83_FR_18155 83 FR 18075 - Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of Five Listed Animal Species

83 FR 18075 - Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of Five Listed Animal Species

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18075-18077
FR Document2018-08630

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews under the Endangered Species Act of 1973, as amended, for five animal species. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the last review for the species.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18075-18077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08630]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2018-N003; FXES11130300000-189-FF03E00000]


Endangered and Threatened Wildlife and Plants; Initiation of 5-
Year Status Reviews of Five Listed Animal Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of reviews; request for information.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, are initiating 5-year 
status reviews under the Endangered Species Act of 1973, as amended, 
for five animal species. A 5-year status review is based on the best 
scientific and commercial data available at the time of the review; 
therefore, we are requesting submission of any such information that 
has become available since the last review for the species.

DATES: To ensure consideration, please send your written information by 
June 25, 2018. However, we will continue to accept new information 
about any listed species at any time.

[[Page 18076]]


ADDRESSES: For instructions on how to submit information for each 
species, see the table in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: To request information, contact the 
appropriate person in the table in the SUPPLEMENTARY INFORMATION 
section. Individuals who are hearing impaired or speech impaired may 
call the Federal Relay Service at 800-877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We are initiating 5-year status reviews 
under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
seq.; ESA), for the Dakota skipper (Hesperia dacotae), Higgin's eye 
pearlymussel (Lampsilis higginsii), Hine's emerald dragonfly 
(Somatochlora hineana), Niangua darter (Etheostoma nianguae), and 
Poweshiek skipperling (Oarisma poweshiek).

Why do we conduct 5-year reviews?

    Under the ESA (16 U.S.C. 1531 et seq.), we maintain Lists of 
Endangered and Threatened Wildlife and Plants (which we collectively 
refer to as the List) in the Code of Federal Regulations (CFR) at 50 
CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of 
the ESA requires us to review each listed species' status at least once 
every 5 years. Our regulations at 50 CFR 424.21 require that we publish 
a notice in the Federal Register announcing those species under active 
review. For additional information about 5-year reviews, go to http://www.fws.gov/endangered/what-we-do/recovery-overview.html, scroll down 
to ``Learn More about 5-Year Reviews,'' and click on our factsheet.

What information do we consider in our review?

    A 5-year review considers the best scientific and commercial data 
that have become available since the current listing determination or 
most recent status review of each species, such as:
    (A) Species biology, including but not limited to population 
trends, distribution, abundance, demographics, and genetics;
    (B) Habitat conditions, including but not limited to amount, 
distribution, and suitability;
    (C) Conservation measures that have been implemented that benefit 
the species;
    (D) Threat status and trends in relation to the five listing 
factors (as defined in section 4(a)(1) of the ESA); and
    (E) Other new information, data, or corrections, including but not 
limited to taxonomic or nomenclatural changes, identification of 
erroneous information contained in the List, and improved analytical 
methods.
    New information will be considered in the 5-year review and ongoing 
recovery programs for the species.

What species are under review?

    This notice announces our active 5-year status reviews of the 
species in the following table.

                                                                         Animals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Final listing
                                                                                                    rule (Federal
                                                                     Listing                          Register       Contact person,    Contact person's
         Common name            Scientific name   Taxonomic group     status      Where listed      citation and       email, phone    U.S. mail address
                                                                                                     publication
                                                                                                        date)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dakota skipper...............  Hesperia dacotae  Butterfly.......  T            IA, IL, MN, ND,   80 FR 59248;      Andrew Horton;     USFWS, 4101
                                                                                 SD.               October 1, 2015.  [email protected]   American
                                                                                                                     s.gov; 952-252-    Boulevard East,
                                                                                                                     0092.              Bloomington, MN
                                                                                                                                        55425.
Higgins' eye pearlymussel....  Lampsilis         Mussel..........  E            IL, MN, MO, WI..  41 FR 21062;      Tamara Smith;      USFWS, 4101
                                higginsii.                                                         June 14, 1976.    [email protected]   American
                                                                                                                     .gov; 952-252-     Boulevard East,
                                                                                                                     0092.              Bloomington, MN
                                                                                                                                        55425.
Hine's emerald dragonfly.....  Somatochlora      Insect..........  E            IL, IN, OH, WI..  60 FR 5267,       Kristopher Lah;    USFWS, 230 South
                                hineana.                                                           January 26,       [email protected]   Dearborn, Suite
                                                                                                   1995.             ws.gov; 312-216-   2398, Chicago,
                                                                                                                     4720.              IL 60604.
Niangua darter...............  Etheostoma        Fish............  T            MO..............  50 FR 24649;      Bryan Simmons;     USFWS, 101 Park
                                nianguae.                                                          June 12, 1985.    [email protected]   DeVille Drive,
                                                                                                                     s.gov; 417-836-    Suite A,
                                                                                                                     5302.              Columbia, MO
                                                                                                                                        65203.
Poweshiek skipperling........  Oarisma           Butterfly.......  E            IA, IL, IN, MI,   80 FR 59248;      Nick Utrup;        USFWS, 4101
                                poweshiek.                                       MN, ND, SD, WI.   October 1, 2015.  [email protected]   American
                                                                                                                     ov; 952-252-0092.  Boulevard East,
                                                                                                                                        Bloomington, MN
                                                                                                                                        55425.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Request for Information

    To ensure that a 5-year review is complete and based on the best 
available scientific and commercial information, we request new 
information from all sources. See ``What Information Do We Consider in 
Our Review?'' for specific criteria. If you submit information, please 
support it with documentation such as maps, bibliographic references, 
methods used to gather and analyze the data, and/or copies of any 
pertinent publications, reports, or letters by knowledgeable sources.

How do I ask questions or provide information?

    If you wish to provide information for any species listed above, 
please submit your comments and materials to the appropriate contact in 
the table above. You may also direct questions to those contacts. 
Individuals who are hearing impaired or speech impaired may call the 
Federal Relay Service at 800-877-8339 for TTY assistance.

Public Availability of Submissions

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time.

[[Page 18077]]

While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the offices 
where the comments are submitted.

Authority

    We publish this notice under the authority of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 12, 2018.
Lori H. Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2018-08630 Filed 4-24-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                                 18075

                                                17. Diversified Members Credit Union,                   43. Republic Mortgage Commercial, Salt                13. Hendricks County Bank and Trust
                                                     Detroit, MI ($4,500) [Docket No. 17–                    Lake City, UT ($4,500) [Docket No.                    Company, Brownsburg, IN [Docket
                                                     1895–MRT]                                               16–1754–MRT]                                          No. 16–1715–MRT]
                                                18. Eagle Bank and Trust Company,                       44. Signal Financial Federal Credit                   14. Kentucky Federal Savings & Loan
                                                     Hillsboro, MO ($4,500) [Docket No.                      Union, Kensington, MD ($4,500)                        Association, Covington, KY [Docket
                                                     16–1791–MRT]                                            [Docket No. 16–1748–MRT]                              No. 16–1707–MRT]
                                                19. Eagle Mortgage & Funding, Inc.,                     45. Sindeo, Inc., San Francisco, CA                   15. Michigan Community Credit Union,
                                                     Memphis, TN ($8,500) [Docket No.                        ($8,500) [Docket No. 16–1695–MRT]                     Jackson, MI [Docket No. 18–1846–
                                                     16–1790–MRT]                                       46. SN Servicing Corporation, Baton                        MRT]
                                                20. East West Bank. Pasadena, CA                             Rouge, LA ($4,500) [Docket No. 16–               16. Municipal Housing Authority,
                                                     ($4,500) [Docket No. 16–1746–MRT]                       1803–MRT]                                             Yonkers, NY [Docket No. 17–1732–
                                                21. Fidelity Direct Mortgage, LLC.,                     47. Somerville National Bank,                              MRT]
                                                     Gaithersburg, MD ($4,500) [Docket                       Somerville, OH ($4,500) [Docket                  17. Oak Mortgage Group Inc., Dallas, TX
                                                     No. 17–1725–MRT]                                        No. 16–1776–MRT]                                      [Docket No. 18–1847–MRT]
                                                22. First National Bank of Granbury,                    48. TRM, LLC., San Juan, PR ($8,500)                  18. Oneida Savings Bank, Oneida, NY
                                                     Granbury, TX ($4,500) [Docket No.                       [Docket No. 16–1743–MRT]                              [Docket No. 16–1804–MRT]
                                                     17–1871–MRT]                                       49. U.S. Bank Trust National                          19. Proficio Mortgage Ventures, LLC.,
                                                23. First National Bank of Pasco, Dade                       Association, New York, NY ($4,500)                    Henderson, NV [Docket No. 16–
                                                     City, FL ($4,500) [Docket No. 17–                       [Docket No. 16–1761–MRT]                              1794–MRT]
                                                     1881–MRT]                                          50. United Heritage Credit Union,                     20. Royal Bank of Missouri, St. Louis,
                                                24. First State Bank, Barboursville, WV                      Austin, TX ($4,500) [Docket No. 16–                   MO [Docket No.18–1805–MRT]
                                                     ($4,500) [Docket No.16–1833–MRT]                        1725–MRT]                                        21. Southeast Funding Alliance,
                                                25. Fulton Savings Bank, Fulton, NY                     51. Wendover Financial Service                             Orlando, FL [Docket No. 15–1934–
                                                     ($4,500) [Docket No. 16–1735–MRT]                       Corporation, Greensboro, NC                           MRT]
                                                26. Gladewater National Bank,                                ($8,500) [Docket No. 16–1731–MRT]                22. Vanguard Funding, LLC., Garden
                                                     Gladewater, TX ($4,500) [Docket                    52. Wolverine Bank, FSB, Midland, MI                       City, NY [Docket No. 18–1848–
                                                     No. 16–1789–MRT]                                        ($4,500) [Docket No. 16–1752–MRT]                     MRT]
                                                27. Great Western Financial Services,                                                                         23. Vision Bank, N.A., Ada, OK [Docket
                                                     Plano, TX ($4,500) [Docket No.16–                  III. Lenders That Failed To Meet                           No. 16–1750–MRT]
                                                     1781–MRT]                                          Requirements for Annual                                 Dated: April 10, 2018.
                                                28. Herring Bank, Amarillo, TX ($4,500)                 Recertification of HUD/FHA Approval
                                                                                                                                                              Dana T. Wade,
                                                     [Docket No 17–1876–MRT]                            Action: The Board voted to withdraw
                                                29. Home Bank and Trust, Wichita, KS                                                                          General Deputy Assistant Secretary for
                                                                                                             the FHA approval of each of the                  Housing/FHA Commissioner, Chairman,
                                                     ($4,500) [Docket No. 17–1885–MRT]                       lenders listed below for a period of             Mortgagee Review Board.
                                                30. Hometown Bank of the Hudson
                                                                                                             one (1) year.                                    [FR Doc. 2018–08669 Filed 4–24–18; 8:45 am]
                                                     Valley, Walden, NY ($4,500)                        Cause: The Board took this action based               BILLING CODE 4210–67–P
                                                     [Docket No. 78716]                                      upon allegations that the lenders
                                                31. Idaho First Bank, Boise, ID ($4,500)
                                                                                                             listed below were not in
                                                     [Docket No. 16–1792–MRT]
                                                32. Industrial Bank N.A., Washington,                        compliance with HUD’s annual                     DEPARTMENT OF THE INTERIOR
                                                     DC ($4,500) [Docket No. 16–1784–                        recertification requirements.
                                                     MRT]                                               1. AAA Concordia Mortgage Corp., San                  Fish and Wildlife Service
                                                33. Intercap Lending Inc., Albuquerque,                      Juan, PR [Docket No.18–1839–MRT]                 [FWS–R3–ES–2018–N003;
                                                     NM ($4,500) [Docket No. 16–1749–                   2. Banco Popular North America, New                   FXES11130300000–189–FF03E00000]
                                                     MRT]                                                    York, NY [Docket No. 18–1840–
                                                34. Ixonia Bank, Ixonia, WI ($4,500)                         MRT]                                             Endangered and Threatened Wildlife
                                                     [Docket No. 16–1806–MRT]                           3. Bristol County Savings Bank,                       and Plants; Initiation of 5-Year Status
                                                35. Krkabob, Inc., d/b/a Argus Lending,                      Taunton, MA [Docket No. 16–1874–                 Reviews of Five Listed Animal Species
                                                     Pleasant Hill, CA ($4,500) [Docket                      MRT]
                                                     No. 16–1728–MRT]                                   4. Canon National Bank of Canon City,                 AGENCY:   Fish and Wildlife Service,
                                                36. Landings Credit Union, Tempe, AZ                         Canon City, CO [Docket No. 18–                   Interior.
                                                     ($4,500) [Docket No. 17–1841–MRT]                       1841–MRT]                                        ACTION: Notice of initiation of reviews;
                                                37. Mazuma Credit Union, Overland                       5. Citywide Bank, Denver, CO [Docket                  request for information.
                                                     Park, KS ($4,500) [Docket No. 16–                       No. 16–1741–MRT]
                                                                                                        6. Community 1st Federal Credit Union,                SUMMARY:   We, the U.S. Fish and
                                                     1801–MRT]
                                                38. New Windsor State Bank, New                              Miles City, MT [Docket No. 16–                   Wildlife Service, are initiating 5-year
                                                     Windsor, MD ($4,500) [Docket No.                        1760–MRT]                                        status reviews under the Endangered
                                                     16–1800–MRT]                                       7. Cooperativa De Ahorro Y Credito                    Species Act of 1973, as amended, for
                                                39. One Bank and Trust, N.A., Little                         Hermanos, Hato Rey, PR [Docket                   five animal species. A 5-year status
                                                     Rock, AR ($4,500) [Docket No. 16–                       No. 17–1722–MRT]                                 review is based on the best scientific
                                                     1793–MRT]                                          8. Covenant Bank, Clarksdale, MS                      and commercial data available at the
                                                40. Premier Members Credit Union,                            [Docket No. 16–1797–MRT]                         time of the review; therefore, we are
                                                                                                                                                              requesting submission of any such
sradovich on DSK3GMQ082PROD with NOTICES




                                                     Boulder, CO ($8,500) [Docket No.                   9. Eastland Financial Corp, Irvine, CA
                                                     17–1731–MRT]                                            [Docket No. 18–1842–MRT]                         information that has become available
                                                41. Prime Source Mortgage, Inc.,                        10. Ecom Mortgage Inc., Covina, CA                    since the last review for the species.
                                                     Murrieta, CA ($4,500) [Docket No.                       [Docket No. 18–1843–MRT]                         DATES: To ensure consideration, please
                                                     16–1858–MRT]                                       11. First Community Bank, Austin, TX                  send your written information by June
                                                42. Private Bank of Buckhead, Atlanta,                       [Docket No. 18–1844–MRT]                         25, 2018. However, we will continue to
                                                     GA ($4,500) [Docket No. 16–1740–                   12. First National Bank, Massillon, OH                accept new information about any listed
                                                     MRT]                                                    [Docket No. 18–1845–MRT]                         species at any time.


                                           VerDate Sep<11>2014   19:12 Apr 24, 2018   Jkt 244001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\25APN1.SGM   25APN1


                                                18076                        Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                ADDRESSES:   For instructions on how to                     and Threatened Wildlife and Plants                   distribution, abundance, demographics,
                                                submit information for each species, see                    (which we collectively refer to as the               and genetics;
                                                the table in the SUPPLEMENTARY                              List) in the Code of Federal Regulations               (B) Habitat conditions, including but
                                                INFORMATION section.                                        (CFR) at 50 CFR 17.11 (for animals) and              not limited to amount, distribution, and
                                                FOR FURTHER INFORMATION CONTACT: To                         17.12 (for plants). Section 4(c)(2)(A) of            suitability;
                                                request information, contact the                            the ESA requires us to review each                     (C) Conservation measures that have
                                                appropriate person in the table in the                      listed species’ status at least once every           been implemented that benefit the
                                                SUPPLEMENTARY INFORMATION section.                          5 years. Our regulations at 50 CFR                   species;
                                                Individuals who are hearing impaired or                     424.21 require that we publish a notice
                                                                                                                                                                   (D) Threat status and trends in
                                                speech impaired may call the Federal                        in the Federal Register announcing
                                                                                                                                                                 relation to the five listing factors (as
                                                Relay Service at 800–877–8339 for TTY                       those species under active review. For
                                                                                                                                                                 defined in section 4(a)(1) of the ESA);
                                                assistance.                                                 additional information about 5-year
                                                                                                                                                                 and
                                                SUPPLEMENTARY INFORMATION: We are                           reviews, go to http://www.fws.gov/
                                                                                                            endangered/what-we-do/recovery-                        (E) Other new information, data, or
                                                initiating 5-year status reviews under
                                                                                                            overview.html, scroll down to ‘‘Learn                corrections, including but not limited to
                                                the Endangered Species Act of 1973, as
                                                                                                            More about 5-Year Reviews,’’ and click               taxonomic or nomenclatural changes,
                                                amended (16 U.S.C. 1531 et seq.; ESA),
                                                                                                            on our factsheet.                                    identification of erroneous information
                                                for the Dakota skipper (Hesperia
                                                                                                                                                                 contained in the List, and improved
                                                dacotae), Higgin’s eye pearlymussel                         What information do we consider in                   analytical methods.
                                                (Lampsilis higginsii), Hine’s emerald                       our review?
                                                dragonfly (Somatochlora hineana),                                                                                  New information will be considered
                                                Niangua darter (Etheostoma nianguae),                          A 5-year review considers the best                in the 5-year review and ongoing
                                                and Poweshiek skipperling (Oarisma                          scientific and commercial data that have             recovery programs for the species.
                                                poweshiek).                                                 become available since the current                   What species are under review?
                                                                                                            listing determination or most recent
                                                Why do we conduct 5-year reviews?                           status review of each species, such as:                This notice announces our active 5-
                                                  Under the ESA (16 U.S.C. 1531 et                             (A) Species biology, including but not            year status reviews of the species in the
                                                seq.), we maintain Lists of Endangered                      limited to population trends,                        following table.

                                                                                                                               ANIMALS
                                                                                                                                               Final listing
                                                                                                                                              rule (Federal
                                                                        Scientific        Taxonomic          Listing                            Register       Contact person, email,   Contact person’s U.S.
                                                 Common name                                                            Where listed
                                                                         name               group            status                            citation and            phone                mail address
                                                                                                                                               publication
                                                                                                                                                   date)

                                                Dakota skipper       Hesperia            Butterfly ....     T          IA, IL, MN,            80 FR 59248;     Andrew Horton;           USFWS, 4101 Amer-
                                                                       dacotae.                                          ND, SD.                October 1,       Andrew_Horton@          ican Boulevard East,
                                                                                                                                                2015.            fws.gov; 952–252–       Bloomington, MN
                                                                                                                                                                 0092.                   55425.
                                                Higgins’ eye         Lampsilis           Mussel ......      E          IL, MN, MO,            41 FR 21062;     Tamara Smith;            USFWS, 4101 Amer-
                                                  pearlymussel.        higginsii.                                         WI.                   June 14,         Tamara_Smith@           ican Boulevard East,
                                                                                                                                                1976.            fws.gov; 952–252–       Bloomington, MN
                                                                                                                                                                 0092.                   55425.
                                                Hine’s emerald       Somatochlora        Insect ........    E          IL, IN, OH, WI         60 FR 5267,      Kristopher Lah;          USFWS, 230 South
                                                  dragonfly.           hineana.                                                                 January 26,      Kristopher_Lah@         Dearborn, Suite
                                                                                                                                                1995.            fws.gov; 312–216–       2398, Chicago, IL
                                                                                                                                                                 4720.                   60604.
                                                Niangua darter       Etheostoma          Fish ...........   T          MO .................   50 FR 24649;     Bryan Simmons;           USFWS, 101 Park
                                                                       nianguae.                                                                June 12,         Bryan_Simmons@          DeVille Drive, Suite
                                                                                                                                                1985.            fws.gov; 417–836–       A, Columbia, MO
                                                                                                                                                                 5302.                   65203.
                                                Poweshiek            Oarisma             Butterfly ....     E          IA, IL, IN, MI,        80 FR 59248;     Nick Utrup; Nick_        USFWS, 4101 Amer-
                                                  skipperling.        poweshiek.                                         MN, ND,                October 1,       Utrup@fws.gov;          ican Boulevard East,
                                                                                                                         SD, WI.                2015.            952–252–0092.           Bloomington, MN
                                                                                                                                                                                         55425.



                                                Request for Information                                     copies of any pertinent publications,                impaired or speech impaired may call
                                                                                                            reports, or letters by knowledgeable                 the Federal Relay Service at 800–877–
                                                  To ensure that a 5-year review is
                                                                                                            sources.                                             8339 for TTY assistance.
                                                complete and based on the best
                                                available scientific and commercial                         How do I ask questions or provide                    Public Availability of Submissions
                                                information, we request new
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                            information?
                                                information from all sources. See ‘‘What                                                                           Before including your address, phone
                                                Information Do We Consider in Our                             If you wish to provide information for             number, email address, or other
                                                Review?’’ for specific criteria. If you                     any species listed above, please submit              personal identifying information in your
                                                submit information, please support it                       your comments and materials to the                   comment, you should be aware that
                                                with documentation such as maps,                            appropriate contact in the table above.              your entire comment—including your
                                                bibliographic references, methods used                      You may also direct questions to those               personal identifying information—may
                                                to gather and analyze the data, and/or                      contacts. Individuals who are hearing                be made publicly available at any time.


                                           VerDate Sep<11>2014   19:12 Apr 24, 2018   Jkt 244001   PO 00000     Frm 00084   Fmt 4703    Sfmt 4703   E:\FR\FM\25APN1.SGM   25APN1


                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                            18077

                                                While you can ask us in your comment                    Fish and Wildlife Office, 2493 Portola                capture, or kill, any marine mammal.
                                                to withhold your personal identifying                   Road, Suite B, Ventura, CA 93003.                     Harassment, as defined by the MMPA,
                                                information from public review, we                        2. Fax: 805–644–3958, attention to                  means ‘‘any act of pursuit, torment, or
                                                cannot guarantee that we will be able to                Stephen P. Henry, Field Supervisor.                   annoyance which (i) has the potential to
                                                do so.                                                     3. Electronic mail (email): R8_SSO-                injure a marine mammal or marine
                                                  Comments and materials received will                  IHA_Comment@fws.gov. Please include                   mammal stock in the wild [the MMPA
                                                be available for public inspection, by                  your name and U.S. mail address in                    calls this Level A harassment], or (ii)
                                                appointment, during normal business                     your message.                                         has the potential to disturb a marine
                                                hours at the offices where the comments                    Document availability: Electronic                  mammal or marine mammal stock in the
                                                are submitted.                                          copies of the incidental harassment                   wild by causing disruption of behavioral
                                                Authority                                               authorization request, the Marine                     patterns, including, but not limited to,
                                                                                                        Mammal Monitoring Plan, the draft                     migration, breathing, nursing, breeding,
                                                  We publish this notice under the                      supplemental environmental                            feeding, or sheltering [the MMPA calls
                                                authority of the Endangered Species Act                 assessment, and other supporting                      this Level B harassment].’’
                                                of 1973, as amended (16 U.S.C. 1531 et                  materials, such as the list of references                The statutory terms ‘‘negligible
                                                seq.).                                                  used in this notice, may be obtained by               impact,’’ ‘‘small numbers,’’ and
                                                  Dated: February 12, 2018.                             writing to the address specified above,               ‘‘unmitigable adverse impact’’ are
                                                Lori H. Nordstrom,                                      telephoning the contact listed in FOR                 defined in the Code of Federal
                                                Assistant Regional Director, Ecological                 FURTHER INFORMATION CONTACT, or                       Regulations at 50 CFR 18.27, the
                                                Services, Midwest Region.                               visiting the internet at http://                      Service’s regulations governing take of
                                                [FR Doc. 2018–08630 Filed 4–24–18; 8:45 am]             www.fws.gov/ventura/endangered/                       small numbers of marine mammals
                                                BILLING CODE 4333–15–P                                  species/info/sso.html. Documents cited                incidental to specified activities.
                                                                                                        in this notice may also be viewed, by                 ‘‘Negligible impact’’ is defined as ‘‘an
                                                                                                        appointment, during regular business                  impact resulting from the specified
                                                DEPARTMENT OF THE INTERIOR                              hours, at the aforementioned U.S. mail                activity that cannot be reasonably
                                                                                                        address.                                              expected to, and is not reasonably likely
                                                Fish and Wildlife Service                                                                                     to, adversely affect the species or stock
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              through effects on annual rates of
                                                [FWS–R8–ES–2018–N012;                                   Lilian Carswell, Southern Sea Otter
                                                FXES111608MSSO0]                                                                                              recruitment or survival.’’ The term
                                                                                                        Recovery & Marine Conservation
                                                                                                                                                              ‘‘small numbers’’ is also defined in the
                                                                                                        Coordinator, (805) 677–3325, or by
                                                Marine Mammals; Incidental Take                                                                               regulations as ‘‘a portion of a marine
                                                                                                        email at Lilian_Carswell@fws.gov.
                                                During Specified Activities; Proposed                                                                         mammal species or stock whose taking
                                                                                                        SUPPLEMENTARY INFORMATION:                            would have a negligible impact on that
                                                Incidental Harassment Authorization
                                                                                                        Background                                            species or stock.’’ However, we do not
                                                AGENCY:    Fish and Wildlife Service,                                                                         rely on the definition of ‘‘small
                                                Interior.                                                  Sections 101(a)(5)(A) and (D) of the               numbers’’ here, as it conflates the terms
                                                ACTION:  Notice of receipt of application               Marine Mammal Protection Act of 1972,                 ‘‘small numbers’’ and ‘‘negligible
                                                and proposed incidental harassment                      as amended (MMPA; 16 U.S.C. 1371                      impact,’’ which we recognize as two
                                                authorization; request for comments.                    (a)(5)(A) and (D)), authorize the                     separate and distinct requirements. See
                                                                                                        Secretary of the Interior to allow, upon              NRDC v. Evans, 232 F. Supp. 2d 1003,
                                                SUMMARY:   We, the U.S. Fish and                        request, the incidental, but not                      1025 (N.D. Cal.). Instead, in our small
                                                Wildlife Service (Service), have received               intentional, taking of small numbers of               numbers determination, we evaluate
                                                an application from the United States                   marine mammals by U.S. citizens who                   whether the number of marine
                                                Coast Guard (USCG) for authorization to                 engage in a specified activity (other than            mammals likely to be taken is small
                                                take small numbers of marine mammals                    commercial fishing) within a specified                relative to the size of the overall
                                                by harassment incidental to the                         geographical region, provided that we                 population.
                                                replacement of pier piles and the                       make certain findings and either issue                   ‘‘Unmitigable adverse impact’’ is
                                                potable water line at USCG Station                      regulations or, if the taking is limited to           determined in reference to impacts on
                                                Monterey in Monterey County,                            harassment, provide a notice of a                     the availability of the species or stock(s)
                                                California. In accordance with                          proposed authorization to the public for              for subsistence uses. It is defined as ‘‘an
                                                provisions of the Marine Mammal                         review and comment.                                   impact resulting from the specified
                                                Protection Act of 1972, as amended, we                     We may grant authorization to                      activity (1) that is likely to reduce the
                                                request comments on our proposed                        incidentally take small numbers of                    availability of the species to a level
                                                authorization for the applicant to                      marine mammals if we find that the                    insufficient for a harvest to meet
                                                incidentally take, by harassment, small                 taking will have a negligible impact on               subsistence needs by (i) causing the
                                                numbers of southern sea otters during a                 the species or stock(s) and will not have             marine mammals to abandon or avoid
                                                1-year authorization period beginning                   an unmitigable adverse impact on the                  hunting areas, (ii) directly displacing
                                                on or before June 15, 2018. We                          availability of the species or stock(s) for           subsistence users, or (iii) placing
                                                anticipate no take by injury or death and               subsistence uses. As part of the                      physical barriers between the marine
                                                include none in this proposed                           authorization process, we prescribe                   mammals and the subsistence hunters;
                                                authorization, which would be for take                  permissible methods of taking and other               and (2) that cannot be sufficiently
                                                by harassment only.                                     means of effecting the least practicable
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              mitigated by other measures to increase
                                                DATES: Comments and information must                    impact on the species or stock and its                the availability of marine mammals to
                                                be received by May 25, 2018.                            habitat, and requirements pertaining to               allow subsistence needs to be met.’’
                                                ADDRESSES: Comment submission: You                      the monitoring and reporting of such                  Because this subsistence provision
                                                may submit comments by any one of the                   takings.                                              applies only to the taking of any marine
                                                following methods:                                         The term ‘‘take,’’ as defined by the               mammal by any Indian, Aleut, or
                                                  1. U.S. mail or hand-delivery: Stephen                MMPA, means to harass, hunt, capture,                 Eskimo who resides in Alaska and who
                                                P. Henry, Field Supervisor, Ventura                     or kill, or to attempt to harass, hunt,               dwells on the coast of the North Pacific


                                           VerDate Sep<11>2014   19:12 Apr 24, 2018   Jkt 244001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\25APN1.SGM   25APN1



Document Created: 2018-11-02 08:17:36
Document Modified: 2018-11-02 08:17:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of initiation of reviews; request for information.
DatesTo ensure consideration, please send your written information by June 25, 2018. However, we will continue to accept new information about any listed species at any time.
ContactTo request information, contact the appropriate person in the table in the SUPPLEMENTARY INFORMATION section. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800-877-8339 for TTY assistance.
FR Citation83 FR 18075 

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