change. All personal identifying recommendation. [Docket No. 150309236–7563–01] information (e.g., name, address, etc.), For both typical and atypical species, confidential business information, or the Council has specified that as stock RIN 0648–BE65 otherwise sensitive information size biomass or (B) falls below the target submitted voluntarily by the sender will (BMSY), then the probability of Fisheries of the Northeastern United be publically accessible. NMFS will overfishing decreases, until the States; Mid-Atlantic Fishery accept anonymous comments (enter ‘‘N/ probability of overfishing hits zero Management Council; Omnibus A’’ in the required fields if you wish to when the stock is at 10 percent of the Acceptable Biological Catch remain anonymous). target (BMSY). For a stock under a mstockstill on DSK30JT082PROD with PROPOSALS Framework Adjustment Copies of the Environmental rebuilding plan, the probability of not AGENCY: National Marine Fisheries Assessment and other supporting exceeding the fishing mortality rate (F) Service (NMFS), National Oceanic and documents are available from Dr. within the specified timeframe must be Atmospheric Administration (NOAA), Christopher M. Moore, Executive at least 50 percent, unless this Commerce. Director, Mid-Atlantic Fishery probability threshold is modified Management Council, Suite 201, 800 N. through a stock rebuilding plan. ACTION: Proposed rule; request for State Street, Dover, DE 19901. The draft The fishery management plans (FMPs) comments. Omnibus Framework Adjustment, as managed by the Council all have VerDate Sep<11>2014 17:30 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1


Document Created: 2017-07-19 06:17:33
Document Modified: 2017-07-19 06:17:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of the comment period.
DatesThe 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
ContactStephen 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.
FR Citation82 FR 33035 
RIN Number1018-BB64
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