82 FR 50360 - Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Western Glacier Stonefly as an Endangered or Threatened Species; Proposed Threatened Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 209 (October 31, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 209 (October 31, 2017)
| Page Range | 50360-50363 | |
| FR Document | 2017-23579 |
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)] [Proposed Rules] [Pages 50360-50363] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23579] [[Page 50360]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R6-ES-2016-0086; 4500030113] RIN 1018-BB52 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Western Glacier Stonefly as an Endangered or Threatened Species; Proposed Threatened Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our October 4, 2016, proposed rule to list the western glacier stonefly (Zapada glacier) and the meltwater lednian stonefly (Lednia tumana) as threatened species under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period because we have received additional information about the range of the western glacier stonefly and reopening the comment period will provide the public an opportunity to comment on the additional range information. In August 2016, we received new information on the western glacier stonefly, indicating a larger range than previously known. In March 2017, we again received additional information (separate from the information received in August 2016) regarding the western glacier stonefly range, also indicating a larger range than previously known. We invite the public to comment on this additional information. DATES: The comment period on the October 4, 2016, proposed rule (81 FR 68379) is reopened. Comments should be received on or before November 30, 2017. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R6-ES-2016-0086, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ``Comment Now!'' (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R6-ES-2016-0086, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information). Document availability: You may view the October 4, 2016, proposed rule and supporting materials associated with this reopened public comment period and described below under SUPPLEMENTARY INFORMATION at http://www.regulations.gov under Docket No. FWS-R6-ES-2016-0086, or from the office listed in FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Jodi Bush, Field Supervisor, U.S. Fish and Wildlife Service, Montana Ecological Services Field Office, 585 Shepard Way, Helena, MT 59601; telephone 406-449-5225; facsimile 406- 449-5339; jodi_bush@fws.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800- 877-8339. SUPPLEMENTARY INFORMATION: Information Requested Public Comments We will accept written comments and information during this reopened comment period regarding the new information indicating additional streams and springs occupied by the western glacier stonefly (Giersch et al. 2016, entire; Giersch 2017, pers. comm.) as described in this document. We will also accept written comments and information on our proposed rule to list the western glacier stonefly and the meltwater lednian stonefly as threatened species under the Act that was published in the Federal Register on October 4, 2016 (81 FR 68379). We will consider information and recommendations from all interested parties. In addition, we continue to seek comments on the following topics as requested in our October 4, 2016, proposed rule (81 FR 68379): (1) The meltwater lednian stonefly and the western glacier stonefly biology, range, and population trends, including: (a) Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering; (b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species, their habitat, or both. (2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution, and population size of these species, including the locations of any additional populations. If you submitted comments or information on the proposed rule (81 FR 68379) during the initial comment period from October 4, 2016, to December 5, 2016, please do not resubmit them. Any such comments are incorporated as part of the public record of this rulemaking proceeding, and we will fully consider them in the preparation of our final determination. Our final determination will take into consideration all written comments and any additional information we receive during all comment periods. The final decision may differ from the proposed rule, based on our review of all information received during this rulemaking proceeding. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or a threatened species must be made ``solely on the basis of the best scientific and commercial data available.'' You may submit your comments and materials concerning the proposed rule by one of the methods listed in ADDRESSES. We request that you send [[Page 50361]] 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, Montana Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Peer Review In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 (59 FR 34270), we sought the expert opinions of six appropriate and independent specialists regarding the proposed rule, including the new information discussed in this document, and received comments or peer reviews from four peer reviewers. The purpose of peer review is to ensure that our listing determinations are based on scientifically sound data, assumptions, and analyses. The peer reviewers have expertise in stonefly biology, habitat, and life history. Background Species Information and Previous Federal Actions On October 4, 2016, we published a 12-month finding for the western glacier stonefly and a proposed rule to list the western glacier stonefly and meltwater lednian stonefly as threatened species under the Act (81 FR 68379). We combined the 12-month finding and proposed rule in one document for efficiency. Please refer to that proposed rule for information about western glacier stonefly and meltwater lednian stonefly taxonomy, descriptions of the two species, distribution and abundance, habitat, and biology, as well as a detailed description of previous Federal actions concerning the western glacier stonefly and meltwater lednian stonefly prior to October 4, 2016. As discussed in our proposed rule, we became aware of information in August 2016 indicating additional streams and springs occupied by western glacier stonefly in southwestern Montana and northwestern Wyoming. Furthermore, in March 2017, we became aware of additional information on western glacier stonefly, indicating a larger range than previously known. This new information from August 2016 and March 2017 is described below. New Information We received updated information on the distribution of western glacier stonefly from the United States Geological Survey (USGS) on August 22, 2016. This information was included in a final report to the Service examining the status, distribution, and ecology of the meltwater lednian stonefly and the western glacier stonefly (Giersch et al. 2016, entire). In this report, USGS documented western glacier stonefly approximately 500 miles farther south than previously known (Giersch et al. 2016, p. 28). These southern streams and springs were in the Absaroka-Beartooth Wilderness in southern Montana and in Grand Teton National Park in northwestern Wyoming. On March 22, 2017, we again received updated information on the distribution of western glacier stonefly from the USGS. This information was from field surveys conducted in late 2016. These surveys identified additional occupied streams and springs of western glacier stonefly in southern Montana and northwestern Wyoming (in the Absaroka-Beartooth Wilderness and Grand Teton National Park; Figure 1). In addition, a study funded by the Wyoming Natural Diversity Database estimated the degree to which western glacier stonefly were genetically different amongst the three mountain ranges (Glacier National Park, Absaroka-Beartooth Wilderness, and Grand Teton National Park) (Hotaling et al. 2017, p. 11). Although the study noted that there is evidence of significant genetic differentiation amongst western glacier stonefly populations residing in the different mountain ranges, the authors do not believe the evidence supports multiple species designations (Hotaling et al. 2017, p. 12). As a result of the additional range information and genetics report, we are now aware of a total of 16 occupied streams or springs of western glacier stonefly rangewide (Montana and Wyoming). BILLING CODE 4333-15-P [[Page 50362]] [GRAPHIC] [TIFF OMITTED] TP31OC17.003 [[Page 50363]] BILLING CODE 4333-15-C References Cited A complete list of references cited in this document is available on the Internet at http://www.regulations.gov at Docket No. FWS-R6-ES- 2016-0086 and upon request from the Montana Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Authors The primary authors of this document are the staff members of the Montana Ecological Services Field Office. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: September 28, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-23579 Filed 10-30-17; 8:45 am] BILLING CODE 4333-15-P
![50360 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules
DEPARTMENT OF THE INTERIOR Type heading, click on the Proposed (a) Biological or ecological
Rules link to locate this document. You requirements of the species, including
Fish and Wildlife Service may submit a comment by clicking on habitat requirements for feeding,
‘‘Comment Now!’’ breeding, and sheltering;
50 CFR Part 17 (2) By hard copy: Submit by U.S. mail (b) Genetics and taxonomy;
or hand-delivery to: Public Comments (c) Historical and current range,
[Docket No. FWS–R6–ES–2016–0086;
4500030113] Processing, Attn: FWS–R6–ES–2016– including distribution patterns;
0086, U.S. Fish and Wildlife Service, (d) Historical and current population
RIN 1018–BB52 MS: BPHC, 5275 Leesburg Pike, Falls levels, and current and projected trends;
Church, VA 22041–3803. and
Endangered and Threatened Wildlife (e) Past and ongoing conservation
and Plants; 12-Month Finding on a We request that you send comments
only by the methods described above. measures for the species, their habitat,
Petition to List the Western Glacier or both.
Stonefly as an Endangered or We will post all comments on http://
(2) Factors that may affect the
Threatened Species; Proposed www.regulations.gov. This generally
continued existence of the species,
Threatened Species Status for means that we will post any personal
which may include habitat modification
Meltwater Lednian Stonefly and information you provide us (see Public
or destruction, overutilization, disease,
Western Glacier Stonefly Comments, below, for more
predation, the inadequacy of existing
information).
AGENCY: Fish and Wildlife Service, regulatory mechanisms, or other natural
Document availability: You may view or manmade factors.
Interior. the October 4, 2016, proposed rule and (3) Biological, commercial trade, or
ACTION: Proposed rule; reopening of the supporting materials associated with other relevant data concerning any
comment period. this reopened public comment period threats (or lack thereof) to these species
and described below under and existing regulations that may be
SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION at http://
Wildlife Service (Service), announce the addressing those threats.
www.regulations.gov under Docket No. (4) Additional information concerning
reopening of the comment period on our FWS–R6–ES–2016–0086, or from the the historical and current status, range,
October 4, 2016, proposed rule to list office listed in FOR FURTHER INFORMATION distribution, and population size of
the western glacier stonefly (Zapada CONTACT. these species, including the locations of
glacier) and the meltwater lednian
FOR FURTHER INFORMATION CONTACT: Jodi any additional populations.
stonefly (Lednia tumana) as threatened
Bush, Field Supervisor, U.S. Fish and If you submitted comments or
species under the Endangered Species
Wildlife Service, Montana Ecological information on the proposed rule (81 FR
Act of 1973, as amended (Act). We are
Services Field Office, 585 Shepard Way, 68379) during the initial comment
reopening the comment period because
Helena, MT 59601; telephone 406–449– period from October 4, 2016, to
we have received additional information
5225; facsimile 406–449–5339; jodi_ December 5, 2016, please do not
about the range of the western glacier
bush@fws.gov. Persons who use a resubmit them. Any such comments are
stonefly and reopening the comment
telecommunications device for the deaf incorporated as part of the public record
period will provide the public an
(TDD) may call the Federal Relay of this rulemaking proceeding, and we
opportunity to comment on the
Service at 800–877–8339. will fully consider them in the
additional range information. In August
SUPPLEMENTARY INFORMATION: preparation of our final determination.
2016, we received new information on
Our final determination will take into
the western glacier stonefly, indicating Information Requested consideration all written comments and
a larger range than previously known. In
Public Comments any additional information we receive
March 2017, we again received
during all comment periods. The final
additional information (separate from We will accept written comments and decision may differ from the proposed
the information received in August information during this reopened rule, based on our review of all
2016) regarding the western glacier comment period regarding the new information received during this
stonefly range, also indicating a larger information indicating additional rulemaking proceeding.
range than previously known. We invite streams and springs occupied by the Please include sufficient information
the public to comment on this western glacier stonefly (Giersch et al. with your submission (such as scientific
additional information. 2016, entire; Giersch 2017, pers. comm.) journal articles or other publications) to
DATES: The comment period on the as described in this document. We will allow us to verify any scientific or
October 4, 2016, proposed rule (81 FR also accept written comments and commercial information you include.
68379) is reopened. Comments should information on our proposed rule to list Please note that submissions merely
be received on or before November 30, the western glacier stonefly and the stating support for or opposition to the
2017. Comments submitted meltwater lednian stonefly as action under consideration without
electronically using the Federal threatened species under the Act that providing supporting information,
eRulemaking Portal (see ADDRESSES, was published in the Federal Register although noted, will not be considered
below) must be received by 11:59 p.m. on October 4, 2016 (81 FR 68379). We in making a determination, as section
Eastern Time on the closing date. will consider information and 4(b)(1)(A) of the Act directs that
ADDRESSES: You may submit comments recommendations from all interested determinations as to whether any
ethrower on DSK3G9T082PROD with PROPOSALS
by one of the following methods: parties. species is an endangered or a threatened
(1) Electronically: Go to the Federal In addition, we continue to seek species must be made ‘‘solely on the
eRulemaking Portal: http:// comments on the following topics as basis of the best scientific and
www.regulations.gov. In the Search box, requested in our October 4, 2016, commercial data available.’’
enter FWS–R6–ES–2016–0086, which is proposed rule (81 FR 68379): You may submit your comments and
the docket number for this rulemaking. (1) The meltwater lednian stonefly materials concerning the proposed rule
Then, in the Search panel on the left and the western glacier stonefly biology, by one of the methods listed in
side of the screen, under the Document range, and population trends, including: ADDRESSES. We request that you send
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![Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 50363
BILLING CODE 4333–15–C program to lend, while leaving the change will be to provide additional
References Cited original IFQ authority to Fishery authority for the program to lend, while
Management Councils to use as needed. leaving the original IFQ authority to
A complete list of references cited in Fishery Management Councils (FMCs)
DATES: Comments must be submitted in
this document is available on the to use as needed.
writing on or before November 30, 2017,
Internet at http://www.regulations.gov at
Docket No. FWS–R6–ES–2016–0086 and ADDRESSES: You may submit comments, Existing IFQ Loan Authority
upon request from the Montana identified by NOAA–NMFS–2017–0064,
46 U.S.C. 53706 authorizes the FFP to
Ecological Services Field Office (see FOR by any one of the following methods:
• Electronic Submission: Submit all finance or refinance the purchase of
FURTHER INFORMATION CONTACT). individual fishing quotas in accordance
electronic public comments via the
Authors Federal e-Rulemaking Portal. Go to with section 303(d)(4) of the Magnuson-
www.regulations.gov/ Stevens Fishery Conservation and
The primary authors of this document Management Act (MSA), now codified
are the staff members of the Montana #!docketDetail;D=NOAA-NMFS-2017-
at 16 U.S.C. 1853a(g). Under this
Ecological Services Field Office. 0064, click the ‘‘Comment Now!’’ icon,
provision of the MSA, an FMC may
complete the required fields, and enter
Authority submit, and NMFS may approve and
or attach your comments.
• Mail: Paul Marx, Chief, Financial implement, a loan program to aid in (1)
The authority for this action is the the acquisition of IFQ by fishermen who
Endangered Species Act of 1973, as Services Division, NMFS, Attn: F/MB5,
1315 East-West Highway, SSMC3, Silver fish from ‘‘small vessels,’’ and (2) the
amended (16 U.S.C. 1531 et seq.). first time purchase of IFQ by ‘‘entry
Spring, MD 20910.
Dated: September 28, 2017. Instructions: Comments sent by any level fishermen.’’ Therefore, under this
James W. Kurth, other method, to any other address or authority, the FFP cannot initiate or
Acting Director, U.S. Fish and Wildlife individual, or received after the end of implement a lending program to finance
Service. the comment period, may not be or refinance the purchase of IFQ until
[FR Doc. 2017–23579 Filed 10–30–17; 8:45 am] considered by NMFS. All comments the appropriate FMC submits a request
BILLING CODE 4333–15–P received are a part of the public record to NMFS and provides guidance for the
and will generally be posted for public requisite criteria.
NMFS currently administers two loan
viewing on www.regulations.gov
programs pursuant to the existing IFQ
DEPARTMENT OF COMMERCE without change. All personal identifying
authority: The Northwest Halibut/
information (e.g., name, address, etc.),
National Oceanic and Atmospheric Sablefish and Bering Sea and Aleutian
confidential business information, or
Administration Islands Crab IFQ loan programs. NMFS
otherwise sensitive information
anticipates no effects to either of these
submitted voluntarily by the sender will
50 CFR Part 253 existing loan programs as a result of this
be publicly accessible. NMFS will
proposed action.
[Docket No. 170404355–7355–01] accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish New Loan Authority
RIN 0648–BG80 to remain anonymous). The new authority provided by Public
Written comments regarding the Law 114–120 broadens the FFP’s
Merchant Marine Act and Magnuson- burden-hour estimates or other aspects
Stevens Act Provisions; Fishing existing authority, and authorizes the
of the collection-of-information Program to finance the purchase of
Vessel, Fishing Facility and Individual requirements contained in this proposed
Fishing Quota and Harvesting Rights harvesting rights in a fishery that is
rule may be submitted to paul.marx@ federally managed under a limited
Lending Program Regulations noaa.gov and by email to oira_ access system. NMFS will interpret
AGENCY: National Marine Fisheries submission@omb.eop.gov or fax to (202) ‘‘limited access system’’ in accordance
Service (NMFS), National Oceanic and 395–7285. with section 3(27) of the MSA for
Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: Paul purposes of this authority. The MSA
Commerce. Marx, at 301–427–8771 or via email at defines ‘‘limited access system’’ as ‘‘a
ACTION: Proposed rule; request for
paul.marx@noaa.gov. system that limits participation in a
comments. SUPPLEMENTARY INFORMATION: Under the fishery to those satisfying certain
authority of Chapter 537 of Title 46 of eligibility criteria or requirements
SUMMARY: NMFS’ Fisheries Finance the United States Code, 46 U.S.C. 53701, contained in a fishery management plan
Program (FFP) provides long-term et seq., the FFP may provide long-term or associated regulation.’’ 16 U.S.C.
financing to the commercial fishing and financing to the commercial fishing and 1802(27). Such definition includes, but
aquaculture industries for fishing aquaculture industries for fishing is not limited to, IFQ fisheries.
vessels, fisheries facilities, aquaculture vessels, fisheries facilities, aquaculture The new authority provided by Public
facilities, and certain designated facilities, and certain designated Law 114–120 does not require FMCs to
individual fishing quota (IFQ). Section individual fishing quota (IFQs). Section initiate a request to establish a loan
302 of the Coast Guard Authorization 302 of the Coast Guard Authorization program in a fishery that is federally
Act of 2015 (Pub. L. 114–120) included Act of 2015 (Pub. L. 114–120) amended managed under a limited access system
new authority to finance the purchase of Chapter 537, providing the FFP with the in order for the FFP to provide financing
ethrower on DSK3G9T082PROD with PROPOSALS
harvesting rights in a fishery that is authority to finance the purchase of in such a fishery. However, under the
federally managed under a limited harvesting rights in a fishery that is MSA, FMCs are primarily responsible
access system. The FFP proposes to add federally managed under a limited for developing fishery management
a new section to the existing FFP access system. This amendment is plans (FMPs) for fisheries within their
regulations to implement this statutory codified at 46 U.S.C. 53702(b)(4)(B). authority that require conservation and
change. The net effect of this proposed This action would modify the existing management. It is possible that the
change to the regulations will be to Program regulations to reflect this availability of fisheries loans may have
provide additional authority for the statutory change. The net effect of this unanticipated effects on the
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Document Created: 2018-10-25 10:17:50
Document Modified: 2018-10-25 10:17:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of the comment period. | |
| Dates | The comment period on the October 4, 2016, proposed rule (81 FR 68379) is reopened. Comments should be received on or before November 30, 2017. Comments submitted electronically using the Federal | |
| Contact | Jodi Bush, Field Supervisor, U.S. Fish and Wildlife Service, Montana Ecological Services Field Office, 585 Shepard Way, Helena, MT 59601; telephone 406-449-5225; facsimile 406- 449-5339; [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800- 877-8339. | |
| FR Citation | 82 FR 50360 | |
| RIN Number | 1018-BB52 |
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