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and willfully offer, pay, solicit, or Services (the Department), other Federal included in any response to this receive remuneration to induce or and State agencies, and those in the solicitation. reward business reimbursable under health care industry. A. Criteria for Modifying and Federal health care programs. The C. Section 205 of the Health Insurance Establishing Safe Harbor Provisions offense is classified as a felony and is Portability and Accountability Act of punishable by fines of up to $25,000 In accordance with section 205 of and imprisonment for up to 5 years. OIG 1996 HIPAA, we will consider a number of may also impose civil money penalties, Section 205 of the Health Insurance factors in reviewing proposals for new in accordance with section 1128A(a)(7) Portability and Accountability Act of or modified safe harbor provisions, such of the Act (42 U.S.C. 1320a–7a(a)(7)), or 1996 (HIPAA), Public Law 104–191 as the extent to which the proposals exclusion from Federal health care would affect an increase or decrease in: § 205 (the Act), § 1128D, 42 U.S.C. • programs, in accordance with section Access to health care services, 1320a–7d, requires the Department to • 1128(b)(7) of the Act (42 U.S.C. 1320a– the quality of health care services, develop and publish an annual • patient freedom of choice among 7(b)(7)). notification in the Federal Register Because the statute, on its face, is so health care providers, formally soliciting proposals for • competition among health care broad, concern has been expressed for modifying existing safe harbors to the many years that some relatively providers, anti-kickback statute and for developing • the cost to Federal health care innocuous commercial arrangements new safe harbors and Special Fraud programs, may be subject to criminal prosecution Alerts. • the potential overutilization of or administrative sanction. In response In developing safe harbors for a health care services, and to the above concern, section 14 of the criminal statute, OIG thoroughly • the ability of health care facilities to Medicare and Medicaid Patient and reviews the range of factual provide services in medically Program Protection Act of 1987, Public circumstances that may fall within the underserved areas or to medically Law 100–93 § 14, specifically required underserved populations. the development and promulgation of proposed safe harbor subject area so as to uncover potential opportunities for In addition, we will consider other regulations, the so-called ‘‘safe harbor’’ factors, including, for example, the provisions, specifying various payment fraud and abuse. Only then can OIG determine, in consultation with the U.S. existence (or nonexistence) of any and business practices that, although potential financial benefit to health care potentially capable of inducing referrals Department of Justice, whether it can effectively develop regulatory professionals or providers that may take of business reimbursable under Federal into account their decisions whether to health care programs, would not be limitations and controls that will permit beneficial and innocuous arrangements (1) order a health care item or service or treated as criminal offenses under the (2) arrange for a referral of health care anti-kickback statute and would not within a subject area while, at the same time, protecting Federal health care items or services to a particular serve as a basis for administrative practitioner or provider. sanctions. OIG safe harbor provisions programs and their beneficiaries from have been developed ‘‘to limit the reach abusive practices. B. Criteria for Developing Special Fraud of the statute somewhat by permitting II. Solicitation of Additional New Alerts certain non-abusive arrangements, while Recommendations and Proposals In determining whether to issue encouraging beneficial and innocuous additional Special Fraud Alerts, we will arrangements’’ (56 FR 35952, July 29, In accordance with the requirements consider whether, and to what extent, 1991). Health care providers and others of section 205 of HIPAA, OIG last the practices that would be identified in may voluntarily seek to comply with published a Federal Register a new Special Fraud Alert may result in these provisions so that they have the solicitation notification for developing any of the consequences set forth above, assurance that their business practices new safe harbors and Special Fraud as well as the volume and frequency of will not be subject to liability under the Alerts on December 28, 2016 (81 FR the conduct that would be identified in anti-kickback statute or related 95551). As required under section 205 the Special Fraud Alert. administrative authorities. OIG safe of the Act, a status report of the Dated: December 12, 2017. harbor regulations are found at 42 CFR proposals OIG received for new and part 1001. modified safe harbors in response to Daniel R. Levinson, that solicitation notification is set forth Inspector General. B. OIG Special Fraud Alerts in Appendix F of OIG’s Fall 2017 [FR Doc. 2017–27117 Filed 12–26–17; 8:45 am] OIG periodically issues Special Fraud Semiannual Report to Congress.1 OIG is BILLING CODE 4152–01–P Alerts to give continuing guidance to not seeking additional public comment health care providers with respect to on the proposals listed in Appendix F practices OIG considers to be suspect or at this time. Rather, this notification DEPARTMENT OF THE INTERIOR of particular concern. The Special Fraud seeks additional recommendations Alerts encourage industry compliance regarding the development of new or Fish and Wildlife Service by giving providers guidance that can be modified safe harbor regulations and applied to their own practices. OIG new Special Fraud Alerts beyond those 50 CFR Part 17 Special Fraud Alerts are published in summarized in Appendix F. [Docket No. FWS–HQ–ES–2017–0047; the Federal Register and on our website A detailed explanation of 4500090024] and are intended for extensive justifications for, or empirical data RIN 1018–BC83 distribution. supporting, a suggestion for a safe In developing Special Fraud Alerts, harbor or Special Fraud Alert would be Endangered and Threatened Wildlife OIG relies on a number of sources and helpful and should, if possible, be and Plants; Listing the consults directly with experts in the as an Endangered subject field, including those within 1 The OIG Semiannual Report to Congress can be OIG, other agencies of the U.S. accessed through the OIG website at http:// AGENCY: Fish and Wildlife Service, Department of Health and Human oig.hhs.gov/publications/semiannual.asp. Interior.

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ACTION: Proposed rule. and Wildlife Service, MS: ES, 5275 and existing regulations that may be Leesburg Pike, Falls Church, VA 22041– addressing those threats. SUMMARY: We, the U.S. Fish and 3803; telephone, 703–358–2171; (4) Additional information concerning Wildlife Service (Service), announce a facsimile, 703–358–2499. If you use a the historical and current status, range, proposed rule and a 12-month finding telecommunications device for the deaf distribution, and population size of the on a petition to list the Yangtze sturgeon (TDD), call the Federal Relay Service at species, including the locations of any ( dabryanus) as an endangered 800–877–8339. additional populations of the species. species under the Endangered Species SUPPLEMENTARY INFORMATION: Please include sufficient information Act of 1973, as amended (Act). Loss of with your submission (such as scientific individuals due to overharvesting on the Information Requested journal articles or other publications) to Yangtze River is the main factor that Public Comments allow us to verify any scientific or contributed to the historical decline of commercial information you include. the species. Despite conservation efforts, Our intent, as required by the Act (16 Please note that submissions merely this species is still currently in decline U.S.C. 1531 et seq.), is to use the best stating support for or opposition to the due primarily to the effects of dams and available scientific and commercial data action under consideration without bycatch. If we finalize this rule as as the foundation for all endangered and providing supporting information, proposed, it would extend the Act’s threatened species classification although noted, will not be considered protections to this species. We seek decisions. Further, we want any final in making a determination, as section information from the public on this rule resulting from this proposal to be 4(b)(1)(A) of the Act directs that proposed rule and the status review for as accurate and effective as possible. determinations as to whether any this species. Therefore, we invite the range country, governmental agencies, the scientific species is an endangered or threatened DATES: We will consider comments and species must be made ‘‘solely on the information received or postmarked on community, industry, and other interested parties to submit comments basis of the best scientific and or before February 26, 2018. Comments commercial data available.’’ submitted electronically using the regarding this proposed rule. Comments should be as specific as possible. You may submit your comments and Federal eRulemaking Portal (see materials concerning this proposed rule ADDRESSES, below) must be received by Before issuing a final rule to implement this proposed action, we will by one of the methods listed in 11:59 p.m. Eastern Time on the closing ADDRESSES. We request that you send date. We must receive requests for take into account all comments and any additional relevant information we comments only by the methods public hearings, in writing, at the described in ADDRESSES. address shown in FOR FURTHER receive. Such communications may lead to a final rule that differs from our If you submit information via http:// INFORMATION CONTACT by February 12, www.regulations.gov, your entire 2018. proposal. For example, new information or analysis may lead to a threatened submission—including any personal ADDRESSES: Document availability: This status instead of an endangered status identifying information—will be posted finding is available on the internet at for this species, or we may determine on the website. If your submission is http://www.regulations.gov at Docket that this species does not warrant listing made via a hardcopy that includes No. FWS–HQ–ES–2017–0047. based on the best available information personal identifying information, you Written comments: You may submit when we make our determination. All may request at the top of your document comments by one of the following comments, including commenters’ that we withhold this information from methods: names and addresses, if provided to us, public review. However, we cannot (1) Electronically: Go to the Federal will become part of the administrative guarantee that we will be able to do so. eRulemaking Portal: http:// record. For this species, we particularly We will post all hardcopy submissions www.regulations.gov. In the Search box, seek comments concerning: on http://www.regulations.gov. enter FWS–HQ–ES–2017–0047, which (1) The species’ , ranges, and Comments and materials we receive, is the docket number for this population trends, including: as well as supporting documentation we rulemaking. Then, in the Search panel (a) Biological or ecological used in preparing this proposed rule, on the left side of the screen, under the requirements of the species, including will be available for public inspection Document heading, click on the habitat requirements for feeding, on http://www.regulations.gov, or by Proposed Rules link to locate this breeding, and sheltering; appointment, during normal business document. You may submit a comment (b) Genetics and ; hours, at the U.S. Fish and Wildlife by clicking on ‘‘Comment Now!’’ (c) Historical and current range, Service, Headquarters Office (see FOR (2) By hard copy: Submit by U.S. mail including distribution patterns; FURTHER INFORMATION CONTACT). or hand-delivery to: Public Comments (d) Historical and current population Public Hearing Processing, Attn: FWS–HQ–ES–2017– levels, and current and projected trends; 0047; U.S. Fish and Wildlife Service, and Section 4(b)(5) of the Act provides for MS: BPHC, 5275 Leesburg Pike, Falls (e) Past and ongoing conservation one or more public hearings on this Church, VA 22041–3803. measures for the species, its habitat, or proposal, if requested. Requests must be We request that you send comments both. received by the date listed above in only by the methods described above. (2) Factors that may affect the DATES. Such requests must be sent to the We will post all comments on http:// continued existence of the species, address shown in FOR FURTHER www.regulations.gov. This generally which may include habitat modification INFORMATION CONTACT. We will schedule means that we will post any personal or destruction, overutilization, disease, public hearings on this proposal, if any information you provide us (see Public predation, the inadequacy of existing are requested, and announce the dates, Comments, below, for more regulatory mechanisms, or other natural times, and places of those hearings, as information). or manmade factors. well as how to obtain reasonable FOR FURTHER INFORMATION CONTACT: (3) Biological, commercial trade, or accommodations, in the Federal Janine Van Norman, Branch of Foreign other relevant data concerning any Register and local newspapers at least Species, Ecological Services, U.S. Fish threats (or lack thereof) to the species 15 days before the hearing.

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Peer Review within the jurisdiction of the Service. Species Description In accordance with our joint policy on Therefore, in April 2012, the Service The Yangtze sturgeon is a freshwater peer review published in the Federal notified WildEarth Guardians that we fish species that attains a maximum size Register on July 1, 1994 (59 FR 34270), have jurisdiction over the 10 sturgeon of around 130 centimeters (4.3 feet (ft)) we solicited the expert opinion of six species, listed below. and a maximum weight of about 16 appropriate and independent specialists On September 24, 2013, we published kilograms (35 pounds) (Billiard and for peer review of the Species Status in the Federal Register (78 FR 58507) a Lecointre 2000, p. 368; Zhuang et al. Assessment (SSA) that provides the 90-day finding that found that the 1997, pp. 257, 259). The species has a biological basis for this proposed listing petition presented substantial scientific triangular head, an elongated snout, and determination. The purpose of peer and commercial information indicating large blowholes (Gao et al. 2009b, p. review is to ensure that our listing that the petitioned action may be 117). Yangtze have tactile determinations are based on warranted for the following 10 sturgeon barbels at the front of their mouths that scientifically sound data, assumptions, species included in the petition: they use to dig for food. On the dorsal and analyses. Their comments and Siberian sturgeon (Acipenser baerii), side, the Yangtze sturgeons are dark suggestions can be found at (https:// Yangtze sturgeon (A. dabryanus), gray, brownish-gray, or yellow-gray in www.fws.gov/endangered/improving_ color. The rest of the body is milky _ _ Russian sturgeon (A. gueldenstaedtii), ESA/peer review process.html). ship sturgeon (A. nudiventris), Persian white in color (Zhuang et al. 1997, p. 259). Previous Federal Actions sturgeon (A. persicus), sturgeon On March 12, 2012, the National (A. schrenckii), stellate sturgeon (A. Taxonomy Marine Fisheries Service (NMFS) stellatus), Syr-Darya sturgeon Historically, the Yangtze sturgeon received a petition dated March 8, 2012, ( fedtschenkoi), coexisted alongside the Chinese from WildEarth Guardians and Friends dwarf sturgeon (P. hermanni), and Amu sturgeon in the Yangtze River. Initial of to list as endangered or Darya sturgeon (P. kaufmanni). This attempts to differentiate the two species threatened under the Act the following document constitutes our review and included using morphological measures. 15 sturgeon species: Adriatic sturgeon determination of the status of the However, morphological characteristics (Acipenser naccarii); Baltic sturgeon (A. Yangtze sturgeon, our publication of our can be influenced by differences in sturio); Russian sturgeon (A. 12-month finding on this species, and environmental conditions. For example, gueldenstaedtii); ship sturgeon (A. our proposed rule to list this species. wild Yangtze sturgeon display grey color on the sides of their bodies while nudiventris); Persian sturgeon (A. Background persicus); stellate sturgeon (A. stellatus); those bred in captivity sometimes Siberian sturgeon (A. baerii); Yangtze A thorough review of the taxonomy, display a darker color (Li et al. 2015, p. sturgeon (A. dabryanus); Chinese life history, ecology, and overall 186). sturgeon (A. sinensis); Sakhalin viability of the Yangtze sturgeon is Due to similarities in their sturgeon (A. mikadoi); Amur sturgeon presented in the Species Status morphology, the two sturgeons were not (A. schrenckii); Kaluga sturgeon ( Assessment (SSA) for the Yangtze identified as separate species until 1869, dauricus); Syr Darya sturgeon sturgeon (Service 2017; available at based on collection of specimens (Pseudoscaphirhynchus fedtschenkoi); http://www.regulations.gov at Docket obtained from the Yangtze River dwarf sturgeon (P. hermanni); and Amu No. FWS–HQ–ES–2017–0047). The SSA (Zhuang et al. 1997, p. 257). Multiple Darya sturgeon (P. kaufmanni). The documents the results of the studies since have shown the Yangtze and Chinese sturgeons are very closely petition states that all 15 petitioned comprehensive biological status review sturgeon species are affected by similar related and can be considered to be for the Yangtze sturgeon and provides threats, which are primarily: Legal and sister species (Krieger et al. 2008, p. 41; an account of the species’ overall illegal harvest for meat and/or roe; Zhu et al. 2008, p. 32; Zhang et al. 2000, viability through forecasting of the habitat loss and degradation, including p. 136). A study of mitochondrial DNA species’ condition in the future (Service dams or dam construction; and water found that Yangtze and Chinese 2017, entire). In the SSA, we summarize pollution. The petition is available at sturgeon have a divergence value of 0.3 https://www.regulations.gov/ the relevant biological data and a percent. This is in contrast to Chinese document?D=FWS-HQ-ES-2013-0051- description of past, present, and likely sturgeon and starry sturgeon (Acipenser 0003. future stressors and conduct an analysis stellatus), which have a divergence NMFS acknowledged receipt of this of the viability of the species. The SSA value of 7.7 percent (Zhang et al. 2000, petition in a letter dated April 14, 2012, provides the scientific basis that informs pp. 133–134). While these results and informed the petitioners that NMFS our regulatory decision regarding suggest that Yangtze and Chinese would determine, under section 4 of the whether this species should be listed as sturgeon are closely related species, Act, whether the petition presents an endangered or threatened species taxonomic confusion regarding the two substantial scientific or commercial under the Act. This decision involves species continued well into the 1960s information indicating that the the application of standards within the (Li J. et al. 2015, p. 186). In addition to petitioned action may be warranted. Act, its implementing regulations, and genetic similarities, Yangtze and Although the petition was initially sent Service policies (see Determination, Chinese sturgeon share the same habitat to NMFS, as a result of subsequent below). The SSA contains the risk and multiple studies suggest that discussions between NMFS and the analysis on which this determination is Yangtze sturgeon may be a landlocked Service regarding the August 28, 1974, based, and the following discussion is a ecotype of the Chinese sturgeon (Kynard Memorandum of Understanding summary of the results and conclusions 2016, pers. comm.; Li J. et al. 2015, p. pertaining to ‘‘Jurisdictional from the SSA. We solicited peer review 186; Krieger et al. 2008, p. 42; Zhang et Responsibilities and Listing Procedures of the draft SSA from six qualified al. 2000, p. 136). Under the Endangered Species Act of experts. We received responses from Despite similarities between Yangtze 1973,’’ we have determined that 10 of one of the reviewers, and we modified and Chinese sturgeon, there are the 15 petitioned sturgeon species are the SSA as appropriate. differences between the two species.

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Yangtze and Chinese sturgeon can be days before dispersing downstream River segment, which stretches from the differentiated by the different ecoregion (Kynard et al. 2003, pp. 33–34; Zhuang headwater in Yushu in the Tibetan they inhabit. The Chinese sturgeon is an et al. 1997, p. 262). Yangtze sturgeons Plateau to Yibin, a distance of about anadromous species (species that spawn do not start their migration downriver 2,300 km (1,429 mi), and the upper in freshwater and spend most of its life until they become juveniles. Yangtze River, which stretches from at sea) that migrates between coastal Juvenile sturgeons disperse around Yibin to the Three Gorges region at feeding grounds and spawning grounds 100 to 200 kilometers (km) (62 to 124 , a distance of about 1,000 km in both the Yangtze River and the Pearl miles (mi)) downstream from their (621 mi) (Cheng et al. 2015, p. 571; Jiang River. On the other hand, the Yangtze spawning ground and arrive in et al. 2008, p. 1471; Fu et al. 2003, p. sturgeon is a potamodromous species (a backwater pools and sandy shallows 1651). Four major feed into species that conducts its entire life cycle with low velocity flow and rich mud the upper Yangtze. They are: the Min, in freshwater) that migrates between and sand substrate where they feed on Tuo, Jialing, and the Wu River (Chen Z. feeding grounds and spawning grounds insects, aquatic plants, and small fish et al. 2001, p. 78). The middle reach is entirely within the Yangtze River basin (Zhang et al. 2011, p. 184; Zhuang et al. from Yichang to Hukou, a distance of (Kynard et al. 2003, p. 28; Zhuang et al. 1997, p. 259). During the spring flood on about 950 km (590 mi). The Yangtze 1997, pp. 257–295). the main stem of the Yangtze River, River widens in this segment and is In addition to differences in their life juveniles will move to the tributaries to identified by multiple large lakes, history, these two species can also be feed. Young sturgeons will remain in including Lake Dongting and Lake differentiated based on their these feeding reaches until they reach Poyang. The lower reach stretches from mitochondrial and nuclear DNA (Li J. et maturity (4 to 6 years for males and 6 Hukou to the mouth of the river at al. 2015, pp. 185, 194). Therefore, to 8 years for females) after which they Shanghai, a distance of about 930 km despite possessing morphological and begin migrating upstream towards the (577 mi) (Fu et al. 2003, p. 1651). genetic similarities, there are differences spawning ground during the spring Historically, the Yangtze sturgeon was in the habitat, life history flood (Zhuang et al. 1997, p. 261). found in the lower portion of the Jinsha characteristics, and genetic makeup River and the upper, middle, and lower between the two species. We thus Habitat reaches of the Yangtze River, a distance accept the Yangtze sturgeon as a The Yangtze sturgeon is found in of about 1,300 km (807 mi) (Wu et al. separate species as classified below: sandy shoal with silt ground and gentle 2014, p. 5). The majority of historical Class: to moderate water flow (Bemis and sightings occurred in the lower Jinsha Order: Kynard 1997, p. 169; Zhuang et al. 1997, and upper Yangtze River with Family: Acipenseridae p. 259). The spawning habitat for the occasional sightings in the middle and Species: Acipenser dabryanus Dume´ril, Yangtze sturgeon is a riverbed that lower Yangtze (Zhuang et al. 1997, p. 1869 contains larger boulders, pebbles, clear 259). The species has also been found in Biology and Life History water with a velocity of 1.2 to 1.5 meters major tributaries that feed into the (m) per second (3.9 to 4.9 ft per second), upper Yangtze including the Min, Tuo, Although the Yangtze sturgeon’s life and a depth of 5 to 15 m (16 to 49 ft) and Jialing (Artyukhin et al. 2007, p. history is similar to other sturgeon (Zhuang et al. 1997, p. 261). The 370). There have also been sightings of species, there are key differences. Based presence of large boulders ensures there the species in Dongting Lake and on the best available information, much is sufficient interstitial space between Poyang Lake in the middle and lower of what is known about the Yangtze the rocks for eggs to adhere to. At the reaches, respectively (Zhuang et al. sturgeon’s life history comes from same time, smaller pebbles and gravel 1997, p. 259). One sighting took place as research on the more numerous and fill in the interstitial space so that water far downstream as Anhui province, a studied Chinese sturgeon due to flowing through the space is not too distance of more than 2,000 km (1,242 similarities in morphology, taxonomy, high to prevent adherence (Du et al. mi) downstream from Yibin (Zhuang et and life history between the two 2011, p. 257). Sufficient velocity is also al. 1997, p. 261). The species’ spawning species. Yangtze sturgeons spawn in the needed to prevent excess buildup of reach is understood by Yangtze sturgeon spring from March to April, with a gravel in the interstitial space (Du et al. researchers to have occurred from smaller late fall/early winter spawning 2011, p. 262). If there is insufficient Maoshui in the lower to period occurring from October to interstitial space, eggs will not adhere to Hejiang in the upper Yangtze River December (Qiwei 2010, p. 3; Gao et al. the boulders on the riverbed. If there is (Zhang et al. 2011, p. 184). 2009b, p. 117; Kynard et al. 2003, p. 28). too much space, the water current will Spawning migration begins when water Current Range be too strong and the eggs will be level, flow velocity, and silt content The Yangtze sturgeon’s current range washed away. Therefore, suitable enters a downward trend (Zhang H. et is limited to the upper Yangtze River sturgeon habitat has specific al. 2012, p. 4). and its tributaries in the reaches At the spawning site, female Yangtze requirements for velocity and riverbed between Yibin and Yichang, a distance sturgeons can lay between 57,000 to composition to ensure successful of about 1,000 km (Wu et al. 2014, p. 5; 102,000 eggs. These eggs, when mature, spawning. Dudgeon 2010, p. 128; Huang et al. are gray to black and range from 2.7 to Distribution 2011, p. 575; Zhang et al. 2011, p. 181; 3.4 millimeters (0.11 to 0.13 inches) in Artyukhin et al. 2007, p. 370). The diameter. The eggs are sticky and firmly Historical Range completion of the Gezhouba Dam in adhere to the space between pebbles As its name implies, the Yangtze 1981 at Yichang prevented the upstream and boulders, known as the sturgeon is found in the Yangtze River migration of adults to the species’ ‘‘interstitial’’ space, on the riverbed (Gao (Wu et al. 2014, p. 5). The river is more spawning ground (Zhuang et al. 1997, p. et al. 2009b, p. 117; Zhuang et al. 1997, than 6,397 km (3,975 mi) in length and 261). As a result of the construction of p. 261). Larvae emerge from the eggs is divided into three segments. The Gezhouba Dam, the species may have about 115 to 117 hours after upper reach, which span a total of about been extirpated in reaches below the fertilization, and they remain at the 4,300 km (2,671 mi), is further sub- dam (Li et al. 2015, p. 186; Zhu et al. spawning ground for around 12 to 30 divided into two segments: the Jinsha 2008, p. 30). That said, from 2014–2017,

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fishermen below Gezhouba Dam caught either by researchers or by Connectivity accidently captured four adult Yangtze fishermen in the upper Yangtze River Dam construction on Yangtze River sturgeons, suggesting the presence of a (Wu et al. 2014, pp. 3–5). These results limits the ability of the Yangtze sturgeon very small remnant population (Du indicate that restocked sturgeon have a to migrate between spawning and 2017, pers. comm.). Due to Gezhouba very low survival rate. Although we do feeding reaches. Dam construction on Dam’s smaller size, the reservoir for the not have population estimates for the the Yangtze occurs on both the upper Gezhouba Dam is relatively small species, based on the fact that there has and lower end of the species’ current (Kynard 2017, pers. comm.) However, been no observable natural reproduction range. In the middle Yangtze River, the the Three Gorges Dam, located slightly since the 2000s and the low survival construction of Gezhouba Dam in 1981 upstream from Gezhouba Dam, and its rate of restocked sturgeon, the species prevented migration of adults reservoir changed the hydrology of the population in the Yangtze River is likely downstream of the dam from being able Yangtze. Construction on the Three to be very low when compared to to migrate to the species’ spawning Gorges Dam began in 2003 and was historical numbers (Du et al. 2014, p. 1; ground in the upper Yangtze near Yibin completed in 2009. The reservoir, which Wu et al. 2014, p. 4). (Miao et al. 2015, p. 2351; Dudgeon extends 600 km (372 mi) upstream, Summary of Threats and Conservation 2010, p. 128; Fang et al. 2006, p. 375; further reduced the species’ range by Measures That Affect the Species Zhuang et al. 1997, p. 261). Although modifying reaches above Three Gorges the reaches below Gezhouba Dam might Dam to a lentic (still water) system The Act directs us to determine be suitable for the species, at present (Chen D. et al. 2009, p. 341; Fu et al. whether any species is an endangered there has been no observed natural 2003, p. 1650). Loss of lotic (rapidly species or a threatened species because reproduction below Gezhouba Dam (Du moving water) ecosystem reduces the of any factors affecting its continued 2017, pers. comm.). The construction of quality of remaining habitat for the existence. We completed a Three Gorges Dam created a reservoir, species (Kynard 2016, pers. comm.; comprehensive assessment of the Cheng et al. 2015, pp. 570, 576). On the biological status of the Yangtze which affected individuals of the lower Jinsha River, in the upstream sturgeon, and prepared a report of the species upstream. The Three Gorges portion of the species’ historical range, assessment, which provides a thorough Dam reservoir, which extended 600 km the construction of the Xiangjiaba Dam, account of the species’ overall viability. upstream from the dam, transformed the which was completed in 2008, limited In this section, we summarize the area into unsuitable habitat (Kynard the species’ spawning ground to areas conclusions of that species status 2016, pers. comm.; Cheng et al. 2015, p. below the dam (Zhang et al. 2011, pp. assessment, which can be accessed at 570; Miao et al. 2015, p. 2351). After the 183–184). The species continues to Docket No. FWS–HQ–ES–2017–0047 on construction of the reservoir, the species ascend the major tributaries in the http://www.regulations.gov. rarely moves to reaches below upper Yangtze, including the Min, Tuo, , a distance of approximately Dams on the Yangtze River and Its 500 km (Wu et al. 2015, p. 5). and Jialing River (Huang et al. 2011, p. Effects 575; Artyukhin et al. 2007, p. 370). Meanwhile, the construction of The topography of the upper Yangtze Xiangjiaba Dam on the lower Jinsha Historical and Current Population River basin is characterized by River segment occurred on part of the The Yangtze sturgeon was historically mountains of varying heights. The historical spawning reach of the species. abundant and was commercially change in elevation between the upper Xiangjiaba Dam is a barrier to all fish harvested up to the 1970s (Lu et al. Yangtze to the lower Yangtze amounts species and prevents the migration to 2015, p. 89; Zhang et al. 2013, p. 409; to 3,280 m (10,761 ft), which makes the areas above or the below the dam (Wu Kynard et al. 2003, p. 27). The majority upper Yangtze River an ideal place for et al. 2014, p. 2). However, the species (80 percent) of harvest of Yangtze hydroelectric projects (Fan et al. 2006, may be able to use spawning reaches sturgeon took place during the 1950s to p. 33). The growth of dam construction below the dam (Fan et al. 2006, p. 36). the 1970s. However, overharvesting in China has accelerated during the past That said, a dam located upstream from during this time period led to a sharp decades. From the 1970s to the 1990s, the species’ habitat affects the species decline in the population size (Kynard an average of 4.4 large reservoirs downstream by altering water et al. 2003, p. 27). (capacity greater than 0.1 km3) were temperature and sedimentation rate, While there may have been natural constructed per year. By the 2000s, this which we discuss below (Fan et al. recruitment of the species in the 1990s, number had increased to an average 2006, p. 36). no natural recruitment has been construction rate of 11.8 large reservoirs In addition to dams currently present observed in the wild since the 2000s per year. By 2011, China possessed 552 on the lower Jinsha and upper Yangtze (Du et al. 2014, p. 1; Wu et al. 2014, p. large reservoirs, 3,269 medium River, in the early 2000s, a proposal was 1). The population is currently being reservoirs (capacity of 0.01–0.1 km 3), presented for the construction of the sustained by artificial restocking. and 84,052 small reservoirs (capacity of Xiaonanhai Dam, which is to be located Between the years of 2010–2013, 7,030 0.0001–0.01 km 3); of this number, the upstream from Chongqing. If built, this Yangtze sturgeon juveniles were Yangtze River basin contained 45,000 dam will create a barrier between the released into the middle and upper dams and reservoirs, including 143 species’ last known spawning ground Yangtze River in two to three batches dams having large reservoirs, or a and feeding reach, which, depending on each year (Wu et al. 2014, p. 3). quarter of all large reservoirs in China design, could have a negative impact on Restocking efforts have been ongoing in (Miao et al. 2015, p. 2350; Mueller et al. the species (Cheng et al. 2015, p. 579). the reaches below Gezhouba Dam since 2008, p. 233). The construction of dams However, at present, China’s Ministry of 2014 (Hu 2017, pers. comm.). However, and reservoirs have multiple and broad Environmental Protection has rejected restocked sturgeons suffer from low effects on the Yangtze sturgeon and its the proposal and any future dam fitness; most notably, they lack the habitat, including limiting connectivity projects on the last stretch of free- ability to survive to reproductive age. between spawning and feeding reaches; flowing Yangtze River due to Capture data obtained from the releases altering water temperature, water environmental impacts (Chang 2016, in 2010–2013 found that 95 days after discharge, and velocity rates; and pers. comm.; Kynard 2016, pers. comm.; restocking, no restocked sturgeons were changing sediment concentration. Mang 2015, unpaginated).

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While the rejection of the proposal to After the construction of the Three eggs (Du et al. 2011, pp. 261–262; Bemis construct the Xiaonanhai Dam is good Gorges Dam, mean flow rate varies and Kynard 1997, p. 169). for Yangtze sturgeon, the country’s between 12,780 m3/s in high flow years Historically, discharge rates and twelfth 5-year plan stated that and 6,414 m3/s in low flow years (Chen sedimentation load were in alignment renewable resources should make up 15 and Wu 2011, p. 384). For Chinese with precipitation rates. A low percent of all energy generated in China sturgeon, successful spawning occurs discharge rate results in low with 9 percent coming from when water discharge is between 7,000 sedimentation load. High discharge hydroelectric source. This plan and 26,000 m3/s. This means that rates lead to higher sediment load, as translates to an additional 230 gigawatt although flow rate during high flow high flows are able to transport more (GW) of power generated via years remains in the optimal discharge sediments downstream (Chen Z. et al. hydroelectric dam. This target is a very rate for Chinese sturgeon spawning, 2001, pp. 88–89). However, dams cause ambitious one, given that Three Gorges discharge rates during low flow years discharge and sedimentation rates to go Dam generates 18 GW of power per year could have a negative impact on out of alignment. While discharge rates (Dudgeon 2011, p. 1496). Furthermore, spawning success rates of both sturgeon remain aligned with precipitation rate, although the plan to construct the species (Chen and Wu 2011, p. 385). the sedimentation load pattern displays Xiaonanhai Dam has been rejected, While we do not have long-term a 2-month delay due to sediment being plans to construct dams on the Jinsha historical data for water discharge rate trapped behind the dams. When the River as part of a 12-dam cascade are for the Yangtze sturgeon at Yibin, the spring flood occurs, numerous dams still proceeding (Dudgeon 2010, p. 129). flow rate at Chongqing during the years release highly concentrated sediment downstream all at once, resulting in an Water Temperature 1950–2000 was between 4,540 m3/s and 11,000 m3/s (Zhang et al. 2011, p. 183). asymmetrical sediment load pattern Historically, dams negatively affect Since Chongqing is farther upstream (Chen Z. et al. 2001, p. 90). The effects the reproductive success of Yangtze from Yichang, this flow rate may be the of sediment load patterns on the sturgeon by altering water temperature species’ habitat occur at two stages: river’s natural rate at this section of the flowing through the species’ habitat. Release of sediments during high river Yangtze. However, following the Water temperature influences the stages and reduced sediment size and impoundment by the Xiangjiaba Dam in reproductive success of the Yangtze load over time (Dudgeon 2011, pp. 1488, October 2012 and the Xiluodo Dam in sturgeon at two stages in its life cycle: 1495). Commencement of spawning migration May 2013, discharge in the lower Jinsha The Jinsha River dams trap up to 82 and egg survival. Spawning migration of has declined more than 50 percent, percent of the sediment during the the Yangtze sturgeon will not start until suggesting that current flow rate is winter months, resulting in ‘‘clean’’ (i.e., the water temperatures reach 18 degrees likely to be lower than the flow rate sediment-free) water flowing Celsius (°C) (64.4 degrees Fahrenheit between 1950 and 2000 (Cheng et al downstream. This ‘‘clean’’ water lacks (°F)) (Cheng et al. 2015, p. 578). 2015, p. 577). The Jinsha River feeds nutrients and may decrease the food Historically, before the construction of into the upper Yangtze River. This supply of the Yangtze sturgeon over the the Xiangjiaba and other dams on the means that reduction in flow rate on the winter months (Cheng et al. 2015, p. lower Jinsha, water temperature reached Jinsha will also reduce the flow rate on 578). During the subsequent spring 18 °C (64.4 °F) around April. However, the upper Yangtze River. Given that the flood, the release of concentrated the construction of the dams stratified Yangtze sturgeon is closely related to sediment by dams likely results in the water table. As most dams on the the Chinese sturgeon, a reduction of sediments filling in all the interstitial Yangtze are designed to release cold flow rate by over 50 percent could have spaces in spawning habitat, thereby water located at the bottom of the dams, a significant negative impact on the reducing available spawning habitat for the spawning season for the Yangtze reproductive success rate of the Yangtze that season. sturgeon could be delayed by more than sturgeon given its already tenuous Despite the spring release of a month (Deng et al. 2006 and Wang et biological status. concentrated sediments, sediment load al. 2009, as cited in Cheng et al. 2015, Sedimentation Concentration is expected to decline over time. At p. 578). This delay shortens the Yichang, sediment load per year has maturing season for juveniles and is In addition to affecting spawning of decreased from 530 mega tons (Mt) per likely to reduce the species’ survival Yangtze sturgeon, dams affect the year in the 1950s–1960s, to 60 Mt per rate. Additionally, if the water remains condition of the species’ spawning year after 2003. Additionally, too cold for too long, sturgeon eggs will ground through changes in the water suspended sediment at Yichang below not mature, resulting in total loss of velocity and sedimentation load. Three Gorges Dam has decreased in size reproduction for that season (Kynard Because reproductive success of from 8–10 micrometers in 1987–2002 to 2016, pers. comm.). sturgeon is tied to the amount of 3 micrometers after 2003 (Yang et al. suitable habitat, a reduction in habitat 2011, pp. 16–17). Reduction in sediment Water Discharge and Velocity area can reduce the reproductive size can lead to increased By altering discharge rates, dams success of the species (Ban et al. 2011, embeddedness of available interstitial affect the Yangtze sturgeon’s p. 96; Bemis and Kynard 1997, p. 169). space. At the reaches below Gezhouba reproductive success by affecting the Specifically, flow rates affect the Dam, sedimentation has reduced timing of spawning migration. The Yangtze sturgeon by affecting the available interstitial space by up to 50 species’ spawning migration begins sedimentation concentration in the to 70 percent (Du et al. 2011, p. 262). when flow rate increases during the water and on the riverbed. As noted This prevents the adherence of eggs to spring flood (Zhuang et al. 1997, p. 261). before, Yangtze sturgeon lay their eggs the river bottom and reduces the quality At Yichang, the most downstream on the interstitial spaces between rocks of remaining spawning habitats. portion of the Yangtze sturgeon’s and boulders. The makeup of the current range, the mean discharge rate riverbed needs to contain the right Summary of Effects of Dams on the from 1983 to 2004 (before the concentration of small pebbles and Yangtze Sturgeon construction of Three Gorges Dam) was larger boulders to provide sufficient Dam construction in the middle between 10,000 m3/s and 17,000 m3/s. space for adherence and aeration of the Yangtze and lower Jinsha has restricted

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the species’ range to the reaches of the from synthetic fibers further contributed impacts of industrial pollution on Yangtze between Yibin and Yichang to a higher catch rate of sturgeons (Chen Yangtze sturgeon specifically, there (Wu et al. 2014, p. 5). These projects D. et al. 2009, p. 346). have been studies on Chinese sturgeon prevented the migration of the species Despite attempts to help conserve the and other sturgeon species. Industrial upstream and downstream of the dams. species by restocking, restocked pollutants such as triphenyltin (TPT) Although there is currently access juveniles experience very low survival affect reproductive success of the between the species’ remaining rates (Wu et al. 2014, p. 4). From 2010 Chinese sturgeon. TPT, used in paint on spawning and feeding grounds, the to 2013, restocking operations released ship hulls and in fishnets in China, can condition of remaining habitat is likely 7,030 juveniles into the upper Yangtze be absorbed into the eggs of Chinese to be negatively affected by changes to River main stem. Subsequent bycatch sturgeon, resulting in increased the river flow and sedimentation rate. between 2010 and 2013 recorded a total deformities including abnormal The formation of the Three Gorges of 112 sturgeons caught, indicating a development and skeletal and reservoir has transformed the 600-km very low survival rate of stocked morphological deformities in embryos reach above the dam into a lentic juveniles (Wu et al. 2014, p. 3). These (Hu et al. 2009, pp. 9339–9340). system, resulting in unsuitable habitat results suggest very low survivability of A study on TPT exposure to 2- to 3- for the species (Kynard 2016, pers. restocked sturgeon, and the subsequent day-old Chinese sturgeon larvae found comm.; Cheng et al. 2015, pp. 570, 576). impacts from bycatch are too high for that 6.3 percent showed skeletal/ As a result, Yangtze sturgeon rarely use the species to persist (Wu 2016, pers. morphological deformities and 1.2 habitat downstream from Chongqing comm.; Wu et al. 2014, p. 4). percent had no eyes or only one eye. At the same time, larvae from spawning (Wu et al. 2014, p. 5). Riverbed Modification Upstream from the species’ current hatches of captured adults showed range, the construction of the Xiluodu The Yangtze sturgeon requires river skeletal/morphological deformities of and Xiangjiaba Dam is likely to substrate to contain suitable 3.9 percent and 1.7 percent that had negatively affect the reproductive concentration to reproduce successfully only one eye or no eyes. Given the rate success of the Yangtze sturgeon. (Du et al. 2011, p. 257). Alteration to the of deformities found in this study, the Through the release of cold water riverbed has reduced the reproductive capability for the studied Chinese during the spring flood, the dam can success of this species. To improve sturgeon to reproduce was reduced by delay the spawning migration of the navigation on the lower Jinsha and 58.4 to 75.9 percent (Hu et al. 2009, p. sturgeon, which will either shorten the upper Yangtze River, multiple projects, 9342). Because the Yangtze and Chinese maturation time for juveniles or prevent including sand and gravel extraction sturgeon are closely related species, the the successful maturation of eggs operations, were implemented on the presence of TPT in the upper Yangtze altogether (Kynard 2016, pers. comm.; reaches between Shuifu and Yibin and River is likely reducing the reproductive Cheng et al. 2015, p. 578). Alteration to Yibin and Chongqing (Zhang et al. 2011, success of the Yangtze sturgeon by a sediment concentration in both the p. 184). Between 2005 and 2009, $44 similar rate. short term and long term reduces the million (converted to U.S. dollars) were In addition to TPT, the presence of quality of remaining habitat (Du et al. invested to improve the navigation endocrine disruptors compound (EDC) 2011, p. 262). Given the lack of observed between Yibin and Chongqing. These affects Chinese sturgeon by inducing natural reproduction of the species in investments have led to the declining sperm activity, intersex testis- the upper Yangtze, dams significantly modification of 22 riffles (a shallow ova, and a decline in male to female affect the viability of the species. section of a stream or river with rapid ratio in the population (An and Hu current and a surface broken by gravel, 2006, p. 381). A study on EDC found (historical) and Bycatch rubble or boulders) on the upper that the concentration of EDC in the (current) Yangtze and the deepening of the Yangtze River (1.55 to 6.85 micrograms Historically, the Yangtze sturgeon was channel from 1.8 m (5.9 ft) to 2.7 m (8.8 per liter) is very high and could have a commercially harvested on the Yangtze ft) (Zhang et al. 2011, p. 184). detrimental impact on sturgeon in the River. In the 1960s, harvest of Yangtze Additionally, up to 10, 6, and 3 river river. This result suggests that industrial sturgeon accounted for 10 percent of dredge ships operate in the Yangtze discharge of EDC is occurring in the total harvest. In the 1970s, 5,000 River, the Jinsha River, and the Min Yangtze. kilograms (5.5 tons) of Yangtze River, respectively. The operations of As a result of rapid industrialization sturgeons were caught in the spring these ships alters the bottom topography on the Yangtze River, higher season at Yibin (Zhuang et al. 1997, p. of the riverbeds, which results in the concentration of heavy metals are found 262). Since then however, the loss of benthic habitat and spawning in the Yangtze River (Yujun et al. 2008, population of Yangtze sturgeon has ground for many fish species, including p. 338). High concentration of heavy declined significantly (Zhang et al. the Yangtze sturgeon (Fan et al. 2006, p. metals leads to greater accumulation in 2013, p. 409). This decline is due to 37). These projects are occurring on or all aquatic organisms (Yujun et al. 2008, multiple reasons. Fishermen use fine near current Yangtze sturgeon spawning p. 339). The toxicity effect of heavy mesh nets that prevent smaller fish, and feeding grounds from Yibin to metal accumulation is especially weighing as little as 50 grams (1.7 Hejiang. Thus these operations will pronounced in zoobenthic predators, ounces), from being able to escape. The continue to reduce the quality and like the Yangtze sturgeon, because they number of fishing boats increased from quantity of remaining habitat (Zhang et occupy a higher position in the food 500 in 1950s to 2,000 by 1985. More al. 2011, p. 184). chain. The result is that by consuming than 140,000 fishermen currently smaller prey species that have absorbed depend on the river for a living. Industrial Pollution heavy metal, zoobenthic predator build Furthermore, the fishing season As a benthic predator, the Yangtze up heavy metal accumulation inside overlapped with the main spawning sturgeon is exposed to higher their bodies (Yujun et al. 2008, p. 346). season of the Yangtze sturgeon (Yi 2016, concentrations of industrial pollution Given that heavy metal concentration is p. 1; Fan et al. 2006, p. 37; Zhuang et than many other fish species (Yujun et highest in benthic animals, especially al. 1997, p. 262). The replacement of al. 2008, pp. 341–342). While we are not zoobenthic predators like the sturgeon, bamboo and reed gear with gear made aware of any studies that analyze the the effect of heavy metals on the

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sturgeon could be more pronounced Siberian sturgeon with Russian sturgeon initiatives include increasing legal than other aquatic species (Yujun et al. (A. gueldenstaedtii), Sterlet sturgeon (A. protection for the Yangtze sturgeon, 2008, p. 341; An and Hu 2006, p. 381). ruthenus), and Amur sturgeon (A. creating and designating part of the Despite the known impacts on captured schrenckii) (Li R. et al. 2009, p. 636). species’ range as a protected area, and Chinese sturgeon, we currently do not Crossbreeding of sturgeon species in repopulating the species in the wild have evidence of population-level China alters the wild population through restocking (Zhang H. et al. impacts of EDC or heavy metal on the makeup. A study on the lower Yangtze 2011, p. 181; Fan et al. 2006, p. 35; Wei wild Yangtze sturgeon population. That River in 2006 found that of the 221 et al. 2004, p. 322). said, even though we have no evidence young sturgeons captured, 153 were Legal Protections of morphological deformities in wild hybrids, which accounted for 69.9 sturgeon, it is likely that industrial percent of total sturgeons caught (Li R. In response to the decline of the pollution does have an effect on the et al. 2009, p. 636). This information Yangtze sturgeon, in 1989, China’s State reproductive success of wild sturgeon. indicates that farmed hybrids are Council added the Yangtze sturgeon to escaping into the river system. Although the National Red Data Book for Hybridization With Displaced Native this study was conducted in the lower Threatened Chinese Fish as a Class I and Nonnative Sturgeon Yangtze River, because sturgeon Protected (Wu et al. 2014, p. 1; Despite decline in wild fishery yields, aquaculture occurs across the Yangtze Zhang H. et al. 2011, p. 181; Dudgeon the Yangtze basin remains one of the River system, it is likely that 2010, p. 128; Wei et al. 2004, p. 322; major centers of China’s aquaculture hybridization is occurring in the upper Zhuang et al. 1997, p. 258). Animals industry. Fishery yields from the basin Yangtze River as well. listed as a Class I species are protected accounts for 65 percent of total The uncontrolled hybridization of from certain activities, including freshwater fisheries production in China native and nonnative species on the hunting, capturing, or killing, for both (Shen et al. 2014, p. 1547; Chen D. et Yangtze alters the population dynamics commercial and personal uses. al. 2009, p. 338). In the past 30 years, between hybrids and native stocks. Scientific research, domestication, sturgeon aquaculture in China has risen Hybridization may reduce the fitness of breeding, and exhibition are exempted significantly. Although commercial the overall population or replace a (Wei et al. 2004, p. 322). Transportation aquaculturing of sturgeon only started population of native fish with hybrids of Class I-listed species requires in the 1990s, by 2006, production had (Shen et al. 2014, p. 1549; Li R. et al. approval from the Department of reached 17,424 tons, which accounts for 2009, p. 636). Hybridization may also Wildlife Administration. Import or 80 percent of the world total production result in hybrids with better fitness than export of Class I aquatic species is (Shen et al. 2014, p. 1548). The growth wild stock that outcompete wild native regulated by the Fisheries Bureau of the of the aquaculture industry in China stock of Yangtze sturgeon for habitat Minister of Agriculture (Wei et al. 2004, saw aquaculture farms constructed and resources. When native fish are p. 323). across all branches of the Yangtze River unavailable, farmers tend to import In addition to its listing under (Li R. et al. 2009, p. 636). Sturgeon nonnative fish that have better national law, the species has also been species that are commonly used in the characteristics, such as higher growth included in Appendix II of the aquacultural industry include A. rate and better adaptability. These non- Convention on International Trade in schrenckii, Huso dauricus, and other native sturgeons are bred with available Endangered Species of Wild Fauna and Amur River sturgeon hybrids (Li R. et al. native sturgeon to produce hybrids. Flora (CITES) since 1998 (Ludwig 2008, 2009, p. 636). However, none of these These hybrids oftentimes escape or are p. 5; CITES 1997, pp. 152–153). The commonly cultured species are native to accidentally introduced into the wild CITES trade database has recorded no the Yangtze River. Additionally, there is and then compete with the Yangtze international trade of this species going a lack of regulation and enforcement of sturgeon for resources (Xiong et al. as far back as 1975 (the oldest date on regulation to properly manage 2015, pp. 657–658). Although CITES database) (CITES 2017). hybridization of sturgeon species. There hybridization is likely to be occurring International trade in CITES species is is also the problem of aquaculture all along the Yangtze River, we regulated via a permit system. Under sturgeon escaping from sturgeon farms currently do not have information on Article IV of CITES, export of an into the wider river system (Li R. et al. the rates of hybridization of sturgeon in Appendix-II specimen requires the prior 2009, p. 636). The result is a comingling the upper Yangtze or how significant grant and presentation of an export of native, exotic, and hybrid sturgeon the effects are on the Yangtze sturgeon. permit. Export permits for Appendix-II species which could have a negative That said, given that hybridized specimens are only granted if the impact on the Yangtze sturgeon (Shen et sturgeons make up 69.9 percent of Management Authority of the State of al. 2014, p. 1549; Li R. et al. 2009, p. sturgeons found in the studied area, it export is satisfied that the specimens 636). is likely that sturgeon hybrids are were lawfully obtained and if the There is currently no native-strain competing, and will likely continue to Scientific Authority of the State of farm (farm that raises native species) for compete, with native stocks for habitat export has advised that the trade is not sturgeons in China. Because no farms in and resources throughout the Yangtze detrimental to the survival of the China focus on raising native stock in River system. species in the wild. For any living large enough number, this system specimen, the Management Authority of creates shortages of parental stock of Management Efforts the State of export must also be satisfied native sturgeons. In response to this As a result of overfishing and the that the specimen will be so prepared shortage, farmers crossbreed wild- construction of Gezhouba Dam in 1981, and shipped as to minimize the risk of caught sturgeon with any sturgeon the population of Yangtze sturgeon has injury, damage to health or cruel species available including nonnative declined (Du et al. 2014, p. 1; Wu et al. treatment. Re-export of an Appendix-II species (Xiong et al. 2015, p. 658; Li R. 2014, p. 1; Zhang H. et al. 2011, p. 181). specimen requires the prior grant and et al. 2009, p. 636). For example, in In response to the decline of the species, presentation of a re-export certificate, 2006, there was a shortage of Siberian national and local officials have which is only granted if the sturgeon in China (Acipenser baerii). embarked on a number of initiatives to Management Authority of the State of Farmers then started crossbreeding help conserve the species. These re-export is satisfied that the specimen

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was imported into that State in Protected Areas boundary of the National Reserve of accordance with CITES and, for any To offset the effects of habitat loss due Hejiang-Leibo Reaches. The CTGC living specimen, that the specimen will to dams, China’s State Department successfully petitioned the State be so prepared and shipped as to established in 2000 the National Reserve Council to redraw the boundaries of the minimize the risk of injury, damage to of Hejiang-Leibo Reaches of the Yangtze reserve to exclude the section of the health or cruel treatment. Certain River for Rare and Endangered Fishes river where the Xiangjiaba Dam is exemptions and other special provisions (Zhang H. et al. 2011, p. 181; Fan et al. located (Dudgeon 2011, p. 1500; relating to trade in CITES specimens are 2006, p. 35). The reserve is located on Dudgeon 2010, p. 129). The reserve, also provided in Article VII of CITES. In the upper Yangtze River on the reaches now renamed the National Natural the United States, CITES is between Xiangjiaba Dam and the city of Reserve Area of Rare and Special Fishes implemented through the Act and Chongqing. This reserve is intended to of the Upper Yangtze River, regulations at 50 CFR part 23. protect three imperiled fish species, the encompasses the reaches below the Additionally, since 2003, a fishing Yangtze sturgeon, the Chinese Xiangjiaba Dam from Yibin to ban on all fish species has been (Psephurus gladius), and the Chongqing as well the tributaries that implemented in the upper Yangtze Chinese high-fin banded shark feed into the Yangtze (Zhang H. et al. River from February 1 to April 30. (Myxocyprinus asiaticus), as well as 37 2011, p. 182; Fan et al. 2006, p. 35). The Starting in 2017, the fishing ban was other endemic fish species (Fan et al. redrawing of the area of the reserve to extended from March to June (Du 2017, accommodate the construction of 2006, p. 35). In 2005, the reserve was pers. comm.). One of the side effects of Xiangjiaba Dam lends further evidence expanded to mitigate the impact from this ban is a reduction in the bycatch of that local governments are prioritizing current and future hydroelectric projects Yangtze sturgeon since the time period growth over environmental impacts. (Zhang H. et al. 2011, pp. 181–182). of the ban coincides with the spawning The construction of the Xiangjiaba Dam While the reserve plays an important season of the Yangtze sturgeon (Chen D. led to the impoundment of the reach role in protecting wildlife within its et al. 2012, p. 532; Chen D. et al. 2009, upriver, which will affect the flow and borders, expansion of the hydroelectric p. 348). sedimentation rate downstream (Cheng project in the lower Jinsha River and Despite the implementation of legal et al. 2015, p. 577; Dudgeon 2011, p. upper Yangtze outside the protected protection for the species, there are 1500). Given the lack of natural several shortcomings with the current area is likely to undermine the reproduction of the Yangtze sturgeon regulatory mechanisms for the species. effectiveness of the reserve. In order to and future impacts from the dam, it is China currently does not have a facilitate economic growth, China has unlikely that the current boundary of specialized, dedicated agency to manage decentralized authority for the reserve will be sufficient to maintain fisheries resources across the country. infrastructure development from the a wild breeding population of this Riverine resource management is state to local municipalities. This species (Kynard 2016, pers. comm.; maintained at local levels which are decentralized model has resulted in Dudgeon 2011, p. 1500). often located in major population provincial governments prioritizing center, far away from the fishery economic growth over environmental Restocking resource (Chen D. et al. 2012, p. 541). impacts (Dudgeon 2011, p. 1496). As a result of the decline of the In the case of Yangtze sturgeon, these Since 2003, hydroelectric projects in species, controlled reproduction and different jurisdictions have variations in China are subjected to environmental release of juvenile Yangtze sturgeon has regulation and conservation goals for assessments and approval from the occurred every year since 2007 (Zhang the Yangtze River ecosystem, which Ministry of Environmental Protection H. et al. 2011, p. 181). Between 2007 limits coordination of species- (Ministry) (Dudgeon 2011, p. 1496). and 2012, more than 10,000 Yangtze conservation efforts and the overall However, this approval is routinely sturgeon juveniles were released into effectiveness in managing species ignored even by nationally owned the upper Yangtze on reaches conservation across the Yangtze River corporations. For example, in 2004, downstream from Xiangjiaba Dam (Wu basin (Chen D. et al. 2012, p. 541). China Three Gorges Corporation (CTGC) et al. 2014, p. 1). In 2014, restocking was In addition to a lack of a specialized began construction of the Xiluodu Dam started on the reaches below Gezhouba body or other effective basin-wide in the Lower Jinsha without obtaining Dam (Du 2017, pers. comm.). While this conservation efforts, lack of funding is permission from the Ministry (Dudgeon number pales in comparison to the six major problem for local jurisdictions. 2011, pp. 1496–1497). In response, the million Chinese sturgeon that have been Enforcement officers often lack basic Ministry suspended work on the dam in released since 1983, the restocking of equipment, such as boats, to carry out 2005. However, despite initial the Yangtze sturgeon represent an fishing regulations within the fishery reservation about the lack of an attempt by local and state officials to try (Chen D. et al. 2012, p. 541). environmental impact assessment, the to maintain the species in the wild Additionally, while commercial Ministry quickly compiled reports and (Chen D. et al. 2009, p. 349). harvesting of the species is prohibited, allowed the dam construction to Despite the efforts to restock the bycatch is still occurring and may still proceed (Dudgeon 2011, p. 1499). Yangtze sturgeon in the wild, current be too high to sustain a wild breeding Additionally, in 2009 the Ministry gave restocking efforts are unsuccessful (Wu population (Zhang H. et al. 2011, p. the authority to build two additional et al. 2014, p. 4). No juveniles were 184). The new fishing ban implemented dams on the Jinsha segment to other caught 95 days after release, indicating in 2017 has the potential to reduce dam construction companies after a that released sturgeon experienced a bycatch (Du 2017, pers. comm.). brief suspension (Dudgeon 2010, p. very high mortality rate (Wu et al. 2014, However, the positive effects from a 129). Overall, these temporary p. 4). There are multiple possible fishing ban on the Yangtze may be suspensions of construction have done reasons for the limited success of limited, given the importance of the little to slow down the pace of dam current restocking efforts, including Yangtze to the economic well-being of development. In 2011, CTGC began poor breeding and rearing techniques riverside communities as entire constructing the Xiangjiaba Dam on the that result in progeny with low survival stretches of the river cannot be closed Lower Jinsha. The location of this dam rates in the wild, high bycatch rate, and off to fishing (Fan et al. 2006, p. 38). would have occurred within the 500-km loss or deterioration of remaining

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habitats (Cheng et al. 2015, pp. 579–580; of chemical plants suggest that risk of 2000s (Wu et al. 2014, p. 1). Du et al. 2014, p. 2; Shen et al. 2014, industrial spills is quite high. Therefore, Additionally, restocked juvenile p. 1549; Zhang H. et al. 2011, p. 184). it is likely that stochastic processes have sturgeon experience very high mortality Thus, despite attempts to conserve the negative impacts on the species in rates due to a high bycatch rate and an species in the wild through restocking, combination with other factors such as inability to survive in wild conditions with all the other forces acting on the habitat modification and loss and (Du et al. 2014, p. 1; Wu et al. 2014, p. Yangtze sturgeon it is unlikely that bycatch. 4). current restocking efforts are adequate Industrial pollution and hybridization Determination to improve the species’ condition in the with displaced native and nonnative wild. Section 4 of the Act (16 U.S.C. 1533), sturgeon species are also acting on the and its implementing regulations at 50 species (Factor E). Although we do not Stochastic (Random) Events and CFR part 424, set forth the procedures have information on the impact of Processes for adding species to the Federal Lists industrial pollution on the species in Species endemic to small regions, or of Endangered and Threatened Wildlife the wild, studies in a laboratory known from few, widely dispersed and Plants. Under section 4(a)(1) of the environment found that pollutants such locations, are inherently more Act, we may list a species based on: (A) as TPT and EDC can reduce the vulnerable to extinction than The present or threatened destruction, reproductive success rate of adult widespread species because of the modification, or curtailment of its sturgeons (Hu et al. 2009, p. 9342; An higher risks from localized stochastic habitat or range; (B) overutilization for and Hu 2006, pp. 379–380). (random) events and processes, such as commercial, recreational, scientific, or Additionally, there are high industrial spills and drought. These educational purposes; (C) disease or concentrations of TPT and EDC in the problems can be further magnified when predation; (D) the inadequacy of Yangtze River. While we do not have populations are very small, due to existing regulatory mechanisms; or (E) data on the hybridization of Yangtze genetic bottlenecks (reduced genetic other natural or manmade factors sturgeon with other species, surveys diversity resulting from fewer affecting its continued existence. Listing conducted in the lower Yangtze River individuals contributing to the species’ actions may be warranted based on any found that 69.9 percent of sturgeon overall gene pool) and random of the above threat factors, singly or in species caught were hybrids (Li R. et al. demographic fluctuations (Lande 1988, combination. 2009, p. 636). These results suggest that p. 1455–1458; Pimm et al. 1988, p. 757). We have carefully assessed the best industrial pollution and hybridization, Species with few populations, limited scientific and commercial information in tandem with other factors, are geographic area, and a small number of available on the Yangtze sturgeon. affecting the species. individuals face an increased likelihood While we do not know the exact Therefore, for the following reasons of stochastic extinction due to changes population size of the Yangtze sturgeon, we conclude that this species has been in demography, the environment, the species was historically abundant and continues to be significantly genetics, or other factors, in a process enough to be commercially viable up to reduced to the extent that the viability described as an extinction vortex (a the 1970s, after which it experienced a of the Yangtze sturgeon is significantly mutual reinforcement that occurs among significant decline (Kynard et al. 2003, compromised: biotic and abiotic processes that drives p. 27). Loss of individuals due to (1) The species is limited to a single population size downward to overharvesting by fishermen on the geographic population in the upper extinction) (Gilpin and Soule´ 1986, pp. Yangtze (Factor B) is the main factor Yangtze main stem and its tributaries. 24–25). The negative impacts associated that contributed to the historical decline There is also some evidence of a small with small population size and of the species. Subsequent construction remnant population in the middle vulnerability to random demographic of dams on the Yangtze prevented the Yangtze. fluctuations or natural catastrophes can migration in the middle Yangtze and (2) Loss of habitat and connectivity be further magnified by synergistic lower Jinsha, which prevented recovery between the spawning and feeding interactions with other threats. of the species in these areas (Miao et al. reaches is having a significant adverse The Yangtze sturgeon is known from 2015, p. 2351; Wu et al. 2014, p. 2; effect on the species, which appears to a single geographic population in the Dudgeon 2010, p. 128; Fang et al. 2006, have low to no reproduction. upper Yangtze River and its tributaries p. 375; Zhuang et al. 1997, p. 261). (3) The cumulative effects of habitat (Zhang et al. 2011, pp 181–182; Zhuang Additionally, dams affect the quality of modification and loss due to dams and et al. 1997, p. 259). As a result, the the species’ habitat through changes in riverbed projects, bycatch, industrial species is highly vulnerable to discharge, temperature, and pollution, and hybridization are stochastic processes and is highly likely sedimentation rate (Zhang G. et al. 2012, adversely affecting the species. negatively affected by these processes. p. 445; Du et al. 2011, p. 262; Chen Z. (4) Current restocking and In March 2000, for example, the et al. 2001, p. 90). In addition to dams, management efforts are inadequate to Jinguang Chemical Plant, located on the the species’ habitat is also adversely maintain the species’ presence in the (a of the Yangtze affected by riverbed modification to wild. River), was found to be releasing yellow accommodate increasing boat traffic. (5) Stochastic events, such as phosphorous into the Yangtze. This The combined effects of dams and industrial spills or drought, can reduce substance is highly toxic to aquatic riverbed modification on the Yangtze the survival rate of the species organisms including the Yangtze include the loss and reduction in In section 3(6), the Act defines an sturgeon (Chen D. et al. 2009, p. 343). quality of remaining habitat (Factor A). ‘‘endangered species’’ as any species Another spill in 2006 on the Yuexi Despite conservation efforts that is ‘‘in danger of extinction River, which also feeds into the undertaken by local and national throughout all or a significant portion of Yangtze, saw mercury being released authorities such as fishing bans and its range’’ and in section 3(20), a into the river (Worldwatch Insitute restocking, current efforts do not appear ‘‘threatened species’’ as any species that 2006, npn). These and other incidents to be successful in conserving the is ‘‘likely to become an endangered combined with the fact that the Yangtze species. No natural reproduction has species within the foreseeable future River system is home to a large number been documented in the wild since the throughout all or a significant portion of

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its range.’’ We find that the Yangtze become so would not result in a assistance for such programs, in the sturgeon is presently in danger of different outcome. form of personnel and the training of extinction throughout its range based on personnel. Available Conservation Measures the severity and immediacy of threats Section 9 of the Act and our currently adversely affecting the Conservation measures provided to implementing regulations at 50 CFR species. The populations and species listed as endangered or 17.21 set forth a series of general distributions of the species have been threatened under the Act include prohibitions that apply to all significantly reduced to the point where recognition of , endangered wildlife. These there is no current reproduction in the requirements for Federal protection, and prohibitions, in part, make it illegal for wild which is indicative of a very high prohibitions against certain practices. any person subject to the jurisdiction of risk of extinction, and the remaining Recognition through listing encourages the United States to ‘‘take’’ (which habitat and populations are threatened and results in public awareness and includes harass, harm, pursue, hunt, by a variety of factors acting alone and conservation actions by Federal and shoot, wound, kill, trap, capture, or in combination to reduce the overall State governments in the United States, collect; or to attempt any of these) viability of the species. foreign governments, private agencies endangered wildlife within the United Based on the factors described above and groups, and individuals. States or upon the high seas. It is also and their impacts on the Yangtze Our regulations at 50 CFR part 402 illegal to possess, sell, deliver, carry, sturgeon, we find the following factors implement the interagency cooperation transport, or ship any such wildlife that to be threats to this species (i.e., factors provisions found under ESA Section 7. has been taken illegally. In addition, it contributing to the risk of extinction of Under section 7(a)(1) of the ESA, federal is illegal for any person subject to the this species): Loss and modification of agencies are to utilize, in consultation jurisdiction of the United States to habitat due to dams and riverbed with and with the assistance of the import; export; deliver, receive, carry, expansion (Factor A), bycatch (Factor Service, their authorities in furtherance transport, or ship in interstate or foreign C), and cumulative effects (Factor E) of of the purposes of the Act. Section commerce, by any means whatsoever these and other threats including 7(a)(2) of the Act, as amended, requires and in the course of commercial Federal agencies to ensure, in industrial pollution and hybridization. activity; or sell or offer for sale in consultation with the Service, that ‘‘any Furthermore, current legal and interstate or foreign commerce any action authorized, funded, or carried management efforts over these practices listed species. Certain exceptions apply out’’ by such agency is not likely to are inadequate to conserve the species to employees of the Service, the jeopardize the continued existence of a (Factor D). National Marine Fisheries Service, other listed species or result in destruction or Therefore, on the basis of the best Federal land management agencies, and adverse modification of its critical available scientific and commercial State conservation agencies. habitat. An ‘‘action’’ that is subject to information, we propose listing Yangtze We may issue permits under section the consultation provisions of section sturgeon as endangered in accordance 10 of the Act to carry out otherwise 7(a)(2) has been defined in our with sections 3(6) and 4(a)(1) of the Act. prohibited activities involving implementing regulations as ‘‘all We find that a threatened species status endangered wildlife under certain activities or programs of any kind is not appropriate for this species circumstances. Regulations governing authorized, funded, or carried out, in because of its restricted range, limited permits for endangered species are distribution, and vulnerability to whole or in part, by Federal agencies in codified at 50 CFR 17.22. With regard to extinction; and because the threats are the United States or upon the high endangered wildlife, a permit may be ongoing throughout its range at a level seas.’’ 50 CFR 402.02. With respect to issued for the following purposes: For that places this species in danger of this species, there are no ‘‘actions’’ scientific purposes, to enhance the extinction now. known to require consultation under Under the Act and our implementing ESA Section 7(a)(2). Given the propagation or survival of the species, regulations, a species may warrant regulatory definition of ‘‘action,’’ which and for incidental take in connection listing if it is endangered or threatened clarifies that it applies to ‘‘activities or with otherwise lawful activities. There throughout all or a significant portion of programs . . . in the United States or are also certain statutory exemptions its range. Because we have determined upon the high seas,’’ the species is from the prohibitions, which are found that the Yangtze sturgeon is endangered unlikely to be the subject of section 7 in sections 9 and 10 of the Act. throughout all of its range, we do not consultations, because the species Required Determination need to conduct an analysis of whether conducts its entire life cycle in there is any significant portion of its freshwater outside of the United States Clarity of the Rule range where the species is in danger of and is unlikely to be affected by U.S. We are required by Executive Orders extinction or likely to become so in the Federal actions. Additionally, because 12866 and 12988 and by the foreseeable future. This is consistent the Yangtze sturgeon is not native to the Presidential Memorandum of June 1, with the Act because when we find that United States, no critical habitat is being 1998, to write all rules in plain a species is currently in danger of proposed for designation with this rule. language. This means that each rule we extinction throughout all of its range 50 CFR 424.12(g). publish must: (i.e., meets the definition of an Section 8(a) of the Act authorizes the (1) Be logically organized; ‘‘endangered species’’), the species is provision of limited financial assistance (2) Use the active voice to address experiencing high-magnitude threats for the development and management of readers directly; across its range or threats are so high in programs that the Secretary of the (3) Use clear language rather than particular areas that they severely affect Interior determines to be necessary or jargon; the species across its range. Therefore, useful for the conservation of (4) Be divided into short sections and the species is in danger of extinction endangered or threatened species in sentences; and throughout every portion of its range foreign countries. Sections 8(b) and 8(c) (5) Use lists and tables wherever and an analysis of whether there is any of the Act authorize the Secretary to possible. significant portion of the range that may encourage conservation programs for If you feel that we have not met these be in danger of extinction or likely to foreign listed species, and to provide requirements, send us comments by one

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of the methods listed in ADDRESSES. To Federal Register on October 25, 1983 Proposed Regulation Promulgation better help us revise the rule, your (48 FR 49244). Accordingly, we propose to amend comments should be as specific as References Cited part 17, subchapter B of chapter I, title possible. For example, you should tell 50 of the Code of Federal Regulations, us the numbers of the sections or A complete list of references cited in as set forth below: paragraphs that are unclearly written, this rulemaking is available on the which sections or sentences are too internet at http://www.regulations.gov PART 17—ENDANGERED AND long, the sections where you feel lists or and upon request from the Branch of THREATENED WILDLIFE AND PLANTS tables would be useful, etc. Foreign Species, Ecological Services ■ 1. The authority citation for part 17 (see FOR FURTHER INFORMATION CONTACT). National Environmental Policy Act (42 continues to read as follows: U.S.C. 4321 et seq.) Authors Authority: 16 U.S.C. 1361–1407; 1531– We have determined that 1544; and 4201–4245, unless otherwise The primary authors of this proposed noted. environmental assessments and rule are the staff members of the Branch ■ environmental impact statements, as 2. In § 17.11(h), add an entry for of Foreign Species, Ecological Services, ‘‘Sturgeon, Yangtze’’ to the List of defined under the authority of the Falls Church, VA. Endangered and Threatened Wildlife in National Environmental Policy Act (42 List of Subjects in 50 CFR Part 17 alphabetical order under FISHES to read U.S.C. 4321 et seq.), need not be as set forth below: prepared in connection with listing a Endangered and threatened species, species as an endangered or threatened Exports, Imports, Reporting and § 17.11 Endangered and threatened wildlife. species under the Endangered Species recordkeeping requirements, Act. We published a notice outlining Transportation. * * * * * our reasons for this determination in the (h) * * *

Listing citations and applicable Common name Scientific name Where listed Status rules

******* FISHES

******* Sturgeon, Yangtze ...... Acipenser dabryanus ...... Wherever found ...... E [Insert Federal Register cita- tion when published as a final rule].

*******

* * * * * ACTION: Proposed rule; request for Federal e-Rulemaking Portal. Go to Dated: November 15, 2017. comments. www.regulations.gov/#!docketDetail;D= James W. Kurth, NOAA-NMFS-2017-0106, click the SUMMARY: NMFS proposes to implement ‘‘Comment Now!’’ icon, complete the Deputy Director, U.S. Fish and Wildlife management measures described in required fields, and enter or attach your Service, Exercising the Authority of the Amendment 47 to the Fishery Director, U.S. Fish and Wildlife Service. comments. Management Plan for the Reef Fish • Mail: Submit written comments to [FR Doc. 2017–27954 Filed 12–26–17; 8:45 am] Resources of the Gulf of Mexico (FMP), BILLING CODE 4333–15–P Lauren Waters, Southeast Regional as prepared by the Gulf of Mexico Office, NMFS, 263 13th Avenue South, Fishery Management Council (Council) St. Petersburg, FL 33701. (Amendment 47). For vermilion DEPARTMENT OF COMMERCE snapper, this proposed rule would Instructions: Comments sent by any revise the stock annual catch limit other method, to any other address or National Oceanic and Atmospheric individual, or received after the end of Administration (ACL). Additionally, Amendment 47 would establish a proxy for the estimate the comment period, may not be considered by NMFS. All comments 50 CFR Part 622 of the stock maximum sustainable yield (MSY). The purpose of this proposed received are a part of the public record [Docket No. 170720688–7688–01] rule is to revise the stock ACL for and will generally be posted for public viewing on www.regulations.gov RIN 0648–BH07 vermilion snapper in the Gulf of Mexico (Gulf) consistent with the most recent without change. All personal identifying Fisheries of the Caribbean, Gulf of stock assessment. information (e.g., name, address, etc.), Mexico, and South Atlantic; Reef Fish confidential business information, or DATES: Written comments must be otherwise sensitive information Fishery of the Gulf of Mexico; received on or before January 26, 2018. Vermilion Snapper Management submitted voluntarily by the sender will ADDRESSES: Measures; Amendment 47 You may submit comments be publicly accessible. NMFS will on the amendment identified by accept anonymous comments (enter AGENCY: National Marine Fisheries ‘‘NOAA–NMFS–2017–0106’’ by either ‘‘N/A’’ in the required fields if you wish Service (NMFS), National Oceanic and of the following methods: to remain anonymous). Electronic Atmospheric Administration (NOAA), • Electronic Submission: Submit all copies of Amendment 47, which Commerce. electronic public comments via the includes an environmental assessment,

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