83 FR 11731 - Initiation of 5-Year Review for the Endangered New York Bight, Chesapeake Bay, Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon and the Threatened Gulf of Maine Distinct Population Segment of Atlantic Sturgeon
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 52 (March 16, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11731-11732 | |
| FR Document | 2018-05306 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11731-11732] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05306] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF995 Initiation of 5-Year Review for the Endangered New York Bight, Chesapeake Bay, Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon and the Threatened Gulf of Maine Distinct Population Segment of Atlantic Sturgeon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of initiation of 5-year review; request for information. ----------------------------------------------------------------------- SUMMARY: We, NMFS, announce our intent to conduct a 5-year review for the threatened Gulf of Maine distinct population segment (DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), the endangered New York Bight DPS of Atlantic sturgeon, the endangered Chesapeake Bay DPS of Atlantic sturgeon, the endangered Carolina DPS of Atlantic sturgeon and the endangered South Atlantic DPS of Atlantic sturgeon under the Endangered Species Act of 1973, as amended (ESA). We are required by the ESA to conduct 5-year reviews to ensure that the listing classification of the species remains accurate. The 5-year review must be based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of such information on the status of each DPS, particularly information on population trends, distribution, abundance, habitat amount and suitability, threats, and conservation measures for any DPS that has become available since their original listings under the ESA in 2012. Based on the results of this 5-year review, we will make the requisite findings under the ESA. DATES: To allow us adequate time to conduct this review, we must receive your information no later than May 15, 2018. While we will continue to accept new information about any listed species at any time, failure to timely submit the information in accordance with the deadline above may preclude the information from being included in this review. ADDRESSES: Submit your comments by including NOAA-NMFS-2018-0041, by either of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/document?D=[NOAA-NMFS-2018-0041], 2. Click the ``Comment Now!'' icon, complete the required fields 3. Enter or attach your comments. Mail: Submit written comments to Lynn Lankshear, NMFS, Greater Atlantic Region Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930 or Andrew Herndon, NMFS, Southeast Regional Office, 263 13th Avenue South, Saint Petersburg, FL 33701. Instructions: We may not consider comments if they are sent by any other method, to any other address or individual, or received after the end of the specified period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender 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: Lynn Lankshear at the above address, by phone at 978-282-8473 or [email protected] or Andrew Herndon at the above address, by phone at 727-824-5312 or [email protected]. SUPPLEMENTARY INFORMATION: On February 6, 2012, we listed the Gulf of Maine DPS of Atlantic sturgeon as threatened and the New York Bight, Chesapeake Bay, Carolina and South Atlantic DPSs as endangered (77 FR 5880 and 77 FR 5914). Section 4(c)(2)(A) of the ESA requires that we conduct a review of listed species at least once every five years. On the basis of such reviews, under section 4(c)(2)(B), we determine whether a species should be delisted or reclassified from endangered to threatened or from threatened to endangered. Delisting a species must be supported by the best scientific and commercial data available and only considered if such data substantiate that the species is neither endangered nor threatened for one or more of the following reasons: (1) The species is considered extinct; (2) the species is [[Page 11732]] considered to be recovered; and/or (3) the original data available when the species was listed, or the interpretation of such data, were in error (see 50 CFR 424.11(d)). A 5-year review ends with a determination of whether the species should be delisted or the listing status changed. A 5-year review does not change the listing status of the species. Changes to the listing status of a species can only be made following publication of a proposed rule with an opportunity for public comment and our consideration of the comments before making a final determination to reclassify or delist the species. The ESA implementing regulations at 50 CFR 424.21 require that we publish a notice in the Federal Register announcing those species currently under active review. This notice announces our active review of the Gulf of Maine DPS of Atlantic sturgeon currently listed as threatened, and the active review of the New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs of Atlantic sturgeon that are currently listed as endangered. Background information for the Gulf of Maine, New York Bight, and Chesapeake Bay DPSs of Atlantic sturgeon is available on the NMFS GARFO website: https://www.greateratlantic.fisheries.noaa.gov/protected/atlsturgeon/index.html. Background information for the Carolina and South Atlantic DPSs of Atlantic sturgeon is available on the NMFS SERO website at: http://sero.nmfs.noaa.gov/protected_resources/sturgeon/index.html. Public Solicitation of New Information To ensure that the 5-year review is complete and based on the best available scientific and commercial information, we are soliciting information that has become available since the 2012 listing determination from the public, concerned governmental agencies, tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of each of the five DPSs of Atlantic sturgeon. For example, we are aware that the Atlantic States Marine Fisheries Commission has just completed an Atlantic Sturgeon Benchmark Stock Assessment. This is an example of new information we will consider during our review. Categories of requested information include: (1) Species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics; (2) habitat conditions including, but not limited to, amount, distribution, and suitability; (3) status and trends of identified limiting factors or threats; (4) conservation measures that have been implemented that benefit the species; and (5) other new information, data, or corrections including, but not limited to, taxonomic or nomenclatural changes, identification of erroneous information contained in the list of endangered and threatened species, and improved analytical methods for evaluating extinction risk. Since there are no recovery plans for any of the DPSs, we will analyze the available information for the 5-year review relative to the ESA definitions of endangered and threatened and in the context of the five listing factors. The five factors are: (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. During the 5-year review, we are also required to consider whether the 1996 DPS policy (61 FR 4722; February 7, 1996) is appropriately applied to the species. The DPS Policy specifies that we consider the available information with respect to three elements. These elements are: (1) The discreteness of the population segment in relation to the remainder of the of the species to which it belongs; (2) the significance of the population segment to the species to which it belong; and (3) the population segment's conservation status in relation to the ESA's standards for listing (i.e., is the population segment endangered or threatened?). Because the five DPSs of Atlantic sturgeon have already been classified as DPSs following the 1996 DPS policy, a re-evaluation of the DPSs will not be necessary, unless there is new information specific to these DPSs relevant to the application of the policy. If you wish to provide information for this 5-year review, you may submit your information and materials electronically at www.regulations.gov or via mail (see ADDRESSES section). We request that all information be accompanied by supporting documentation such as maps, bibliographic references, or reprints of pertinent publications. We also would appreciate the submitter's name, address, and any association, institution, or business that the person represents; however, anonymous submissions will also be accepted. Authority: 16 U.S.C. 1531 et seq. Dated: March 12, 2018. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-05306 Filed 3-15-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11731
minimal environmental impact in a Dated: March 12, 2018. the information from being included in
mixed trap trawl configuration in the Emily H. Menashes, this review.
first year of the project, then the Acting Director, Office of Sustainable ADDRESSES: Submit your comments by
applicant may also test the practicality Fisheries, National Marine Fisheries Service. including NOAA–NMFS–2018–0041, by
of deploying trawls with only the purse [FR Doc. 2018–05335 Filed 3–15–18; 8:45 am] either of the following methods:
trap type in the following year. The BILLING CODE 3510–22–P • Electronic Submissions: Submit all
depth of trap deployments is expected electronic public comments via the
to be between 150 to 300 ft (46 to 91 m). Federal e-Rulemaking Portal.
Trap soak time would range from 3 to DEPARTMENT OF COMMERCE 1. Go to www.regulations.gov/
10 days depending on trap type and document?D=[NOAA-NMFS-2018-
location. Setting and hauling of the National Oceanic and Atmospheric 0041],
traps is expected to occur during Administration 2. Click the ‘‘Comment Now!’’ icon,
daylight hours. Bait would only be used RIN 0648–XF995 complete the required fields
in the modified spiny lobster traps and 3. Enter or attach your comments.
would include cowhide and fish heads. Initiation of 5-Year Review for the • Mail: Submit written comments to
Endangered New York Bight, Lynn Lankshear, NMFS, Greater
Vessels to be used in the proposed
Chesapeake Bay, Carolina and South Atlantic Region Fisheries Office, 55
study would be three federally
Atlantic Distinct Population Segments Great Republic Drive, Gloucester, MA
permitted commercial fishing vessels.
of Atlantic Sturgeon and the 01930 or Andrew Herndon, NMFS,
Vessel crew would be responsible for
Threatened Gulf of Maine Distinct Southeast Regional Office, 263 13th
collecting detailed records during the
Population Segment of Atlantic Avenue South, Saint Petersburg, FL
sampling trips. Data to be collected per
Sturgeon 33701.
trip would include: Gear configuration Instructions: We may not consider
and fishing effort data (e.g., date and AGENCY: National Marine Fisheries comments if they are sent by any other
time of deployment and retrieval, Service (NMFS), National Oceanic and method, to any other address or
latitude, longitude, and water depth of Atmospheric Administration (NOAA), individual, or received after the end of
each deployed trawl, bait type used); Commerce. the specified period. All comments
soak time per area for each trawl; ACTION: Notice of initiation of 5-year received are a part of the public record
alternative weight and trawl review; request for information. and will generally be posted for public
configurations used in different sea viewing on www.regulations.gov
states and conditions; trap loss and SUMMARY: We, NMFS, announce our
intent to conduct a 5-year review for the without change. All personal identifying
movement from original set position; information (e.g., name, address, etc.),
protected species interactions; bycatch threatened Gulf of Maine distinct
population segment (DPS) of Atlantic confidential business information, or
species, amount, and disposition; and otherwise sensitive information
lionfish catch data for each trap type. sturgeon (Acipenser oxyrinchus
oxyrinchus), the endangered New York submitted voluntarily by the sender will
Any fish species other than lionfish be publicly accessible. We will accept
caught in the traps would be released Bight DPS of Atlantic sturgeon, the
endangered Chesapeake Bay DPS of anonymous comments (enter ‘‘N/A’’ in
once the traps are onboard the project the required fields if you wish to remain
vessels; only lionfish would be retained Atlantic sturgeon, the endangered
Carolina DPS of Atlantic sturgeon and anonymous).
as part of the project. Retained lionfish
the endangered South Atlantic DPS of FOR FURTHER INFORMATION CONTACT:
would be sold on return to port.
Atlantic sturgeon under the Endangered Lynn Lankshear at the above address, by
The applicant has requested the EFP phone at 978–282–8473 or
Species Act of 1973, as amended (ESA).
be effective for a 2-year period from the Lynn.Lankshear@noaa.gov or Andrew
We are required by the ESA to conduct
date the EFP is issued. Herndon at the above address, by phone
5-year reviews to ensure that the listing
NMFS finds the application warrants classification of the species remains at 727–824–5312 or Andrew.Herndon@
further consideration based on a accurate. The 5-year review must be noaa.gov.
preliminary review. Possible conditions based on the best scientific and SUPPLEMENTARY INFORMATION: On
the agency may impose on the permit, commercial data available at the time of February 6, 2012, we listed the Gulf of
if granted, include but are not limited the review; therefore, we are requesting Maine DPS of Atlantic sturgeon as
to, a prohibition of conducting research submission of such information on the threatened and the New York Bight,
within marine protected areas, marine status of each DPS, particularly Chesapeake Bay, Carolina and South
sanctuaries, special management zones, information on population trends, Atlantic DPSs as endangered (77 FR
or areas where they might interfere with distribution, abundance, habitat amount 5880 and 77 FR 5914). Section 4(c)(2)(A)
managed fisheries without additional and suitability, threats, and of the ESA requires that we conduct a
authorization. Additionally, NMFS may conservation measures for any DPS that review of listed species at least once
require special protections for ESA- has become available since their original every five years. On the basis of such
listed species and designated critical listings under the ESA in 2012. Based reviews, under section 4(c)(2)(B), we
habitat, and may require particular gear on the results of this 5-year review, we determine whether a species should be
markings. A final decision on issuance will make the requisite findings under delisted or reclassified from endangered
of the EFP will depend on NMFS’ the ESA. to threatened or from threatened to
review of public comments received on DATES: To allow us adequate time to endangered. Delisting a species must be
daltland on DSKBBV9HB2PROD with NOTICES
the application, consultations with the conduct this review, we must receive supported by the best scientific and
appropriate fishery management your information no later than May 15, commercial data available and only
agencies of the affected states, Councils, 2018. While we will continue to accept considered if such data substantiate that
the U.S. Coast Guard, and a new information about any listed the species is neither endangered nor
determination that they are consistent species at any time, failure to timely threatened for one or more of the
with all applicable laws. submit the information in accordance following reasons: (1) The species is
Authority: 16 U.S.C 1801 et seq. with the deadline above may preclude considered extinct; (2) the species is
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![11732 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
considered to be recovered; and/or (3) factors or threats; (4) conservation Dated: March 12, 2018.
the original data available when the measures that have been implemented Angela Somma,
species was listed, or the interpretation that benefit the species; and (5) other Chief, Endangered Species Division, Office
of such data, were in error (see 50 CFR new information, data, or corrections of Protected Resources, National Marine
424.11(d)). A 5-year review ends with a including, but not limited to, taxonomic Fisheries Service.
determination of whether the species or nomenclatural changes, identification [FR Doc. 2018–05306 Filed 3–15–18; 8:45 am]
should be delisted or the listing status of erroneous information contained in BILLING CODE 3510–22–P
changed. A 5-year review does not the list of endangered and threatened
change the listing status of the species. species, and improved analytical
Changes to the listing status of a species DEPARTMENT OF COMMERCE
methods for evaluating extinction risk.
can only be made following publication
of a proposed rule with an opportunity Since there are no recovery plans for National Oceanic and Atmospheric
for public comment and our any of the DPSs, we will analyze the Administration
consideration of the comments before available information for the 5-year RIN 0648–XG092
making a final determination to review relative to the ESA definitions of
reclassify or delist the species. endangered and threatened and in the North Pacific Fishery Management
The ESA implementing regulations at context of the five listing factors. The Council; Public Meeting
50 CFR 424.21 require that we publish five factors are: (1) The present or
a notice in the Federal Register threatened destruction, modification, or AGENCY: National Marine Fisheries
announcing those species currently Service (NMFS), National Oceanic and
curtailment of its habitat or range; (2)
under active review. This notice Atmospheric Administration (NOAA),
overutilization for commercial,
announces our active review of the Gulf Commerce.
recreational, scientific, or educational
of Maine DPS of Atlantic sturgeon purposes; (3) disease or predation; (4) ACTION: Notice of public meetings.
currently listed as threatened, and the
the inadequacy of existing regulatory SUMMARY: The North Pacific Fishery
active review of the New York Bight,
mechanisms; or, (5) other natural or Management Council (Council) and its
Chesapeake Bay, Carolina, and South
Atlantic DPSs of Atlantic sturgeon that manmade factors affecting its continued advisory committees will meet April 2
are currently listed as endangered. existence. through April 10, 2018, in Anchorage,
Background information for the Gulf During the 5-year review, we are also AK.
of Maine, New York Bight, and required to consider whether the 1996 DATES: The meetings will be held
Chesapeake Bay DPSs of Atlantic DPS policy (61 FR 4722; February 7, Monday, April 2 through Tuesday, April
sturgeon is available on the NMFS 1996) is appropriately applied to the 10, 2018. See SUPPLEMENTARY
GARFO website: https:// species. The DPS Policy specifies that INFORMATION for specific dates and
www.greateratlantic.fisheries.noaa.gov/ we consider the available information times.
protected/atlsturgeon/index.html. with respect to three elements. These
Background information for the Carolina ADDRESSES: The meeting will be held at
elements are: (1) The discreteness of the the Anchorage Hilton Hotel, 500 W 3rd
and South Atlantic DPSs of Atlantic population segment in relation to the
sturgeon is available on the NMFS Ave., Anchorage, AK 99501.
remainder of the of the species to which Council address: North Pacific
SERO website at: http://
it belongs; (2) the significance of the Fishery Management Council, 605 W
sero.nmfs.noaa.gov/protected_
resources/sturgeon/index.html. population segment to the species to 4th Ave., Suite 306, Anchorage, AK
which it belong; and (3) the population 99501–2252; telephone (907) 271–2809.
Public Solicitation of New Information segment’s conservation status in relation FOR FURTHER INFORMATION CONTACT:
To ensure that the 5-year review is to the ESA’s standards for listing (i.e., is Diana Evans, Council staff; telephone:
complete and based on the best the population segment endangered or (907) 271–2809.
available scientific and commercial threatened?). Because the five DPSs of SUPPLEMENTARY INFORMATION:
information, we are soliciting Atlantic sturgeon have already been
information that has become available classified as DPSs following the 1996 Agenda
since the 2012 listing determination DPS policy, a re-evaluation of the DPSs The Council will begin its plenary
from the public, concerned will not be necessary, unless there is session at 8 a.m. in the Aleutian Room
governmental agencies, tribes, the new information specific to these DPSs on Wednesday, April 4, continuing
scientific community, industry, relevant to the application of the policy. through Tuesday, April 10, 2018. The
environmental entities, and any other Scientific and Statistical Committee
interested parties concerning the status If you wish to provide information for
(SSC) will begin at 8 a.m. in the King
of each of the five DPSs of Atlantic this 5-year review, you may submit your
Salmon/Iliamna Room on Monday,
sturgeon. For example, we are aware information and materials electronically April 2, and continue through
that the Atlantic States Marine Fisheries at www.regulations.gov or via mail (see Wednesday, April 4, 2018. The
Commission has just completed an ADDRESSES section). We request that all Council’s Advisory Panel (AP) will
Atlantic Sturgeon Benchmark Stock information be accompanied by begin at 8 a.m. in the Dillingham/
Assessment. This is an example of new supporting documentation such as Katmai Room on Tuesday, April 3 and
information we will consider during our maps, bibliographic references, or continue through Friday April 6, 2018.
review. Categories of requested reprints of pertinent publications. We The Enforcement Committee will meet
daltland on DSKBBV9HB2PROD with NOTICES
information include: (1) Species biology also would appreciate the submitter’s on Tuesday, April 3, 2018 in the Birch/
including, but not limited to, population name, address, and any association, Willow Room from 1 p.m. to 4 p.m.
trends, distribution, abundance, institution, or business that the person
demographics, and genetics; (2) habitat Monday, April 2, 2018 Through
represents; however, anonymous
conditions including, but not limited to, Tuesday, April 10, 2018
submissions will also be accepted.
amount, distribution, and suitability; (3) Council Plenary Session: The agenda
Authority: 16 U.S.C. 1531 et seq.
status and trends of identified limiting for the Council’s plenary session will
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Document Created: 2018-03-16 01:12:15
Document Modified: 2018-03-16 01:12:15
| 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 | Notices | |
| Action | Notice of initiation of 5-year review; request for information. | |
| Dates | To allow us adequate time to conduct this review, we must receive your information no later than May 15, 2018. While we will continue to accept new information about any listed species at any time, failure to timely submit the information in accordance with the deadline above may preclude the information from being included in this review. | |
| FR Citation | 83 FR 11731 | |
| RIN Number | 0648-XF99 |
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