48332 Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Rules and Regulations DEPARTMENT OF INTERIOR DATES: This finding was made on additional details, please see the Status August 10, 2020. Review Report (see ADDRESSES). Fish and Wildlife Service ADDRESSES: The Status Review Report ESA Statutory, Regulatory, and Policy are available on NMFS’ website at Provisions and Evaluation Framework 50 Part 17 https://www.fisheries.noaa.gov/species/ leatherback-turtle. Under the ESA, the term ‘‘species’’ includes any subspecies of fish or FOR FURTHER INFORMATION CONTACT: wildlife or plants, and any DPS of any DEPARTMENT OF COMMERCE Jennifer Schultz, NMFS Office of vertebrate fish or wildlife which Protected Resources, (301) 427–8443, interbreeds when mature (16 U.S.C. National Oceanic and Atmospheric [email protected]. Persons who Administration 1532(16)). The Services adopted a joint use a Telecommunications Device for policy clarifying their interpretation of the Deaf (TDD) may call the Federal 50 CFR Parts 223 and 224 the phrase ‘‘distinct population Information Relay Service (FIRS) at segment’’ for the purposes of listing, [Docket No. 200717–0190] 1–800–877–8339, 24 hours a day and 7 delisting, and reclassifying a species days a week. RIN 0648–XF748 under the ESA (‘‘Policy Regarding the SUPPLEMENTARY INFORMATION: Recognition of Distinct Vertebrate Endangered and Threatened Wildlife; Background Population Segments Under the 12-Month Finding on a Petition To Endangered Species Act,’’ 61 FR 4722 The leatherback turtle species as a Identify the Northwest Atlantic (Feb. 7, 1996; ‘‘DPS Policy’’). The DPS whole was listed as an endangered Leatherback Turtle as a Distinct Policy stipulates two elements that must species (one determined to be Population Segment and List It as be considered: (1) Discreteness of the threatened with worldwide extinction) Threatened Under the Endangered population segment in relation to the (35 FR 8491; June 2, 1970), under the Species Act remainder of the species to which it Endangered Species Conservation Act of belongs; and (2) the significance of the AGENCY: National Marine Fisheries 1969, the precursor statute to the ESA population segment to the species to Service (NMFS), National Oceanic and (16 U.S.C. 1531 et seq.). When the ESA which it belongs. Atmospheric Administration (NOAA), was enacted in 1973, it specifically Section 3 of the ESA defines an Commerce; U.S. Fish and Wildlife provided for continuity with the lists endangered species as any species Service (USFWS), Interior. previously in effect under the which is in danger of extinction ACTION: Notification of 12-month Endangered Species Conservation Act. throughout all or a significant portion of petition finding. Section 4(c)(3) of the ESA directed that its range and a threatened species as one species on the lists of endangered which is likely to become an SUMMARY: We, NMFS and USFWS, foreign or native wildlife at the time the endangered species within the announce a 12-month finding on a ESA took effect would be deemed foreseeable future throughout all or a petition to identify the Northwest ‘‘endangered species’’ under the ESA significant portion of its range (16 Atlantic population of the leatherback without interruption. See 39 FR 1444 U.S.C. 1532(6) and (20)). Thus, we turtle (Dermochelys coriacea) as a (January 9, 1974) (explaining transition interpret an ‘‘endangered species’’ to be distinct population segment (DPS) and provisions); 39 FR 1158, 1172 (January one that is presently in danger of list it as threatened under the 4, 1974) (setting out the final list of extinction. A ‘‘threatened species,’’ on Endangered Species Act (ESA). In ‘‘endangered foreign wildlife,’’ the other hand, is not presently in response to the petition, we completed including ‘‘Turtle, Leatherback’’ at 50 danger of extinction, but is likely to a comprehensive status review of the CFR 17.11). become so within the foreseeable future species, which also constitutes the 5- On September 20, 2017, the Blue (that is, within a specified later time). In year review of the species, to determine Water Fishermen’s Association other words, the primary statutory potential DPSs following the Policy petitioned NMFS and USFWS (together, difference between a threatened and Regarding the Recognition of Distinct the Services) to identify the Northwest endangered species is the timing of Vertebrate Population Segments Under (NW) Atlantic leatherback turtle when a species may be in danger of the ESA and to perform extinction risk population as a DPS and to list it as extinction, either presently analyses. Based on the best scientific threatened under the ESA. On December (endangered) or within the foreseeable and commercial data available, 6, 2017, NMFS published a ‘‘positive’’ future (threatened). The ESA uses the including the Status Review Report, and 90-day finding in the Federal Register term ‘‘foreseeable future’’ to refer to the after taking into account efforts made to (82 FR 57565) announcing the time over which identified threats are protect the species, we conclude that determination that the petition likely to impact the biological status of seven populations would meet the presented substantial information the species. The duration of the discreteness and significance criteria for indicating that the petitioned action ‘‘foreseeable future’’ in any recognition as DPSs, including the may be warranted. At that time, NMFS circumstance is inherently fact-specific Northwest Atlantic population. also solicited information on and depends on the particular kinds of However, even if we were to list them leatherback turtles and announced that threats, the life-history characteristics, separately, all seven DPSs would meet it would commence, jointly with and the specific habitat requirements for the definition for endangered species USFWS, a status review of the entire the species under consideration. The (i.e., they are in danger of extinction listed species, pursuant to ESA section existence of threats to a species and the throughout all or a significant portion of 4(b)(3)(A) and 50 CFR 424.14. The species’ response to such threats are not, their range). The species is already resulting Status Review Report includes in general, equally predictable or listed as endangered throughout its all information used to evaluate the foreseeable. Hence, in some cases, the range. We have determined that the petitioned actions and explains the ability to foresee a threat to a species is listing of DPSs is not warranted, and process followed by the Status Review greater than the ability to foresee the therefore we do not propose any Team (i.e., the Team). The following species’ exact response, or the changes to the existing global listing. summarizes that information; for timeframe of such a response, to that VerDate Sep<11>2014 21:52 Aug 07, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10AUR2.SGM 10AUR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Rules and Regulations 48333 threat. For purposes of making this 12- received in the petition and in response with all the requirements of Section 4 of month finding, the relevant to the Federal Register request the ESA and considering agency consideration is whether the species’ associated with the 90-day finding (82 policies. Because we ultimately population response (i.e., abundance, FR 57565; December 6, 2017). The Team conclude for the reasons discussed in productivity, spatial distribution, also requested leatherback nesting data this finding that it would not be diversity) is foreseeable, not merely from beach monitoring programs. To appropriate to disaggregate the existing whether the emergence of a threat is evaluate recent abundance and trends, global listing into DPSs, references in foreseeable. The foreseeable future unpublished nesting beach monitoring the Status Review Report (and in this extends only as far as we are able to datasets were often the best available finding when we are reviewing the reliably predict the species’ population data (i.e., most recent and relevant). The information presented by the Team) response to threats. Team assessed these data in terms of must be understood as references to Pursuant to the ESA and our standardization (i.e., the use of potential or hypothetical DPSs only. implementing regulations, we determine standardized methodology), consistency The Team evaluated significance in whether a species is threatened or (i.e., consecutive seasonal data terms of the importance of the endangered based on any one or a collection), and duration of data population segment to the overall combination of the following ESA collection (i.e., the number of years that welfare of the species, such as: (1) section 4(a)(1) factors or threats (16 data were collected). When evaluating Persistence of the population segment in U.S.C. 1533(a)(1), 50 CFR 424.11(c)): threats, peer-reviewed information, an unusual or unique ecological setting; 1. The present or threatened specifically primary research with large (2) evidence that loss of the population destruction, modification, or sample sizes and long-term sampling segment would result in a significant curtailment of its habitat or range; duration, was often the best available gap in the range of the taxon; (3) 2. Overutilization for commercial, data. In some locations, reports from evidence that the DPS represents the recreational, scientific, or educational governments or non-governmental only surviving natural occurrence of a purposes; organizations and expert opinion taxon that may be more abundant 3. Disease or predation; constituted the best available elsewhere as an introduced population 4. Inadequacy of existing regulatory information. The Team also addressed outside its historic range; or (4) mechanisms; or the source and magnitude of any evidence that the population segment 5. Other natural or manmade factors uncertainty and the impact on its differs markedly from other populations affecting its continued existence, which conclusions.