96304 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules DEPARTMENT OF COMMERCE #!docketDetail;D=NOAA-NMFS-2015- review of the species, as required by 0152, click the ‘‘Comment Now!’’ icon, section 4(b)(3)(a) of the ESA, and National Oceanic and Atmospheric complete the required fields, and enter requested information to inform the Administration or attach your comments. agency’s decision on whether the • Mail: Submit written comments to species warranted listing as endangered 50 CFR Part 223 Chelsey Young, NMFS Office of or threatened under the ESA. Protected Resources (F/PR3), 1315 East [Docket No. 151110999–6999–02] Listing Species Under the Endangered West Highway, Silver Spring, MD Species Act RIN 0648–XE314 20910, USA. Attention: Oceanic whitetip proposed rule. We are responsible for determining Endangered and Threatened Wildlife Instructions: Comments sent by any whether species are threatened or and Plants; Proposed Threatened other method, to any other address or endangered under the ESA (16 U.S.C. Listing Determination for the Oceanic individual, or received after the end of 1531 et seq.). To make this Whitetip Shark Under the Endangered the comment period, may not be determination, we first consider Species Act (ESA) considered by NMFS. All comments whether a group of organisms AGENCY: National Marine Fisheries received are a part of the public record constitutes a ‘‘species’’ under section 3 Service (NMFS), National Oceanic and and will generally be posted for public of the ESA, then whether the status of Atmospheric Administration (NOAA), viewing on www.regulations.gov the species qualifies it for listing as Commerce. without change. All personal identifying either threatened or endangered. Section 3 of the ESA defines species to include ACTION: information (e.g., name, address, etc.), Proposed rule; request for ‘‘any subspecies of fish or wildlife or comments. confidential business information, or otherwise sensitive information plants, and any distinct population SUMMARY: NMFS has completed a submitted voluntarily by the sender will segment of any species of vertebrate fish comprehensive status review under the be publicly accessible. NMFS will or wildlife which interbreeds when Endangered Species Act (ESA) for the accept anonymous comments (enter ‘‘N/ mature.’’ On February 7, 1996, NMFS oceanic whitetip shark (Carcharhinus A’’ in the required fields if you wish to and the U.S. Fish and Wildlife Service longimanus) in response to a petition remain anonymous). (USFWS; together, the Services) adopted from Defenders of Wildlife to list the You can find the petition, status a policy describing what constitutes a species. Based on the best scientific and review report, Federal Register notices, DPS of a taxonomic species (61 FR commercial information available, and the list of references electronically 4722). The joint DPS policy identified including the status review report on our Web site at http:// two elements that must be considered (Young et al., 2016), and after taking www.nmfs.noaa.gov/pr/species/fish/ when identifying a DPS: (1) The into account efforts being made to oceanic-whitetip-shark.html. You may discreteness of the population segment protect the species, we have determined also receive a copy by submitting a in relation to the remainder of the that the oceanic whitetip shark warrants request to the Office of Protected species (or subspecies) to which it listing as a threatened species. We Resources, NMFS, 1315 East-West belongs; and (2) the significance of the conclude that the oceanic whitetip Highway, Silver Spring, MD 20910, population segment to the remainder of shark is likely to become endangered Attention: Oceanic whitetip proposed the species (or subspecies) to which it throughout all or a significant portion of rule. belongs. Section 3 of the ESA defines an its range within the foreseeable future. FOR FURTHER INFORMATION CONTACT: endangered species as ‘‘any species Any protective regulations determined Chelsey Young, NMFS, Office of which is in danger of extinction to be necessary and advisable for the Protected Resources, (301) 427–8403. throughout all or a significant portion of conservation of the species under ESA SUPPLEMENTARY INFORMATION: its range’’ and a threatened species as section 4(d) would be proposed in a one ‘‘which is likely to become an subsequent Federal Register Background endangered species within the announcement. Should the proposed On September 21, 2015, we received foreseeable future throughout all or a listing be finalized, we would also a petition from Defenders of Wildlife to significant portion of its range.’’ Thus, designate critical habitat for the species, list the oceanic whitetip shark in the context of the ESA, the Services to the maximum extent prudent and (Carcharhinus longimanus) as interpret an ‘‘endangered species’’ to be determinable. We solicit information to threatened or endangered under the one that is presently at risk of assist in this listing determination, the ESA throughout its entire range, or, as extinction. A ‘‘threatened species,’’ on development of proposed protective an alternative, to list two distinct the other hand, is not currently at risk regulations, and the designation of population segments (DPSs) of the of extinction, but is likely to become so critical habitat in the event this oceanic whitetip shark, as described in in the foreseeable future. In other words, proposed listing determination is the petition, as threatened or a key statutory difference between a finalized. endangered, and to designate critical threatened and endangered species is DATES: Comments on this proposed rule habitat. We found that the petitioned the timing of when a species may be in must be received by March 29, 2017. action may be warranted for the species; danger of extinction, either now Public hearing requests must be on January 12, 2016, we published a (endangered) or in the foreseeable future requested by February 13, 2017. positive 90-day finding for the oceanic (threatened). The statute also requires us ADDRESSES: You may submit comments whitetip shark (81 FR 1376), to determine whether any species is on this document, identified by NOAA– announcing that the petition presented endangered or threatened as a result of NMFS–2015–0152, by either of the substantial scientific or commercial any of the following five factors: The following methods: information indicating the petitioned present or threatened destruction, • Electronic Submissions: Submit all action of listing the species may be modification, or curtailment of its electronic comments via the Federal warranted range wide, and explaining habitat or range; overutilization for eRulemaking Portal. Go to the basis for those findings. We also commercial, recreational, scientific, or www.regulations.gov/ announced the initiation of a status educational purposes; disease or VerDate Sep<11>2014 22:00 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29DEP2.SGM 29DEP2 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules 96305 predation; the inadequacy of existing www.nmfs.noaa.gov/pr/species/fish/ tips on its front dorsal, caudal, and regulatory mechanisms; or other natural oceanic-whitetip-shark.html. pectoral fins with black tips on its anal or manmade factors affecting its The status review report was fin and on the ventral surfaces of its continued existence (ESA, section subjected to independent peer review as pelvic fins. The head has a short and 4(a)(1)(A)–(E)). Section 4(b)(1)(A) of the required by the Office of Management bluntly rounded nose and small circular ESA requires us to make listing and Budget Final Information Quality eyes with nictitating membranes. The determinations based solely on the best Bulletin for Peer Review (M–05–03; upper jaw contains broad, triangular scientific and commercial data available December 16, 2004). The status review serrated teeth, while the teeth in the after conducting a review of the status report was peer reviewed by five lower jaw are more pointed and are only of the species and after taking into independent specialists selected from serrated near the tip. The body is account efforts being made by any State the academic and scientific community, grayish bronze to brown in color, but or foreign nation or political subdivision with expertise in shark biology, varies depending upon geographic thereof to protect the species. In conservation and management, and location. The underside is whitish with evaluating the efficacy of existing specific knowledge of oceanic whitetip a yellow tinge on some individuals protective efforts, we rely on the sharks. The peer reviewers were asked (Compagno 1984). Services’ joint Policy on Evaluation of to evaluate the adequacy, Current Distribution Conservation Efforts When Making appropriateness, and application of data Listing Decisions (‘‘PECE’’; 68 FR 15100; used in the status review as well as the The oceanic whitetip shark is March 28, 2003) for any conservation findings made in the ‘‘Assessment of distributed worldwide in epipelagic efforts that have not been implemented, Extinction Risk’’ section of the report. tropical and subtropical waters between ° ° or have been implemented but have not All peer reviewer comments were 30 North latitude and 35 South yet demonstrated effectiveness. addressed prior to finalizing the status latitude (Baum et al., 2006). In the western Atlantic,