82_FR_38828 82 FR 38672 - Endangered and Threatened Species; Initiation of a Status Review for Alewife and Blueback Herring Under the Endangered Species Act (ESA)

82 FR 38672 - Endangered and Threatened Species; Initiation of a Status Review for Alewife and Blueback Herring Under the Endangered Species Act (ESA)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38672-38674
FR Document2017-17218

We, NMFS, announce the initiation of a new status review of alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis) to determine whether listing either species as endangered or threatened under the Endangered Species Act is warranted. A comprehensive status review must be based on the best scientific and commercial data available at the time of the review. Therefore, we are asking the public to provide such information on alewife and blueback herring that has become available since the listing determination in 2013.

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38672-38674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 170718681-7735-01]
RIN 0648-XF575


Endangered and Threatened Species; Initiation of a Status Review 
for Alewife and Blueback Herring Under the Endangered Species Act (ESA)

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

ACTION: Notice of initiation of a status review; request for 
information.

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SUMMARY: We, NMFS, announce the initiation of a new status review of 
alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis) 
to determine whether listing either species as endangered or threatened 
under the Endangered Species Act is warranted. A comprehensive status 
review must be based on the best scientific and commercial data 
available at the time of the review. Therefore, we are asking the 
public to provide such information on alewife and blueback herring that 
has become available since the listing determination in 2013.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than October 16, 2017.

[[Page 38673]]


ADDRESSES: You may submit information for us to use in our status 
review, identifying it as ``Alewife and Blueback Herring Status Review 
(NOAA-NMFS-2017-0094),'' by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=[NOAA-NMFS-2017-0094], click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail or hand-delivery: Submit written comments to Tara 
Trinko Lake, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great 
Republic Drive, Gloucester, Massachusetts 01930.
    Instructions: Information sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All information received is a part of 
the public record and will generally be posted for public viewing on 
http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Tara Trinko Lake at the above address, 
by phone at 978-282-8477 or [email protected], David Gouveia, 978-
281-9280 or [email protected], or Marta Nammack, 301-427-8469 or 
[email protected].

SUPPLEMENTARY INFORMATION: This notice announces our active review of 
alewife and blueback herring. On August 12, 2013, we determined that 
listing alewife and blueback herring as threatened or endangered under 
the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.) was not 
warranted (78 FR 48943). However, at that time, we committed to 
revisiting the status of both species in 3 to 5 years. The 3- to 5-year 
timeframe equated to approximately one generation time for these 
species, and allowed for time to complete ongoing scientific studies, 
including a river herring stock assessment update that was completed by 
the Atlantic States Marine Fisheries Commission in August 2017.
    The Natural Resources Defense Council and Earthjustice (the 
Plaintiffs) filed suit against us on February 10, 2015, in the U.S. 
District Court in Washington, DC, challenging our decision not to list 
blueback herring as threatened or endangered. The Plaintiffs also 
challenged our determination that the Mid-Atlantic stock complex of 
blueback herring is not a distinct population segment (DPS). On March 
25, 2017, the court vacated the blueback herring listing determination 
and remanded the listing determination to us. As part of a negotiated 
agreement with the Plaintiffs, we committed to publish a revised 
listing determination for blueback herring no later than January 31, 
2019. We also agreed to conduct a new status review and publish in the 
Federal Register a notice of the status review, soliciting new 
information.
    Background information about both species, including the 2013 
listing determination, is available on the NMFS Greater Atlantic 
Regional Fisheries Office Web site: https://www.greateratlantic.fisheries.noaa.gov/protected/pcp/soc/river_herring.html.

Determining if a Species Is Threatened or Endangered

    Paragraph (a)(1) of section 4 of the ESA (16 U.S.C. 1533) 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. Paragraph (b) of ESA section 4 
requires that our determination be made on the basis of the best 
scientific and commercial data available after taking into account 
those efforts, if any, being made by any State or foreign nation, to 
protect such species.

Application of the Distinct Population Segment Policy

    In the application of the DPS policy, we are responsible for 
determining whether species, subspecies, or DPSs of marine and 
anadromous species are threatened or endangered under the ESA. If we 
are petitioned to list populations of a vertebrate species as DPSs, or 
if we determine that identifying DPSs may result in a conservation 
benefit to the species, we use the joint U.S. Fish and Wildlife 
Service-NMFS DPS policy (61 FR 4722; February 7, 1996) to determine 
whether any populations of the species meet the DPS policy criteria. 
Under this policy, in order to be considered a DPS, a population must 
be discrete from other conspecific populations, and it must be 
significant to the taxon to which it belongs. A group of organisms is 
discrete if physical, physiological, ecological or behavioral factors 
make it markedly separate from other populations of the same taxon. 
Under the DPS policy, if a population group is determined to be 
discrete, the agency may then consider whether it is significant to the 
taxon to which it belongs. Considerations in evaluating the 
significance of a discrete population include: (1) Persistence of the 
discrete population in an unusual or unique ecological setting for the 
taxon; (2) evidence that the loss of the discrete population segment 
would cause a significant gap in the taxon's range; (3) evidence that 
the discrete population segment represents the only surviving natural 
occurrence of a taxon that may be more abundant elsewhere outside its 
historical geographic range; or (4) evidence that the discrete 
population has marked genetic differences from other populations of the 
species.

Public Solicitation of New Information

    With this notice, we commence a status review of alewife and 
blueback herring to determine whether listing the species as endangered 
or threatened under the ESA is warranted. To ensure that our review of 
alewife and blueback herring is informed by the best available 
scientific and commercial information, we are opening a 60-day public 
comment period to solicit information to support our status review.
    For the status review to be complete and based on the best 
available scientific and commercial information, we request information 
on these species from governmental agencies, Native American Tribes, 
the scientific community, industry, and any other interested parties. 
We seek information on: (1) Species abundance; (2) species 
productivity; (3) species distribution or population spatial structure; 
(4) patterns of phenotypic, genotypic, and life history diversity; (5) 
habitat conditions and associated limiting factors and threats; (6) 
ongoing or planned efforts to protect and restore the species and their 
habitats; (7) the adequacy of existing regulatory mechanisms and 
whether protections are being implemented and are proving effective in 
conserving the species; (8) data concerning the status and trends of 
identified limiting factors or threats; (9) information concerning the 
impacts of environmental variability and climate change on survival, 
recruitment, distribution, and/or extinction risk; and (10) other new 
information, data, or corrections including, but not limited to, 
taxonomic or nomenclature changes, identification of erroneous 
information in the previous listing determination, and improved

[[Page 38674]]

analytical methods for evaluating extinction risk.
    In addition to the above requested information, we are interested 
in any information concerning protective efforts that have not yet been 
fully implemented or demonstrated as effective. Our consideration of 
conservation measures, regulatory mechanisms, and other protective 
efforts will be guided by the Services ``Policy for Evaluation of 
Conservation Efforts When Making Listing Decisions'' (PECE Policy) (68 
FR 15100; March 28, 2003). The PECE established criteria to ensure the 
consistent and adequate evaluation of formalized conservation efforts 
when making listing decisions under the ESA. This policy may also guide 
the development of conservation efforts that sufficiently improve a 
species' status so as to make listing the species as threatened or 
endangered unnecessary. Under the PECE the adequacy of conservation 
efforts is evaluated in terms of the certainty of their implementation, 
and the certainty of their effectiveness. Criteria for evaluating the 
certainty of implementation include whether: The necessary resources 
are available; the necessary authority is in place; an agreement is 
formalized (i.e., regulatory and procedural mechanisms are in place); 
there is a schedule for completion and evaluation; for voluntary 
measures, incentives to ensure necessary participation are in place; 
and there is agreement of all necessary parties to the measure or plan. 
Criteria for evaluating the certainty of effectiveness include whether 
the measure or plan: Includes a clear description of the factors for 
decline to be addressed and how they will be reduced; establishes 
specific conservation objectives; identifies necessary steps to reduce 
threats; includes quantifiable performance measures for monitoring 
compliance and effectiveness; employs principles of adaptive 
management; and is certain to improve the species' status at the time 
of listing determination. We request that any information submitted 
with respect to conservation measures, regulatory mechanisms, or other 
protective efforts that have yet to be implemented or show 
effectiveness explicitly address these criteria in the PECE.
    If you wish to provide your information for this status review, you 
may submit your information and materials electronically via email (see 
ADDRESSES section). We request that all information be accompanied by: 
(1) Supporting documentation such as maps, bibliographic references, or 
reprints of pertinent publications; and (2) the submitter's name, 
address, and any association, institution, or business that the person 
represents.

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

    Dated: August 10, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-17218 Filed 8-14-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                  38672                        Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                  limits. IWC-set catch limits are, in turn,              light of the stability of the IWC                     2017. Please visit the NOAA Fisheries’
                                                  based on IWC Scientific Committee                       subsistence harvest allocations and the               Alaska Regional Office’s Web page at
                                                  advice on the sustainability of proposed                subsistence bowhead harvests by Alaska                https://alaskafisheries.noaa.gov/pr/
                                                  catch limits using a population model,                  Natives, the 2013 EIS estimated                       whales-bowhead for more information
                                                  referred to as a Strike Limit Algorithm.                environmental consequences for a 25- or               on this EIS. NMFS estimates the draft
                                                  The Strike Limit Algorithm used by the                  30-year period, recognizing that every 5              EIS for 2019 onward will be available in
                                                  IWC is specific to this population of                   or 6 years, when new catch limits are                 May 2018.
                                                  bowhead whales and is the IWC’s                         considered by the IWC, NMFS would
                                                  formula for calculating sustainable                                                                           Authority
                                                                                                          prepare an Environmental Assessment
                                                  aboriginal subsistence whaling removal                  (EA) to determine whether any new                       The preparation of the EIS for the
                                                  levels, based on the size and                           circumstances would result in                         subsistence harvest of Western Arctic
                                                  productivity of a whale population, in                  significant environmental impacts                     bowhead whales by Alaska Natives will
                                                  order to satisfy subsistence need. The                  warranting a new EIS.                                 be conducted under the authority and in
                                                  Strike Limit Algorithm also allows for                     NMFS decided to prepare an EIS                     accordance with the requirements of
                                                  an inter-annual variation of strikes up to              rather than an EA in order to assess the              NEPA, Council on Environmental
                                                  50 percent of the annual strike limit in                impacts of issuing annual quotas for the              Quality Regulations (40 CFR parts 1500–
                                                  order to provide flexibility for the hunt               subsistence hunt by Alaska Natives from               1508), other applicable Federal laws and
                                                  while meeting the Commission’s                          2019 onward. This decision was not                    regulations, and policies and procedures
                                                  conservation objectives.                                based on any new determination that                   of NMFS for compliance with those
                                                  Alternatives                                            significant effects occur as a result of the          regulations.
                                                                                                          bowhead subsistence hunt, but rather to                 Dated: August 9, 2017.
                                                     NMFS preliminarily anticipates four                  take advantage of the greater
                                                  alternatives:                                                                                                 John Henderschedt,
                                                                                                          transparency and public involvement in
                                                     Alternative 1 (no action): Do not grant                                                                    Director, Office of International Affairs and
                                                                                                          decision-making afforded through an                   Seafood Inspection, National Marine
                                                  the AEWC a catch limit.                                 EIS process.
                                                     Alternative 2: Grant the AEWC an                                                                           Fisheries Service.
                                                                                                             Major issues to be addressed in this
                                                  annual strike limit of 67 bowhead                       EIS include: The impact of subsistence
                                                                                                                                                                [FR Doc. 2017–17173 Filed 8–14–17; 8:45 am]
                                                  whales, not to exceed a total of 336                    removal of bowhead whales from the
                                                                                                                                                                BILLING CODE 3510–22–P
                                                  landed whales over any 6-year period,                   Western Arctic stock of bowhead
                                                  with no unused strikes from previous                    whales; the impacts of these harvest
                                                  years added to a subsequent annual                                                                            DEPARTMENT OF COMMERCE
                                                                                                          levels on the traditional and cultural
                                                  limit.                                                  values of Alaska Natives, and the
                                                     Alternative 3: Grant the AEWC an                                                                           National Oceanic and Atmospheric
                                                                                                          cumulative effects of the action when                 Administration
                                                  annual strike limit of 67 bowhead
                                                                                                          considered along with environmental
                                                  whales, not to exceed a total of 336
                                                                                                          conditions and past, present, and future              [Docket No. 170718681–7735–01]
                                                  landed whales over any 6-year period,
                                                                                                          actions potentially affecting bowhead
                                                  with unused strikes from previous years                                                                       RIN 0648–XF575
                                                                                                          whales.
                                                  carried forward and added to the annual
                                                  strike limit of subsequent years (subject               Public Comment                                        Endangered and Threatened Species;
                                                  to limits), provided that no more than                     We begin this NEPA process by                      Initiation of a Status Review for Alewife
                                                  15 additional strikes are added to any                  soliciting input from the public and                  and Blueback Herring Under the
                                                  one year’s allocation of strikes. This                  interested parties on the type of impacts             Endangered Species Act (ESA)
                                                  alternative would maintain the status                   to be considered in the EIS, the range of
                                                  quo for any six-year period with respect                                                                      AGENCY:  National Marine Fisheries
                                                                                                          alternatives to be assessed, and any                  Service (NMFS), National Oceanic and
                                                  to management of the hunt.                              other pertinent information.
                                                     Alternative 4: Grant the AEWC an                                                                           Atmospheric Administration (NOAA),
                                                                                                          Specifically, this scoping process is                 Commerce.
                                                  annual strike limit of 67 bowhead                       intended to accomplish the following
                                                  whales, not to exceed a total take of 336                                                                     ACTION: Notice of initiation of a status
                                                                                                          objectives:
                                                  landed whales over any 6-year period,                      1. Invite affected Federal, state, and             review; request for information.
                                                  with unused strikes from previous years                 local agencies, Alaska Natives, and
                                                  carried forward and added to the annual                                                                       SUMMARY:   We, NMFS, announce the
                                                                                                          other interested persons to participate in            initiation of a new status review of
                                                  strike quota of subsequent years (subject               the EIS process.
                                                  to limits), provided that no more than                                                                        alewife (Alosa pseudoharengus) and
                                                                                                             2. Determine the potential significant
                                                  50 percent of the annual strike limit is                                                                      blueback herring (Alosa aestivalis) to
                                                                                                          environmental issues to be analyzed in
                                                  added for any one year. This would                                                                            determine whether listing either species
                                                                                                          the EIS.
                                                  maintain the status quo for any 6-year                                                                        as endangered or threatened under the
                                                                                                             3. Identify and eliminate issues
                                                  period with respect to management of                                                                          Endangered Species Act is warranted. A
                                                                                                          determined to be insignificant or
                                                  the hunt for landed whales and employ                                                                         comprehensive status review must be
                                                                                                          addressed in other documents.
                                                  the Commission’s 50 percent carryover                      4. Allocate assignments among the                  based on the best scientific and
                                                  principle.                                              lead agency and cooperating agencies                  commercial data available at the time of
                                                     NOAA prepared an EIS in 2013 that                    regarding preparation of the EIS,                     the review. Therefore, we are asking the
                                                  analyzed issuing annual strike limits to                including impact analysis and                         public to provide such information on
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                                                  the AEWC for a subsistence hunt on                      identification of mitigation measures.                alewife and blueback herring that has
                                                  bowhead whales from 2013 through                           5. Identify related environmental                  become available since the listing
                                                  2018. That analysis concluded that the                  documents being prepared.                             determination in 2013.
                                                  overall effects of human activities                        6. Identify other environmental                    DATES: To allow us adequate time to
                                                  associated with subsistence whaling                     review and consultation requirements.                 conduct this review, we must receive
                                                  results in only minor impacts on the                       The official scoping period is from                your information no later than October
                                                  western Arctic bowhead whale stock. In                  August 15, 2017, until September 14,                  16, 2017.


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                                                                               Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices                                           38673

                                                  ADDRESSES:   You may submit                             the Mid-Atlantic stock complex of                     discrete if physical, physiological,
                                                  information for us to use in our status                 blueback herring is not a distinct                    ecological or behavioral factors make it
                                                  review, identifying it as ‘‘Alewife and                 population segment (DPS). On March                    markedly separate from other
                                                  Blueback Herring Status Review                          25, 2017, the court vacated the blueback              populations of the same taxon. Under
                                                  (NOAA–NMFS–2017–0094),’’ by either                      herring listing determination and                     the DPS policy, if a population group is
                                                  of the following methods:                               remanded the listing determination to                 determined to be discrete, the agency
                                                     • Federal eRulemaking Portal: Go to                  us. As part of a negotiated agreement                 may then consider whether it is
                                                  www.regulations.gov/                                    with the Plaintiffs, we committed to                  significant to the taxon to which it
                                                  #!docketDetail;D=[NOAA-NMFS-2017-                       publish a revised listing determination               belongs. Considerations in evaluating
                                                  0094], click the ‘‘Comment Now’’ icon,                  for blueback herring no later than                    the significance of a discrete population
                                                  complete the required fields, and enter                 January 31, 2019. We also agreed to                   include: (1) Persistence of the discrete
                                                  or attach your comments.                                conduct a new status review and                       population in an unusual or unique
                                                     • Mail or hand-delivery: Submit                      publish in the Federal Register a notice              ecological setting for the taxon; (2)
                                                  written comments to Tara Trinko Lake,                   of the status review, soliciting new                  evidence that the loss of the discrete
                                                  NMFS, Greater Atlantic Regional                         information.                                          population segment would cause a
                                                  Fisheries Office, 55 Great Republic                       Background information about both                   significant gap in the taxon’s range; (3)
                                                  Drive, Gloucester, Massachusetts 01930.                 species, including the 2013 listing                   evidence that the discrete population
                                                     Instructions: Information sent by any                determination, is available on the NMFS               segment represents the only surviving
                                                  other method, to any other address or                   Greater Atlantic Regional Fisheries                   natural occurrence of a taxon that may
                                                  individual, or received after the end of                Office Web site: https://                             be more abundant elsewhere outside its
                                                  the comment period, may not be                          www.greateratlantic.fisheries.noaa.gov/               historical geographic range; or (4)
                                                  considered by NMFS. All information                     protected/pcp/soc/river_herring.html.                 evidence that the discrete population
                                                  received is a part of the public record                 Determining if a Species Is Threatened                has marked genetic differences from
                                                  and will generally be posted for public                 or Endangered                                         other populations of the species.
                                                  viewing on http://www.regulations.gov                                                                         Public Solicitation of New Information
                                                  without change. All personal identifying                   Paragraph (a)(1) of section 4 of the
                                                  information (e.g., name, address, etc.),                ESA (16 U.S.C. 1533) requires that we                    With this notice, we commence a
                                                  confidential business information, or                   determine whether a species is                        status review of alewife and blueback
                                                  otherwise sensitive information                         endangered or threatened based on one                 herring to determine whether listing the
                                                  submitted voluntarily by the sender will                or more of the five following factors: (1)            species as endangered or threatened
                                                  be publicly accessible. We will accept                  The present or threatened destruction,                under the ESA is warranted. To ensure
                                                  anonymous comments (enter ‘‘N/A’’ in                    modification, or curtailment of its                   that our review of alewife and blueback
                                                                                                          habitat or range; (2) overutilization for             herring is informed by the best available
                                                  the required fields if you wish to remain
                                                                                                          commercial, recreational, scientific, or              scientific and commercial information,
                                                  anonymous).
                                                                                                          educational purposes; (3) disease or                  we are opening a 60-day public
                                                  FOR FURTHER INFORMATION CONTACT: Tara                   predation; (4) the inadequacy of existing             comment period to solicit information
                                                  Trinko Lake at the above address, by                    regulatory mechanisms; or (5) other                   to support our status review.
                                                  phone at 978–282–8477 or tara.trinko@                   natural or manmade factors affecting its                 For the status review to be complete
                                                  noaa.gov, David Gouveia, 978–281–                       continued existence. Paragraph (b) of                 and based on the best available
                                                  9280 or david.gouveia@noaa.gov, or                      ESA section 4 requires that our                       scientific and commercial information,
                                                  Marta Nammack, 301–427–8469 or                          determination be made on the basis of                 we request information on these species
                                                  marta.nammack@noaa.gov.                                 the best scientific and commercial data               from governmental agencies, Native
                                                  SUPPLEMENTARY INFORMATION: This                         available after taking into account those             American Tribes, the scientific
                                                  notice announces our active review of                   efforts, if any, being made by any State              community, industry, and any other
                                                  alewife and blueback herring. On                        or foreign nation, to protect such                    interested parties. We seek information
                                                  August 12, 2013, we determined that                     species.                                              on: (1) Species abundance; (2) species
                                                  listing alewife and blueback herring as                                                                       productivity; (3) species distribution or
                                                  threatened or endangered under the                      Application of the Distinct Population                population spatial structure; (4) patterns
                                                  Endangered Species Act (ESA) (16                        Segment Policy                                        of phenotypic, genotypic, and life
                                                  U.S.C. 1531 et seq.) was not warranted                    In the application of the DPS policy,               history diversity; (5) habitat conditions
                                                  (78 FR 48943). However, at that time,                   we are responsible for determining                    and associated limiting factors and
                                                  we committed to revisiting the status of                whether species, subspecies, or DPSs of               threats; (6) ongoing or planned efforts to
                                                  both species in 3 to 5 years. The 3- to                 marine and anadromous species are                     protect and restore the species and their
                                                  5-year timeframe equated to                             threatened or endangered under the                    habitats; (7) the adequacy of existing
                                                  approximately one generation time for                   ESA. If we are petitioned to list                     regulatory mechanisms and whether
                                                  these species, and allowed for time to                  populations of a vertebrate species as                protections are being implemented and
                                                  complete ongoing scientific studies,                    DPSs, or if we determine that                         are proving effective in conserving the
                                                  including a river herring stock                         identifying DPSs may result in a                      species; (8) data concerning the status
                                                  assessment update that was completed                    conservation benefit to the species, we               and trends of identified limiting factors
                                                  by the Atlantic States Marine Fisheries                 use the joint U.S. Fish and Wildlife                  or threats; (9) information concerning
                                                  Commission in August 2017.                              Service-NMFS DPS policy (61 FR 4722;                  the impacts of environmental variability
                                                     The Natural Resources Defense                        February 7, 1996) to determine whether                and climate change on survival,
mstockstill on DSK30JT082PROD with NOTICES




                                                  Council and Earthjustice (the Plaintiffs)               any populations of the species meet the               recruitment, distribution, and/or
                                                  filed suit against us on February 10,                   DPS policy criteria. Under this policy,               extinction risk; and (10) other new
                                                  2015, in the U.S. District Court in                     in order to be considered a DPS, a                    information, data, or corrections
                                                  Washington, DC, challenging our                         population must be discrete from other                including, but not limited to, taxonomic
                                                  decision not to list blueback herring as                conspecific populations, and it must be               or nomenclature changes, identification
                                                  threatened or endangered. The Plaintiffs                significant to the taxon to which it                  of erroneous information in the previous
                                                  also challenged our determination that                  belongs. A group of organisms is                      listing determination, and improved


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                                                  38674                        Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                  analytical methods for evaluating                       (2) the submitter’s name, address, and                  Dated: August 7, 2017.
                                                  extinction risk.                                        any association, institution, or business             A.M. Nichols,
                                                     In addition to the above requested                   that the person represents.                           Lieutenant Commander, Judge Advocate
                                                  information, we are interested in any                     Authority: The authority for this action is         General’s Corps, U.S. Navy, Federal Register
                                                  information concerning protective                       the Endangered Species Act of 1973, as                Liaison Officer.
                                                  efforts that have not yet been fully                    amended (16. U.S.C. 1531 et seq.).                    [FR Doc. 2017–17140 Filed 8–14–17; 8:45 am]
                                                  implemented or demonstrated as                                                                                BILLING CODE 3810–FF–P
                                                                                                            Dated: August 10, 2017.
                                                  effective. Our consideration of
                                                  conservation measures, regulatory                       Samuel D. Rauch, III,
                                                  mechanisms, and other protective                        Deputy Assistant Administrator for                    DEPARTMENT OF DEFENSE
                                                  efforts will be guided by the Services                  Regulatory Programs, National Marine
                                                  ‘‘Policy for Evaluation of Conservation                 Fisheries Service.                                    Department of the Navy
                                                  Efforts When Making Listing Decisions’’                 [FR Doc. 2017–17218 Filed 8–14–17; 8:45 am]
                                                  (PECE Policy) (68 FR 15100; March 28,                   BILLING CODE 3510–22–P                                Notice of Redesignation of the
                                                  2003). The PECE established criteria to                                                                       Environmental Impact Statement To
                                                  ensure the consistent and adequate                                                                            Transition FA–18C Strike Fighter
                                                  evaluation of formalized conservation                                                                         Squadrons to FA–18E Strike Fighter
                                                  efforts when making listing decisions                   DEPARTMENT OF DEFENSE                                 Squadrons at Naval Air Station
                                                  under the ESA. This policy may also                                                                           Oceana, Virginia, as an Environmental
                                                  guide the development of conservation                   Department of the Navy                                Assessment and Announcement of
                                                  efforts that sufficiently improve a                                                                           Public Meetings
                                                                                                          Notice of Availability of Record of
                                                  species’ status so as to make listing the                                                                     AGENCY:   Department of the Navy, DoD.
                                                                                                          Decision for the Final Environmental
                                                  species as threatened or endangered
                                                                                                          Impact Statement for the Disposal and                 ACTION:   Notice.
                                                  unnecessary. Under the PECE the
                                                                                                          Reuse of Surplus Property at Naval
                                                  adequacy of conservation efforts is                                                                           SUMMARY:   The Department of Navy’s
                                                                                                          Station Newport, Rhode Island
                                                  evaluated in terms of the certainty of                                                                        (DoN) intent to prepare an
                                                  their implementation, and the certainty                 AGENCY:    Department of the Navy, DoD.               Environmental Impact Statement (EIS)
                                                  of their effectiveness. Criteria for                                                                          for the transition of the remaining F/A–
                                                  evaluating the certainty of                             ACTION:   Notice.                                     18A/C/D (Hornet) aircraft, based at
                                                  implementation include whether: The                                                                           Naval Air Station (NAS) Oceana, to the
                                                  necessary resources are available; the                  SUMMARY:    The U.S. Department of the                F/A–18E/F (Super Hornet), published in
                                                  necessary authority is in place; an                     Navy (Navy), after carefully weighing                 the Federal Register on September 10,
                                                  agreement is formalized (i.e., regulatory               the environmental consequences of the                 2015 (80 FR 175), is hereby modified.
                                                  and procedural mechanisms are in                        proposed action, announces its decision               The DoN is redesignating the EIS as an
                                                  place); there is a schedule for                         to implement Alternative 1, the Navy’s                Environmental Assessment (EA). The
                                                  completion and evaluation; for                          preferred alternative as described in the             DoN will hold public meetings on
                                                  voluntary measures, incentives to                       Final Environmental Impact Statement                  August 29 and 30, 2017, to inform the
                                                  ensure necessary participation are in                   (EIS) for the Disposal and Reuse of                   public and answer questions about the
                                                  place; and there is agreement of all                    Surplus Property at Naval Station                     Draft EA and the proposed action as
                                                  necessary parties to the measure or plan.               (NAVSTA) Newport, Rhode Island. This                  well as provide opportunities for the
                                                  Criteria for evaluating the certainty of                decision will make 158 acres of former                public to comment on the Draft EA.
                                                  effectiveness include whether the                       NAVSTA Newport property available to
                                                  measure or plan: Includes a clear                                                                             SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                          the local communities of Aquidneck
                                                  description of the factors for decline to                                                                     to the National Environmental Policy
                                                                                                          Island for economic redevelopment.
                                                  be addressed and how they will be                                                                             Act of 1969 and regulations
                                                  reduced; establishes specific                           SUPPLEMENTARY INFORMATION:    Disposal                implemented by the Council on
                                                  conservation objectives; identifies                     and reuse under the chosen alternative                Environmental Quality, the DoN
                                                  necessary steps to reduce threats;                      is consistent with the Aquidneck Island               published a Notice of Intent to prepare
                                                  includes quantifiable performance                       Reuse Planning Authority’s                            an EIS to transition Hornet aircraft to
                                                  measures for monitoring compliance                      ‘‘Redevelopment Plan for Surplus                      Super Hornet aircraft at NAS Oceana on
                                                  and effectiveness; employs principles of                Properties at NAVSTA Newport’’                        September 10, 2015, in the Federal
                                                  adaptive management; and is certain to                  (Redevelopment Plan) and Public Law                   Register (80 FR 175). The majority of
                                                  improve the species’ status at the time                 101–510, the Defense Base Closure and                 aircraft based at NAS Oceana
                                                  of listing determination. We request that               Realignment Act of 1990, as amended in                transitioned to Super Hornet over a
                                                  any information submitted with respect                  2005 (BRAC Law). The complete text of                 decade ago (as part of a separate
                                                  to conservation measures, regulatory                    the Record of Decision (ROD) is                       proposed action), and are currently
                                                  mechanisms, or other protective efforts                 available for public viewing on the                   conducting flight training operations at
                                                  that have yet to be implemented or                      project Web site at https://                          NAS Oceana and Naval Auxiliary
                                                  show effectiveness explicitly address                   www.BRACPMO.Navy.mil along with                       Landing Field (NALF) Fentress. The
                                                  these criteria in the PECE.                             the Final EIS and supporting                          purpose of transitioning the remaining
                                                     If you wish to provide your                          documents. Single copies of the ROD                   Hornet aircraft to Super Hornet aircraft
                                                  information for this status review, you                 will be made available upon request by                is to provide newer, more capable, and
mstockstill on DSK30JT082PROD with NOTICES




                                                  may submit your information and                         contacting: Mr. Gregory Preston, BRAC                 more reliable aircraft to the NAS
                                                  materials electronically via email (see                 Program Management Office East, 4911                  Oceana-based strike fighter community,
                                                  ADDRESSES section). We request that all                 South Broad Street, Building 679,                     which are needed to support the Navy’s
                                                  information be accompanied by: (1)                      Philadelphia, PA 19112–1303,                          national defense requirements under
                                                  Supporting documentation such as                        telephone 215–897–4900, facsimile                     Title 10 U.S. Code Section 5062.
                                                  maps, bibliographic references, or                      215–897–4902, email gregory.preston@                     During the development of the EIS,
                                                  reprints of pertinent publications; and                 navy.mil.                                             the DoN’s analysis showed no


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Document Created: 2017-08-15 01:12:40
Document Modified: 2017-08-15 01:12:40
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 status review; request for information.
DatesTo allow us adequate time to conduct this review, we must receive your information no later than October 16, 2017.
FR Citation82 FR 38672 
RIN Number0648-XF57

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