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Department of the Interior Department of Commerce Tuesday, March 16, 2010 Part II Department of the Interior Fish and Wildlife Service Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 17, 223, and 224 Endangered and Threatened Species; Proposed Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or Threatened; Proposed Rule VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12598 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR 13657, Silver Spring, MD 20910 or ‘‘Listing Determinations Under the ESA’’ USFWS National Sea Turtle section provided below. Specifically, we Fish and Wildlife Service Coordinator, U.S. Fish and Wildlife are soliciting information in the Service, 7915 Baymeadows Way, Suite following areas relative to loggerhead 50 CFR Part 17 200, Jacksonville, FL 32256. turtles within the nine proposed DPSs: • Fax: To the attention of NMFS (1) Historical and current population DEPARTMENT OF COMMERCE National Sea Turtle Coordinator at 301– status and trends, (2) historical and 713–0376 or USFWS National Sea current distribution, (3) migratory National Oceanic and Atmospheric Turtle Coordinator at 904–731–3045. movements and behavior, (4) genetic Administration Instructions: All comments received population structure, (5) current or are a part of the public record and will planned activities that may adversely 50 CFR Parts 223 and 224 generally be posted to http:// impact loggerhead turtles, and (6) [Docket No. 100104003–0004–01] www.regulations.gov without change. ongoing efforts to protect loggerhead All Personal Identifying Information (for turtles. We are also soliciting RIN 0648–AY49 example, name, address, etc.) information and comment on the status voluntarily submitted by the commenter and effectiveness of conservation efforts Endangered and Threatened Species; may be publicly accessible. Do not and the approach that should be used to Proposed Listing of Nine Distinct submit Confidential Business weigh the risk of extinction of each DPS. Population Segments of Loggerhead Information or otherwise sensitive or Comments and new information will be Sea Turtles as Endangered or protected information. considered in making final Threatened NMFS and USFWS will accept determinations whether listing of each AGENCY: National Marine Fisheries anonymous comments (enter N/A in the DPS is warranted and if so whether it is Service (NMFS), National Oceanic and required fields, if you wish to remain threatened or endangered. We request Atmospheric Administration (NOAA), anonymous). Attachments to electronic that all data, information, and Commerce; United States Fish and comments will be accepted in Microsoft comments be accompanied by Wildlife Service (USFWS), Interior. Word, Excel, WordPerfect, or Adobe supporting documentation such as maps, bibliographic references, or ACTION: PDF file formats only. The proposed Proposed rules; 12-month reprints of pertinent publications. petition findings; request for comments. rule is available electronically at http://www.nmfs.noaa.gov/pr. Background SUMMARY: We (NMFS and USFWS; also FOR FURTHER INFORMATION CONTACT: We issued a final rule listing the collectively referred to as the Services) Barbara Schroeder, NMFS (ph. 301– have determined that the loggerhead sea loggerhead sea turtle as threatened 713–1401, fax 301–713–0376, e-mail throughout its worldwide range on July turtle (Caretta caretta) is composed of [email protected]), Sandy 28, 1978 (43 FR 32800). On July 12, nine distinct population segments MacPherson, USFWS (ph. 904–731– 2007, we received a petition to list the (DPSs) that qualify as ‘‘species’’ for 3336, e-mail ‘‘North Pacific populations of loggerhead listing as endangered or threatened _ sandy [email protected]), Marta sea turtle’’ as an endangered species under the Endangered Species Act Nammack, NMFS (ph. 301–713–1401, under the ESA. NMFS published a (ESA), and we propose to list two as fax 301–713–0376, e-mail notice in the Federal Register on threatened and seven as endangered. _ marta [email protected]), or Emily November 16, 2007 (72 FR 64585), This also constitutes the 12-month Bizwell, USFWS (ph. 404–679–7149, fax concluding that the petitioners (Center findings on a petition to reclassify 404–679–7081, e-mail for Biological Diversity and Turtle _ loggerhead turtles in the North Pacific emily [email protected]). Persons who Island Restoration Network) presented Ocean as a DPS with endangered status use a Telecommunications device for substantial scientific information and designate critical habitat, and a the deaf (TDD) may call the Federal indicating that the petitioned action petition to reclassify loggerhead turtles Information Relay Service (FIRS) at may be warranted. Also, on November in the Northwest Atlantic as a DPS with 1–800–877–8339, 24 hours a day, 7 days 15, 2007, we received a petition to list endangered status and designate critical a week. the ‘‘Western North Atlantic populations habitat. We will propose to designate SUPPLEMENTARY INFORMATION: of loggerhead sea turtle’’ as an critical habitat, if found to be prudent endangered species under the ESA. Public Comments Solicited and determinable, for the two NMFS published a notice in the Federal loggerhead sea turtle DPSs occurring We solicit public comment on this Register on March 5, 2008 (73 FR within the United States in a subsequent proposed listing determination. We 11849), concluding that the petitioners Federal Register notice. intend that any final action resulting (Center for Biological Diversity and DATES: Comments on this proposal must from this proposal will be as accurate Oceana) presented substantial scientific be received by June 14, 2010. Public and as effective as possible and information indicating that the hearing requests must be received by informed by the best available scientific petitioned action may be warranted. June 1, 2010. and commercial information. Therefore, On March 12, 2009, the petitioners ADDRESSES: You may submit comments, we request comments or information (Center for Biological Diversity, Turtle identified by the RIN 0648–AY49, by from the public, other concerned Island Restoration Network, and any of the following methods: governmental agencies, the scientific Oceana) sent a 60-day notice of intent to • Electronic Submissions: Submit all community, industry, or any other sue to the Services for failure to make electronic public comments via the interested party concerning this 12-month findings on the petitions. The Federal eRulemaking Portal. proposed rule. We are seeking statutory deadlines for the 12-month • Mail: NMFS National Sea Turtle information and comments on whether findings were July 16, 2008, for the Coordinator, Attn: Loggerhead Proposed the nine proposed loggerhead sea turtle North Pacific petition and November 16, Listing Rule, Office of Protected DPSs qualify as DPSs and, if so, whether 2008, for the Northwest Atlantic Resources, National Marine Fisheries they should be classified as threatened petition. On May 28, 2009, the Service, 1315 East-West Highway, Room or endangered as described in the petitioners filed a Complaint for VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12599 Declaratory and Injunctive Relief to warranted.’’ The DPS Policy requires the educational purposes; (3) disease or compel the Services to complete the consideration of two elements when predation; (4) the inadequacy of existing 12-month findings. On October 8, 2009, evaluating whether a vertebrate regulatory mechanisms; or (5) other the petitioners and the Services reached population segment qualifies as a DPS natural or manmade factors affecting its a settlement in which the Services under the ESA: (1) The discreteness of continued existence (section 4(a)(1)(A– agreed to submit to the Federal Register the population segment in relation to E)). We are to make this determination a 12-month finding on the two petitions the remainder of the species or based solely on the best available on or before February 19, 2010. On subspecies to which it belongs; and (2) scientific and commercial data available February 16, 2010, the United States the significance of the population after conducting a review of the status District Court for the Northern District segment to the species or subspecies to of the species and taking into account of California modified the February 19, which it belongs. any efforts being made by States or 2010 deadline to March 8, 2010. A population segment of a vertebrate foreign governments to protect the In early 2008, NMFS assembled a species may be considered discrete if it species. Loggerhead Biological Review Team satisfies either one of the following (BRT) to complete a status review of the conditions: (1) It is markedly separated Biology and Life History of Loggerhead loggerhead sea turtle. The BRT was from other populations of the same Turtles composed of biologists from NMFS, taxon (an organism or group of A thorough account of loggerhead USFWS, the Florida Fish and Wildlife organisms) as a consequence of biology and life history may be found in Conservation Commission, and the physical, ecological, or behavioral the Status Review, which is North Carolina Wildlife Resources
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