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Federal Register/Vol. 76, No. 184/Thursday, September 22, 2011/Rules and Regulations 58868 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR • Mail: NMFS National Sea Turtle Conservation Commission, and the Coordinator, Attn: Loggerhead Critical North Carolina Wildlife Resources Fish and Wildlife Service Habitat Information, Office of Protected Commission. The BRT was charged with Resources, National Marine Fisheries reviewing and evaluating all relevant 50 CFR Part 17 Service, 1315 East-West Highway, Room scientific information relating to 13657, Silver Spring, MD 20910 or loggerhead population structure globally DEPARTMENT OF COMMERCE USFWS National Sea Turtle to determine if any population met the Coordinator, U.S. Fish and Wildlife criteria to qualify as a DPS and, if so, to National Oceanic and Atmospheric Service, 7915 Baymeadows Way, Suite assess the extinction risk of each DPS. Administration 200, Jacksonville, FL 32256. The findings of the BRT, which are • Fax: To the attention of NMFS detailed in the ‘‘Loggerhead Sea Turtle 50 CFR Parts 223 and 224 National Sea Turtle Coordinator at 301– (Caretta caretta) 2009 Status Review under the U.S. Endangered Species Act’’ [Docket No. 100104003–1068–02] 427–2522 or USFWS National Sea Turtle Coordinator at 904–731–3045. (Conant et al., 2009; hereinafter referred RIN 0648–AY49 Instructions: All information received to as the Status Review), addressed DPS will be a part of the public record. All delineations, extinction risks to the Endangered and Threatened Species; personal identifying information (for species, and threats to the species. The Determination of Nine Distinct example, name, address, etc.) Status Review underwent independent Population Segments of Loggerhead voluntarily submitted by the public may peer review by nine scientists with Sea Turtles as Endangered or be publicly accessible. expertise in loggerhead sea turtle Threatened FOR FURTHER INFORMATION CONTACT: biology, genetics, and modeling. The AGENCY: National Marine Fisheries Barbara Schroeder, NMFS, at 301–427– Status Review is available electronically Service (NMFS), National Oceanic and 8402; Sandy MacPherson, USFWS, at at http://www.nmfs.noaa.gov/pr/ Atmospheric Administration (NOAA), 904–731–3336; Marta Nammack, NMFS, species/statusreviews.htm. On March 12, 2009, the petitioners Commerce; United States Fish and at 301–427–8403 or Lorna Patrick, (Center for Biological Diversity, Turtle Wildlife Service (USFWS), Interior. USFWS, at 850–769–0552 ext. 229. Island Restoration Network, and Persons who use a Telecommunications ACTION: Final rule. Oceana) sent a 60-day notice of intent to device for the deaf (TDD) may call the sue to the Services for failure to make SUMMARY: We (NMFS and USFWS; also Federal Information Relay Service 12-month findings on the petitions by collectively referred to as the Services) (FIRS) at 1–800–877–8339, 24 hours a the statutory deadlines (July 16, 2008, have determined that the loggerhead sea day, 7 days a week. for the North Pacific petition and turtle (Caretta caretta) is composed of SUPPLEMENTARY INFORMATION: nine distinct population segments November 16, 2008, for the Northwest (DPSs) that constitute ‘‘species’’ that Background Atlantic petition). On May 28, 2009, the petitioners filed a Complaint for may be listed as threatened or We issued a final rule listing the endangered under the Endangered Declaratory and Injunctive Relief to loggerhead sea turtle as threatened compel the Services to complete the Species Act (ESA). In this final rule, we throughout its worldwide range on July are listing four DPSs as threatened and 12-month findings. On October 8, 2009, 28, 1978 (43 FR 32800). On July 12, the petitioners and the Services reached five as endangered under the ESA. We 2007, we received a petition to list the will propose to designate critical habitat a settlement in which the Services ‘‘North Pacific populations of agreed to submit to the Federal Register for the two loggerhead sea turtle DPSs loggerhead sea turtle’’ as an endangered occurring within the United States in a a 12-month finding on the two petitions species under the ESA. NMFS on or before February 19, 2010. On future rulemaking. We encourage published a notice in the Federal interested parties to provide any February 16, 2010, the United States Register on November 16, 2007 (72 FR District Court for the Northern District information related to the identification 64585), concluding that the petitioners of critical habitat and essential physical of California modified the February 19, (Center for Biological Diversity and 2010, deadline to March 8, 2010. or biological features for this species, as Turtle Island Restoration Network) On March 16, 2010 (75 FR 12598), the well as economic or other relevant presented substantial scientific Services published in the Federal impacts of designation of critical information indicating that the Register combined 12-month findings habitat, to assist us with this effort. petitioned action may be warranted. on the petitions to list the North Pacific DATES: This rule is effective on October Also, on November 15, 2007, we populations and the Northwest Atlantic 24, 2011. received a petition to list the ‘‘Western populations of the loggerhead sea turtle ADDRESSES: This final rule and North Atlantic populations of as DPSs with endangered status, along comments and materials received, as loggerhead sea turtle’’ as an endangered with a proposed rule to designate nine well as supporting documentation used species under the ESA. NMFS loggerhead sea turtle DPSs worldwide in the preparation of this rule, are published a notice in the Federal and to list two of the DPSs as threatened available on the Internet at http:// Register on March 5, 2008 (73 FR and seven as endangered. The Federal www.regulations.gov and will be 11849), concluding that the petitioners Register notice also announced the available for public inspection, by (Center for Biological Diversity and opening of a 90-day public comment appointment, during normal business Oceana) presented substantial scientific period on the proposed listing hours at: National Marine Fisheries information indicating that the determination. Service, Office of Protected Resources, petitioned action may be warranted. The Services subsequently received a 1315 East West Highway, Room 13657, In early 2008, NMFS assembled a request from the Maryland Department Silver Spring, MD 20910. You may Loggerhead Biological Review Team of Natural Resources for a public submit information related to the (BRT) to complete a status review of the hearing to be held in Maryland. On June identification of critical habitat for the loggerhead sea turtle. The BRT was 2, 2010 (75 FR 30769), the Services loggerhead sea turtle by either of the composed of biologists from NMFS, published a notice in the Federal following methods: USFWS, the Florida Fish and Wildlife Register announcing our plans to hold VerDate Mar<15>2010 16:44 Sep 21, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22SER2.SGM 22SER2 jlentini on DSK4TPTVN1PROD with RULES2 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Rules and Regulations 58869 a public hearing on the proposed differences in control of exploitation, (Dodd, 1988). However, the majority of actions on June 16, 2010. The Federal management of habitat, conservation loggerhead nesting is at the western Register notice also announced a re- status, or regulatory mechanisms exist rims of the Atlantic and Indian Oceans. opening of the public comment period that are significant in light of section The most recent reviews show that only for an additional 90 days. The June 16, 4(a)(1)(D) of the ESA (i.e., inadequate two loggerhead nesting aggregations 2010, public hearing was held at the regulatory mechanisms). have greater than 10,000 females nesting Ocean Pines Public Library in Berlin, If a population segment is found to be per year: Peninsular Florida, United Maryland. discrete under one or both of the above States, and Masirah Island, Oman On March 22, 2011 (76 FR 15932), the conditions, its biological and ecological (Baldwin et al., 2003; Ehrhart et al., Services published in the Federal significance to the taxon to which it 2003; Kamezaki et al., 2003; Limpus and Register a notice announcing a 6-month belongs is evaluated. This consideration Limpus, 2003a; Margaritoulis et al., extension of the deadline for a final may include, but is not limited to: (1) 2003). Nesting aggregations with 1,000 listing decision to address substantial Persistence of the discrete population to 9,999 females nesting annually are disagreement on the interpretation of segment in an ecological setting unusual Georgia through North Carolina (United data related to the status and trends for or unique for the taxon; (2) evidence States), Quintana Roo and Yucatan the Northwest Atlantic Ocean DPS of that loss of the discrete population (Mexico), Brazil, Cape Verde Islands the loggerhead sea turtle and its segment would result in a significant (Cape Verde), Western Australia relevance to the assessment of risk of gap in the range of a taxon; (3) evidence (Australia), and Japan. Smaller nesting extinction. At this time, we solicited that the discrete population segment aggregations with 100 to 999 nesting new information or analyses from the represents the only surviving natural females annually occur in the Northern public that would help clarify this issue. occurrence of a taxon that may be more Gulf of Mexico (United States), Dry The public comment period was open abundant elsewhere as an introduced Tortugas (United States), Cay Sal Bank for 20 days, and closed on April 11, population outside its historical range; (The Bahamas), Tongaland (South 2011. or (4) evidence that the discrete Africa), Mozambique, Arabian Sea Coast population segment differs markedly Policies for Delineating Species Under (Oman), Halaniyat Islands (Oman), from other population segments of the the ESA Cyprus, Peloponnesus (Greece), species in its genetic characteristics. Zakynthos (Greece), Crete (Greece), Section 3 of the ESA defines Listing Determinations Under the ESA Turkey, and Queensland (Australia).
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