Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Proposed Rules 46889

* * * * * attend and participate in the public on biological vulnerability and threats Dated: July 23, 2013. hearing should contact Jeannie Stafford, to support preparation of a listing Rachel Jacobsen, Fish and Wildlife Office, as proposal, but for which development of soon as possible (see FOR FURTHER a listing regulation has been precluded Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. INFORMATION CONTACT). by other higher-priority listing activities. This rule reassesses all [FR Doc. 2013–18583 Filed 8–1–13; 8:45 am] ADDRESSES: You may submit comments currently available information BILLING CODE 4310–55–C by one of the following methods: (1) Electronically: Go to the Federal regarding status of and threats to I. eRulemaking Portal: http:// webberi. Elsewhere in today’s Federal DEPARTMENT OF THE INTERIOR www.regulations.gov. In the Search box, Register, we propose to designate enter FWS–R8–ES–2013–0079, which is critical habitat for I. webberi under the Fish and Wildlife Service the docket number for this rulemaking. Act. Then, in the Search panel on the left The basis for our action. Under the 50 CFR Part 17 side of the screen, under the Document Act, we can determine that a species is Type heading, click on the Proposed an endangered or threatened species [FWS– R8–ES–2013–0079; 4500030113] Rules link to locate this document. You based on any of five factors: (A) The RIN 1018–AZ12 may submit a comment by clicking on present or threatened destruction, ‘‘Comment Now!’’ modification, or curtailment of its Endangered and Threatened Wildlife (2) By hard copy: Submit by U.S. mail habitat or range; (B) Overutilization for and ; 12-Month Finding and or hand-delivery to: Public Comments commercial, recreational, scientific, or Candidate Removal for Potentilla Processing, Attn: FWS–R8–ES–2013– educational purposes; (C) Disease or basaltica; Proposed Threatened 0079; Division of Policy and Directives predation; (D) The inadequacy of Species Status for Ivesia webberi Management; U.S. Fish and Wildlife existing regulatory mechanisms; or (E) Other natural or manmade factors AGENCY: Fish and Wildlife Service, Service; 4401 N. Fairfax Drive, MS affecting its continued existence. We Interior. 2042–PDM; Arlington, VA 22203. We request that you send comments find Ivesia webberi is subject to the ACTION: 12-month petition finding; only by the methods described above. present or threatened destruction, proposed rule. We will post all comments on http:// modification, or curtailment of its SUMMARY: We, the U.S. Fish and www.regulations.gov. This generally habitat (Factor A) from the following: Wildlife Service (Service), announce a means that we will post any personal Nonnative, invasive plants; modified 12-month finding on a petition to list information you provide us (see the fire regime (increased wildfire); OHV the Potentilla basaltica (Soldier Public Comments section below for use and roads; development; livestock Meadow cinquefoil) as an endangered or more information). grazing; and climate change. threatened species. After review of the FOR FURTHER INFORMATION CONTACT: We will seek peer review. We are best available scientific information, we Edward D. Koch, State Supervisor, U.S. seeking all comments, including those find that listing Potentilla basaltica as Fish and Wildlife Service, Nevada Fish from independent specialists to ensure an endangered or threatened species and Wildlife Office, 1340 Financial that our designation is based on under the Endangered Species Act (Act) Boulevard, Suite 234, Reno, NV 89502, scientifically sound data, assumptions, is no longer warranted, and, therefore, by telephone 775–861–6300, or by and analyses. We will invite these peer we are removing this species from the facsimile 775–861–6301. Persons who reviewers to comment on our listing candidate list. We propose to list the use a telecommunications device for the proposal for Ivesia webberi. A thorough plant Ivesia webberi (Webber’s ivesia) as deaf (TDD) may call the Federal review of information that we relied on a threatened species under the Act. If Information Relay Service (FIRS) at in making this determination— finalized, the effect of this regulation 800–877–8339. including information on , life history, ecology, population distribution would be to add Ivesia webberi to the SUPPLEMENTARY INFORMATION: List of Endangered and Threatened and abundance, and potential threats— Plants and extend the Act’s protections Executive Summary is presented in the Ivesia webberi to this species. Elsewhere in today’s Why we need to publish a rule. Under Species Report available at www. Federal Register, we propose to the Act, if we find a species to be regulations.gov (Docket Number FWS– designate critical habitat under the Act endangered or threatened throughout all R8–ES–2013–0079). A summary of this for Ivesia webberi. or a significant portion of its range, we analysis is found within this proposed rule. Because we will consider all DATES: We will accept comments are required to promptly publish a received or postmarked on or before proposal in the Federal Register and comments and information received October 1, 2013. Comments submitted make a final determination on our during the comment period, our final electronically using the Federal proposal within 1 year. We designate determinations may differ from this proposal. eRulemaking Portal (see ADDRESSES critical habitat to the maximum extent section, below) must be received by prudent and determinable, for any Information Requested 11:59 p.m. Eastern Time on the closing species determined to be an endangered date. We must receive requests for or threatened species under the Act. Public Comments public hearings, in writing, at the Listing a species as an endangered or We intend that any final action address shown in FOR FURTHER threatened species and designations and resulting from this proposed rule for INFORMATION CONTACT by September 16, revisions of critical habitat can only be Ivesia webberi will be based on the best 2013. completed by issuing a rule. scientific and commercial data available Public meeting: We will hold a public What this rule does. We propose the and be as accurate and as effective as meeting on this proposed rule on listing of Ivesia webberi (Webber’s possible. Therefore, we request September 10, 2013, in Reno, NV, from ivesia) as a threatened species. Ivesia comments or information from the 4:00 to 6:00 p.m. People needing webberi is a candidate species for which public, other concerned governmental reasonable accommodations in order to we have on file sufficient information agencies, Native American tribes, the

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scientific community, industry, or any ADDRESSES section. We request that you sound data, assumptions, and analyses. other interested parties concerning this send comments only by the methods A peer review panel will conduct an proposed rule. We particularly seek described in the ADDRESSES section. assessment of the proposed rule and the comments concerning: If you submit information via http:// specific assumptions and conclusions (1) Ivesia webberi’s biology, www.regulations.gov, your entire regarding the proposed listing. This distribution, population size and trend, submission—including any personal assessment will be completed during including: identifying information—will be posted the public comment period. (a) Habitat requirements for on the Web site. If your submission is pollination, reproduction, and dispersal; made via a hardcopy that includes 12-Month Petition Finding and (b) Genetics and taxonomy; personal identifying information, you Candidate Withdrawal for Potentilla (c) Historical and current range may request at the top of your document basaltica including distribution patterns; that we withhold this information from This section summarizes the (d) Historical and current population public review. However, we cannot information on species status and levels, and current and projected trends; guarantee that we will be able to do so. potential threats that we evaluated in and We will post all hardcopy submissions order to determine that listing Potentilla (e) Past and ongoing conservation on http://www.regulations.gov. Please basaltica is not warranted and to measures for the species, its habitat, or include sufficient information with your remove it from candidate status. A both. comments to allow us to verify any thorough review of information that we (2) The factors that are the basis for scientific or commercial information relied on in making this making a listing determination for a you include. determination—including information species under section 4(a) of the Act (16 Comments and materials we receive, on taxonomy, life history, ecology, U.S.C. 1531 et seq.), which are: as well as supporting documentation we population distribution and abundance, (a) The present or threatened used in preparing this proposed rule, and potential threats—is presented in destruction, modification, or will be available for public inspection the P. basaltica (Soldier Meadow curtailment of its habitat or range on http://www.regulations.gov, or by Cinquefoil) Species Report (Service (Factor A); appointment, during normal business 2013a, entire), which is available at (b) Overutilization for commercial, hours, at the U.S. Fish and Wildlife http://www.regulations.gov (in the recreational, scientific, or educational Service, Nevada Fish and Wildlife Search box, enter FWS–R8–ES–2013– purposes (Factor B); Office (see FOR FURTHER INFORMATION 0079, which is the docket number for (c) Disease or predation (Factor C); CONTACT). this rulemaking). (d) The inadequacy of existing Public Hearing The factors that are the basis for regulatory mechanisms (Factor D); or making a listing determination for a (e) Other natural or manmade factors Section 4(b)(5) of the Act provides for species under section 4(a) of the Act (16 affecting its continued existence (Factor one or more public hearings on this U.S.C. 1531 et seq.), are: E). proposal, if requested. Requests must be (a) The present or threatened (3) Biological, commercial trade, or received within 45 days after the date of destruction, modification, or other relevant data concerning any publication of this proposed rule in the curtailment of its habitat or range threats (or lack thereof) to this species Federal Register. Such requests must be (Factor A); and existing regulations that may be sent to the address shown in the FOR (b) Overutilization for commercial, addressing those threats. FURTHER INFORMATION CONTACT section. recreational, scientific, or educational (4) Additional information concerning We will schedule public hearings on purposes (Factor B); the historical and current status, range, this proposal, if any are requested, and (c) Disease or predation (Factor C); distribution, and population size of this announce the dates, times, and places of (d) The inadequacy of existing species, including the locations of any those hearings, as well as how to obtain regulatory mechanisms (Factor D); or additional populations of this species. reasonable accommodations, in the (e) Other natural or manmade factors (5) Any information on the biological Federal Register and local newspapers affecting its continued existence (Factor or ecological requirements of the at least 15 days before the hearing. E). species, and ongoing conservation We discuss the potential threats measures for the species and its habitat. Peer Review related to each factor below. Please include sufficient information In accordance with our joint policy on We identified Potentilla basaltica as a with your submission (such as scientific peer review published in the Federal candidate in the June 13, 2002, journal articles or other publications) to Register on July 1, 1994 (59 FR 34270), Candidate Notice of Review (CNOR, 67 allow us to verify any scientific or we will seek the expert opinions of at FR 40657). At the time, our assessment commercial information you include. least three appropriate and independent was that the species was being impacted Please note that submissions merely specialists regarding the Ivesia webberi by the present or threatened destruction, stating support for or opposition to the proposed rule. A thorough review of modification, or curtailment of its action under consideration without information that we relied on in making habitat or range (Factor A) resulting providing supporting information, this determination—including from the primary threats of heavy although noted, will not be considered information on taxonomy, life history, recreational use, OHV activity, and in making a determination, as section ecology, population distribution and livestock grazing at Soldier Meadow. A 4(b)(1)(A) of the Act directs that abundance, and potential threats—is candidate species is one for which we determinations as to whether any presented in the Ivesia webberi Species have on file sufficient information on species is a threatened or endangered Report available at http:// biological vulnerability and threats to species must be made ‘‘solely on the www.regulations.gov (Docket Number support a proposal to list as endangered basis of the best scientific and FWS–R8–ES–2013–0079). A summary or threatened, but for which preparation commercial data available.’’ of this analysis is found within this and publication of a proposal is You may submit your comments and proposed rule. The purpose of peer precluded by higher-priority listing materials concerning this proposed rule review is to ensure that our listing actions. Potentilla basaltica was by one of the methods listed in the determination is based on scientifically included in all subsequent annual

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CNORs (69 FR 24875, May 4, 2004; 70 grazing, roads and off-highway vehicle plants than the Soldier Meadow FR 24869, May 11, 2005; 71 FR 53756, (OHV) activity, geothermal exploration, populations (Service 2013a, p. 10), is September 12, 2006; 72 FR 69033, and nonnative, invasive plant species— located in part on BLM lands designated December 6, 2007; 73 FR 75175, have been substantially reduced since as a Research Natural Area and ACEC December 10, 2008; 74 FR 57803, 2002. The BLM implemented several and in part on private lands (Service November 9, 2009; 75 FR 69221, measures that have been effective in 2013a, pp. 10–11). These BLM lands November 10, 2010; and 76 FR 66370, reducing recreational use impacts to P. have been withdrawn from mining October 26, 2011; 77 FR 69993, basaltica in Soldier Meadow: activity and are excluded from timber November 21, 2012). On May 11, 2004, Establishing a designated, centralized management and woodcutting activity we received a petition to list a total of campground, which discourages (Service 2013a, p. 18). In 2008, the BLM 225 plant and animal species from the dispersed camping in wet meadow issued a Record of Decision on the list of candidate species, including P. habitats where P. basaltica occurs; Alturas Resource Area Management basaltica. Because we previously found designating walkways away from P. Plan (RMP) and Final Environmental that P. basaltica was warranted for basaltica habitat; installing interpretive Impact Statement (BLM 2008a, pp. A–1– listing, no further action was taken on signs informing recreationists about the A–10). The RMP identified the need for the petition. When it was first identified sensitive plant and animal species establishing a long-term monitoring plot as a candidate in 2002, we assigned P. found in the wetland and thermal spring for Potentilla basaltica and limiting basaltica a listing priority number (LPN) habitats of Soldier Meadow; and use of OHV travel to designated routes within of 5, reflecting a species with threats a campground host in Soldier Meadow the Ash Valley ACEC and Research that were considered high in magnitude who interacts with visitors informing Natural Area (BLM 2007, p. 2–105). but nonimminent. In 2006 (71 FR them of designated camping and bathing And, if monitoring data suggested a 53756), we changed the LPN to 11, areas and providing education about the decline in numbers or reproductive reflecting a species with threats that sensitive plant and animal species viability of P. basaltica, fencing would were considered moderate to low in present in the area (Service 2013a, p. be constructed to exclude livestock magnitude and nonimminent. The LPN 18). grazing (BLM 2007, p. 2–106). The RMP for P. basaltica remained at 11 in 2007 Other impacts to Potentilla basaltica also proposed the acquisition of private (72 FR 69034), 2008 (73 FR 75176), 2009 also have been greatly reduced since lands supporting unprotected (74 FR 57804), 2010 (75 FR 69222), 2011 2002. In 2004, the areas where P. populations of special status plants, (76 FR 66370), and 2012 (77 FR 69993). basaltica occurred in Soldier Meadow including P. basaltica (BLM 2008a, p. Potentilla basaltica is a low-growing, were fenced to exclude domestic 13). perennial forb in the Rose family livestock, wild horses, and other large In addition to evaluation of the threats () that forms a basal rosette ungulates; this initiative significantly identified at the time Potentilla with low-growing stems and small, reduced livestock grazing impacts to the basaltica was determined to be a yellow flowers. This species has a species (Service 2013a, p. 20). In 2004, candidate species, we also evaluated limited geographic range and is known the BLM also closed roads (authorized potential impacts of climate change on to occur on approximately 22.7 acres and unauthorized) in Soldier Meadow the species. Although climate change is (ac) (9.2 hectares (ha)) of habitat at that led to spring, riparian, and wetland likely to affect ecosystem function in Soldier Meadow in Humboldt County, areas and limited OHV use to Soldier Meadow and Ash Valley where Nevada, and Ash Valley in Lassen designated roads and trails (Service P. basaltica occurs, we conclude that County, (Service 2013x, p. x). 2013a, p. 15). These closures and OHV because of uncertainty about specific Habitat conditions occupied by the restrictions remain in place today and effects of climate change on P. basaltica, species differ between these two have effectively reduced impacts to P. the best available scientific and locations. At Soldier Meadow, P. basaltica from roads and OHVs. Within commercial information does not basaltica occurs in or near alkali Soldier Meadow, BLM personnel indicate at this time that effects of meadows, seeps, and marsh habitats coordinate efforts to detect and rapidly climate change are likely to threaten the bordering perennial thermal springs, respond to nonnative, invasive plant continued existence of P. basaltica now outflows, and meadow depressions, species using chemical control and or in the foreseeable future (Service while in Ash Valley, P. basaltica occurs other treatment methods (Service 2013a, 2013a, pp. 22–23). between the floodplain of Ash Creek pp. 19–20). Geothermal exploration Potentilla basaltica is a BLM sensitive and the sagebrush steppe (Service occurred in the Soldier Meadow area species (Service 2013a, p. 2). The stated 2013x, p. x). At these two locations, P. during the 1970s. Portions of Soldier objective for BLM sensitive species is to basaltica is known from a total of three Meadow P. basaltica population areas initiate proactive conservation measures populations (two in Soldier Meadow were protected from exploration and that reduce or eliminate threats to and one in Ash Valley), each of which development activities in 1982 when minimize the likelihood of and need for is located primarily on public lands the BLM designated the area as an Area listing (BLM 2008a, 6840.02). managed by the Bureau of Land of Critical Environmental Concern Conservation, as it applies to BLM Management (BLM; 95 percent). The (ACEC). In 2003, the BLM expanded the sensitive species, is defined as ‘‘the use only available estimates of abundance existing Soldier Meadow ACEC to of programs, plans, and management suggest a combined total of between provide additional protection for the practices to reduce or eliminate threats 75,950 and 133,614 individual plants desert dace (Eremichthys acros), which affecting the status of the species, or across all three populations, with most was listed as threatened under the Act improve the condition of the species’ of these individuals occurring at the two in 1985, as well as to provide additional habitat on BLM-administered lands’’ populations in Soldier Meadow in protection for P. basaltica (USFWS (BLM 2008b, Glossary, p. 2). Nevada (74,950 to 132,000 individuals) 1997, p. 22). The Soldier Meadow ACEC Potentilla basaltica is not State listed (Service 2013a, p. 10). is also designated as a BLM Research as endangered or threatened in either Impacts to Potentilla basaltica and its Natural Area. Nevada or California. However, in habitat identified at the time it was The Ash Valley, California, California, P. basaltica has a California determined to be a candidate species in population, which occurs on a much Native Plant Society (CNPS) rank of 2002—recreational use, livestock smaller area and contains many fewer 1B.3 (not very threatened in California,

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with less than 20 percent of occurrences does not meet the definition of an bunchgrass–forb community. The threatened and low degree and endangered or threatened species and specialized soils are well developed, a immediacy of threat or no current thus is no longer warranted for listing process estimated to take 1,000 years. threats known) (CNPS 2013). Plants, like under the Act. With the publication of Limited seed dispersal and apparent P. basaltica, with a CNPS 1.B rank must this notice, P. basaltica will be removed limited recruitment further restrict the be fully considered during preparation from the list of candidate species. occupied range and distribution of I. of environmental documents relating to webberi. the California Environmental Quality Proposed Threatened Species Status for Ivesia webberi Ivesia webberi is currently known to Act (CEQA) (CNPS 2013). occupy a total of approximately 165 ac Based on our analysis of the five Previous Federal Actions (66.8 ha) within five counties in factors identified in section 4(a)(1) of We identified Ivesia webberi as a California and Nevada along the the Act, we conclude that the previously candidate in the June 13, 2002, transition zone between the eastern edge recognized impacts to Potentilla Candidate Notice of Review (CNOR, 67 of the northern Sierra Nevada and the basaltica from present or threatened northwestern edge of the Great Basin destruction, modification, or FR 40657). Ivesia webberi was included in all subsequent annual CNORs (69 FR (Service 2013b, p. 2). The species is curtailment of its habitat or range known historically from a total of 17 (Factor A) (recreational use; OHV use; 24875, May 4, 2004; 70 FR 24869, May 11, 2005; 71 FR 53756, September 12, populations, but 1 has been extirpated introduction of nonnative, invasive and a portion of another (1 of 4 plant species; and trampling by 2006; 72 FR 69033, December 6, 2007; 73 FR 75175, December 10, 2008; 74 FR subpopulations) is possibly extirpated. livestock), do not rise to a level of Of the remaining 16 populations, the significance such that the species is in 57803, November 9, 2009; 75 FR 69221, November 10, 2010; and 76 FR 66370, status of 4 is unknown, and we danger of extinction now or in the currently are uncertain whether the foreseeable future. We evaluated October 26, 2011; 77 FR 69993, November 21, 2012). On May 11, 2004, species still persists at these locations additional potential impacts under the (Service 2013b, p. 2). For the remaining the five listing factors stated above. In we received a petition to list a total of 10 populations where the species’ status that evaluation we found that potential 225 plant and animal species from the is better understood, 6 occur on areas impacts such as livestock grazing list of candidate species, including I. that are less than 5 ac (2 ha) each. (Factors A and E), geothermal webberi. Because we previously found Reliable estimation of population sizes exploration (Factors A and E), herbivory the species was warranted for listing, no or trends in I. webberi is complicated (Factor B), disease (Factor C), and further action was taken on the petition. because past population estimates have climate change (Factor A) to either be of When it was first identified as a usually been obtained by different no concern or insignificant concern at candidate in 2002 (67 FR 40657), we observers employing a variety of this time. Additionally, conservation assigned I. webberi a listing priority methodologies and varying levels of measures and protection provided by number (LPN) of 5, reflecting a species BLM for species associated with thermal with threats that were considered high survey effort (Service 2013b, p. 2). springs are benefiting P. basaltica, and in magnitude but nonimminent; the Summary of Biological Status and we anticipate these conservation LPN remained at 5 in all subsequent Threats measures and protections to continue to CNORs. Due to the restricted range, benefit P. basaltica into the foreseeable Background future (in part due to other sensitive and specialized habitat requirements, and federally listed species occurring in In this and the following section, we limited recruitment and dispersal of these areas). Thus, the existing summarize from information on species Ivesia webberi, populations of this regulatory mechanisms are adequate to status and potential threats that we species are vulnerable to ongoing and protect the species from the potential evaluated in order to determine that future threats that affect both individual impacts (Factor D). See the ‘‘Factors Ivesia webberi meets the Act’s definition plants and their habitat. The primary Affecting the Species’’ section of the of a threatened species (section 3(20)). A threats to I. webberi are the additive and Species Report (Service 2013a, pp. thorough review of information that we synergistic effects due to nonnative, 17–24) for a thorough discussion of all relied on in making this invasive plant species and modified fire potential and current threats. determination—including information regime (Service 2013b, pp. 31–32). The best available information to on taxonomy, life history, ecology, Nonnative, invasive plant species, such assist us in assessing foreseeable future population distribution and abundance, as Bromus tectorum (cheatgrass), Poa for Potentilla basaltica is the time and threats—is presented in the Ivesia bulbosa (bulbous bluegrass), and period associated with management webberi (Webber’s ivesia) Species Taeniatherum caput-medusae planning activities. Because the majority Report (Service 2013b, entire; available (medusahead), have become established (95 percent) of P. basaltica occupied at http://www.regulations.gov (in the and are part of the associated plant areas are on Federal lands that receive Search box, enter FWS–R8–ES–2013– community at 12 of the 16 extant conservation protections resulting from 0079, which is the docket number for populations of I. webberi. Nonnative, Federal laws and the regulations and this rulemaking). invasive plant species negatively affect policies implementing those laws (i.e., Ivesia webberi is a low, spreading I. webberi through competition, Federal Land Policy Management Act, perennial forb in the Rose family displacement, and degradation of the National Environmental Policy Act), we (Rosaceae) with grayish-green foliage, quality and composition of the look to the historical timeframe for dark-red, wiry stems, and headlike Artemisia arbuscula–perennial completing management plans and clusters of small, yellow flowers. This bunchgrass–forb community in which I. current planning efforts to assist us in species occupies vernally moist, rocky, webberi occurs. In addition to these defining foreseeable future. Based on clay soils with an argillic horizon that effects, these nonnative, invasive plant this timeframe information, we estimate shrink and swell upon drying and species, once established, contribute the foreseeable future to be at least 30 wetting in open to sparsely vegetated fuels that increase the frequency and years (i.e., 2043) for this analysis. areas associated with an Artemisia likelihood of wildfire in I. webberi Therefore, we conclude that P. basaltica arbuscula (low sagebrush)–perennial habitat.

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Wildfire was historically infrequent in plant species to invade otherwise regulations and policies implementing the Great Basin because the native plant remote, intact habitats. The U.S. Forest those laws (e.g., the National Forest communities made up of annuals and Service concluded that a 2006 travel Management Act, Federal Land Policy perennial bunchgrasses did not provide management plan for Peavine Mountain Management Act, National sufficient fine fuels to carry large-scale would benefit rare plant species, Environmental Policy Act). Ivesia wildfires. The bare spaces between including I. webberi; however, webberi receives special consideration widely spaced shrubs and the low fuel designated roads open to all vehicles on Federal lands because it is classified load of native annuals and perennial continue to bisect I. webberi as a sensitive species by both the Forest bunchgrasses generally prevented fire populations, and unauthorized OHV use Service and BLM (Service 2013b, pp. 3– from spreading, so the fires that did remains high within I. webberi 4). The species also is classified as burn were restricted to isolated patches. populations on Forest Service lands in threatened with extinction and fully In Artemisia arbuscula communities, the Reno urban area (Service 2013b, p. protected by the State of Nevada; such as those that Ivesia webberi 26). removing or destroying I. webberi and inhabits, the average fire return interval Development, which results in direct other fully protected plants is is greater than 100 years, due to natural mortality, habitat loss, degradation, and prohibited except under special permit lower productivity and fuel fragmentation, has resulted in the issued by the Nevada Division of accumulations (Service 2013b, p. 24). extirpation of one Ivesia webberi Forestry (NDF 2013). Ivesia webberi is However, beginning in the late 1800s, population and the loss of a portion of not listed as endangered or threatened the widespread invasion of nonnative another population (Service 2013x, p. under the California Endangered plant species, particularly annual x). Residential or commercial Species Act (CESA), but has a California grasses, has created a bed of continuous development is ongoing or planned at Native Plant Society (CNPS) rare plant fine fuels across the sagebrush each of the four Nevada populations rank of 1B.1 (seriously threatened in landscape in many areas (Service 2013b, located on private lands. In addition, California with over 80 percent of p. 24). This increase in fine fuels created construction of a 120-kV overhead occurrences threatened and high degree by nonnative, invasive plants has transmission line may impact two I. and immediacy of threat (CNPS 2013). resulted in more frequent fires that burn webberi populations located on Forest Ivesia webberi and other plants with a larger areas and often burn at higher Service lands (Service 2013b, p. 26). CNPS 1B rank must be fully considered intensities. Post-fire conditions further Livestock grazing has the potential to during preparation of environmental facilitate the invasion and establishment result in negative effects to I. webberi documents relating to the California of nonnative, invasive plant species, due to trampling and substrate Environmental Quality Act (CEQA) thus creating a positive feedback loop disturbance, but this situation is (CNPS 2013). between increased wildfire and the dependent on factors such as stocking The Forest Service drafted a spread of these species (Service 2013b, rate and season of use. Two I. webberi rangewide conservation strategy for p. 24). Ten of the 16 extant I. webberi populations occur in areas that are Ivesia webberi to guide conservation populations have experienced wildfire currently grazed by cattle, and another actions for the species on Forest Service since 1984 (Service 2013b, p. 24). seven populations occur within vacant lands (Service 2013b, pp. 21–22). The Because I. webberi did not evolve with grazing allotments that could be conservation strategy, which was signed frequent fire and does not possess reopened to grazing to alleviate grazing in 2010, will result in long-term benefits pressures on nearby allotments (Service to I. webberi populations located on adaptations that would help it persist in 2013b, p. 29). Forest Service lands (Bergstrom 2009, a frequent-fire fire regime, wildfires are Climate change is likely to affect pp. 1–46). However, we expect that the expected to have adverse population- Ivesia webberi, although it is difficult to landscape-level threats of nonnative, level impacts on the species. In project specific effects. In the Great invasive plants and increased wildfire addition, increased wildfire frequency Basin, temperatures have risen 0.9 to will continue to adversely affect I. within the species’ range results in 2.7 °F (0.5 to 1.5 °C) in the last 100 years webberi populations across the species’ increased wildfire suppression and are projected to warm another 3.8 range (Service 2013b, p. 22). activities, which also may adversely to 10.3 °F (2.1 to 5.7 °C) over the rest of affect I. webberi populations (Service the century (Service 2013b, p. 30). Determination 2013b, pp. 22, 24–25). Under current climate change We have carefully assessed the best Other threats impacting Ivesia webberi projections, we anticipate that future scientific and commercial information populations include OHV use and climatic conditions will favor the available regarding the past, present, roads, development, livestock grazing, further spread of nonnative, invasive and future threats to Ivesia webberi. We and climate change (Service 2013b, pp. plants and increase the frequency, considered the five factors identified in 25–31). OHV impacts to I. webberi spatial extent, and severity of wildfires section 4(a)(1) of the Act in determining populations have increased during the (Service 2013b, p. 30). Alteration of whether I. webberi meets the Act’s past 20 years as population growth and temperature and precipitation patterns definition of an endangered species associated development have increased as a result of climate change also may (section 3(6)) or threatened species (Bergstrom 2009, p. 22), especially in result in decreased survivorship of I. (section 3(20)). We find that I. webberi the Reno urban area where 6 of the 16 webberi by causing physiological stress, is threatened by the present or populations occur. Ten of 16 extant I. altering phenology, and reducing threatened destruction, modification, or webberi populations are adjacent to or reproduction or seedling establishment. curtailment of its habitat or range intersected by dirt roads and have been Because most of the habitat where the (Factor A). Present or threatened impacted to some degree by road species is known to occur is located on destruction, modification, or development and OHV use (Service Federal lands (69 percent of occupied curtailment of its habitat or range 2013b, pp. 25–26). Roads cause habitat habitat occurs on Forest Service lands, include habitat loss and degradation loss and degradation and when vehicles and 10 percent of occupied habitat due to nonnative, invasive plants, drive off existing roads and trails they occurs on BLM lands), Ivesia webberi modified fire regime (increased can crush plants, compact soils, and receives some conservation protections wildfire), OHV use and roads, provide a means for nonnative, invasive resulting from Federal laws and the development, livestock grazing, and

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climate change. Of these, we consider given current climate change consideration. The range of a species the additive and synergistic effects of projections, we anticipate that future can theoretically be divided into nonnative, invasive plants and climatic conditions will favor invasion portions an infinite number of ways. increased wildfire to be the greatest by nonnative, invasive plant species, However, analyzing portions of the threats to I. webberi. which will further contribute to range that are not reasonably likely to be Nonnative, invasive plant species increases in frequency, spatial extent, both (1) significant and (2) endangered such as Bromus tectorum and and severity of wildfires (Service 2013b, or threatened would serve no purpose. Taeniatherum caput-medusae can pp. 29–31). Based on the timeframe To identify only those portions that outcompete and displace I. webberi and associated with the documented warrant further consideration, we result in increased frequency, spatial increased level of some threats over the determine whether substantial extent, and severity of wildfires because past 30 years and the effects of climate information indicates that: (1) The of the increase in fine fuels they change projections on these threats, we portions may be significant, and (2) the produce. Twelve of the 16 extant estimate the foreseeable future to be at species may be in danger of extinction populations have already been invaded least 30 years (i.e., 2043). there or likely to become so within the by nonnative, invasive plant species and We find that Ivesia webberi is not foreseeable future. In practice, a key part 10 of the 16 extant populations have presently in danger of extinction of this analysis is whether the threats been impacted by wildfire since 1984. throughout all of its range, but that it is are geographically concentrated in some Because there are currently no feasible likely to become endangered throughout way. If the threats to the species are means for controlling the spread of all of its range in the foreseeable future. essentially uniform throughout its widespread nonnative, invasive plant We find that I. webberi is not presently range, no portion is likely to warrant species such as B. tectorum and T. in danger of extinction because the further consideration. Moreover, if any caput-medusae, we expect that wildfires species is characterized by multiple concentration of threats applies only to will continue to impact I. webberi populations spread across northeastern portions of the species’ range that are populations. Increased temperatures California and northwestern Nevada and not significant, such portions will not and altered precipitation patterns due to that, in total, these populations provide warrant further consideration. climate change are projected to lead to sufficient redundancy (multiple If we identify portions that warrant further increases in wildfire and populations distributed across the further consideration, we then nonnative, invasive plants. OHV use landscape), resiliency (capacity for a determine whether the species is and roads, development, and livestock species to recover from periodic endangered or threatened in these grazing are having impacts on certain I. disturbance), and representation (range portions of its range. Depending on the webberi populations. of variation found in a species) such biology of the species, its range, and the We did not identify threats to Ivesia that I. webberi is not at immediate risk threats it faces, the Service may address webberi due to overutilization for of extinction. However, because either the significance question or the commercial, recreational, scientific, or multiple threats (nonnative, invasive status question first. Thus, if the Service educational purposes (Factor B); disease plants, increased wildfire, OHV use and considers significance first and or predation (Factor C); or other natural roads, development, livestock grazing, determines that a portion of the range is or manmade factors affecting its and climate change) are impacting many not significant, the Service need not continued existence (Factor E). of the I. webberi populations and determine whether the species is Although regulatory mechanisms because additive and synergistic effects endangered or threatened there. (Factor D) are in place that provide due to nonnative, invasive plants, Likewise, if the Service considers status some protection to I. webberi and its increased wildfire, and climate change first and determines that the species is habitat, these mechanisms do not are likely to continue and increase in not endangered or threatened in a completely alleviate all of the threats the future, we find that I. webberi is portion of its range, the Service need not currently acting on the species. likely to become an endangered species determine if that portion is significant. The Act defines an endangered throughout all of its range in the However, if the Service determines that species as any species that is ‘‘in danger foreseeable future. Therefore, on the both a portion of the range of a species of extinction throughout all or a basis of the best available scientific and is significant and the species is significant portion of its range’’ and a commercial information, we propose endangered or threatened there, the threatened species as any species ‘‘that listing I. webberi as a threatened species. Service will specify that portion of the is likely to become endangered Under the Act and our implementing range as endangered or threatened throughout all or a significant portion of regulations, a species may warrant under section 4(c)(1) of the Act. its range within the foreseeable future.’’ listing if it is endangered or threatened The primary threats to Ivesia webberi Available population information for throughout all or a significant portion of occur throughout the species’ range and Ivesia webberi is not useful for its range. are not restricted to or concentrated in determining trends because population any particular portion of that range. The estimates have been obtained by Significant Portion of the Range primary threats of nonnative, invasive different observers employing a variety Having determined that Ivesia webberi plants and increased wildfire are of means and levels of survey effort. meets the Act’s definition of a impacting I. webberi populations Nonnative, invasive plant species, threatened species, we must next throughout the California and Nevada wildfire, and OHV activity are present consider whether there are any portions of the species’ range. Climate impacts throughout the range of I. significant portions of its range where I. change also is acting on I. webberi webberi and in some cases are found to webberi is presently in danger of throughout the species’ range. Thus, we be increasing for many years with data extinction and thus meets the definition conclude that threats impacting I. in particular related to increased of an endangered species. In webberi are not concentrated in certain recreational OHV activity over the past determining whether a species is areas and, thus, there are no significant 20 years (Service 2013b, pp. 25–26) and endangered or threatened in a portions of its range where the species increased wildfire and suppression significant portion of its range, we first should be classified as an endangered activities over the past 30 years (Service identify any portions of the range of the species. Accordingly, our proposal to 2013b, pp. 22, 24–25). Additionally, species that warrant further list I. webberi as a threatened species

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applies throughout the species’ entire often established to develop recovery listed subsequently, section 7(a)(2) of range. plans. When completed, the recovery the Act requires Federal agencies to outline, draft recovery plan, and the ensure that activities they authorize, Available Conservation Measures final recovery plan will be available on fund, or carry out are not likely to Resulting From Listing our Web site (http://www.fws.gov/ jeopardize the continued existence of Conservation measures provided to endangered), or from our Nevada Fish the species or destroy or adversely species listed as endangered or and Wildlife Office (see FOR FURTHER modify its critical habitat. If a Federal threatened under the Act include INFORMATION CONTACT). action may affect a listed species or its recognition, recovery actions, Implementation of recovery actions critical habitat, the responsible Federal requirements for Federal protection, and generally requires the participation of a agency must enter into consultation prohibitions against certain practices. broad range of partners, including other with the Service. Recognition through listing results in Federal agencies, States, Tribal, Federal agency actions within Ivesia public awareness and conservation by nongovernmental organizations, webberi’s habitat that may require Federal, State, Tribal, and local businesses, and private landowners. conference or consultation or both as agencies, private organizations, and Examples of recovery actions include described in the preceding paragraph individuals. The Act provides direction habitat restoration (e.g., restoration of include land management actions that for cooperation with the States and native vegetation), research, captive could result in impacts to soil requires that recovery actions be carried propagation and reintroduction, and characteristics or seedbank viability, out for all listed species. The protection outreach and education. The recovery of pollinators or their habitat, and required by Federal agencies and the many listed species cannot be associated native vegetation community, prohibitions against certain activities accomplished solely on Federal lands and any other landscape-altering are discussed, in part, below. because their range may occur primarily activities on Federal lands, such as: The primary purpose of the Act is the or solely on non-Federal lands. To Reauthorization of grazing permits by conservation of endangered and achieve recovery of these species the BLM and the U.S. Forest Service, threatened species and the ecosystems requires cooperative conservation efforts issuance of section 404 Clean Water Act upon which they depend. The ultimate on private, State, and Tribal lands. (33 U.S.C. 1251 et seq.) permits by the goal of such conservation efforts is the If Ivesia webberi is listed, funding for U.S. Army Corps of Engineers, recovery of these listed species, so that recovery actions will be available from construction and management of gas they no longer need the protective a variety of sources, including Federal pipeline and power line rights-of-way measures of the Act. Subsection 4(f) of budgets, State programs, and cost share by the Federal Energy Regulatory the Act requires the Service to develop grants for non-Federal landowners, the Commission, and construction and and implement recovery plans for the academic community, and maintenance of roads or highways by conservation of endangered and nongovernmental organizations. In the Federal Highway Administration. threatened species. The recovery addition, pursuant to section 6 of the Our policy, as published in the planning process involves the Act, the States of California and Nevada Federal Register on July 1, 1994 (59 FR identification of actions that are would be eligible for Federal funds to 34272), is to identify to the maximum necessary to halt or reverse the species’ implement management actions that extent practicable at the time a species decline by addressing the threats to its promote the protection or recovery of I. is listed, those activities that would or survival and recovery. The goal of this webberi. Information on our grant would not constitute a violation of process is to restore listed species to a programs that are available to aid section 9 of the Act. The intent of this point where they are secure, self- species recovery can be found at: policy is to increase public awareness of sustaining, and functioning components http://www.fws.gov/grants. the effect of a proposed listing on of their ecosystems. Although Ivesia webberi is only proposed and ongoing activities within Recovery planning includes the proposed for listing under the Act at the range of species proposed for listing. development of a recovery outline this time, please let us know if you are The Act and its implementing shortly after a species is listed and interested in participating in recovery regulations set forth a series of general preparation of a draft and final recovery efforts for this species. Additionally, we prohibitions and exceptions that apply plan. The recovery outline guides the invite you to submit any new to endangered and threatened plants. immediate implementation of urgent information on this species whenever it The prohibitions of section 9(a)(2) of the recovery actions and describes the becomes available and any information Act, codified at 50 CFR 17.61, apply to process to be used to develop a recovery you may have for recovery planning endangered plants. These prohibitions, plan. Revisions of the plan may be done purposes (see FOR FURTHER INFORMATION in part, make it illegal for any person to address continuing or new threats to CONTACT). subject to the jurisdiction of the United the species, as new substantive Section 7(a) of the Act requires States to import or export, transport in information becomes available. The Federal agencies to evaluate their interstate or foreign commerce in the recovery plan identifies site-specific actions with respect to any species that course of a commercial activity, sell or management actions that set a trigger for is proposed or listed as an endangered offer for sale in interstate or foreign review of the five factors that control or threatened species and with respect commerce, or remove and reduce the whether a species remains endangered to its critical habitat, if any is species to possession from areas under or may be downlisted or delisted, and designated. Regulations implementing Federal jurisdiction. These take methods for monitoring recovery this interagency cooperation provision prohibitions for endangered plant progress. Recovery plans also establish of the Act are codified at 50 CFR Part species are extended to threatened plant a framework for agencies to coordinate 402. Section 7(a)(4) of the Act requires species under 50 CFR 17.71, except the their recovery efforts and provide Federal agencies to confer with the take prohibitions do not extend to seeds estimates of the cost of implementing Service on any action that is likely to of cultivated specimens, provided that a recovery tasks. Recovery teams jeopardize the continued existence of a statement that the seeds are of (composed of species experts, Federal species proposed for listing or result in ‘‘cultivated origin’’ accompanies the and State agencies, nongovernmental destruction or adverse modification of seeds or their container. Also, 50 CFR organizations, and stakeholders) are proposed critical habitat. If a species is 17.71(b) authorizes Service and State

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conservation agency employees to Administrative Code 527.010) in 2004. environmental impact statements, as remove and reduce to possession from Removing or destroying plants on the defined under the authority of the Federal lands those threatened plant State’s fully protected list is prohibited National Environmental Policy Act species covered by cooperative except under special permit issued by (NEPA; 42 U.S.C. 4321 et seq.), need not agreements under section 6(c) of the the Nevada Division of Forestry (N.R.S. be prepared in connection with listing Act. 527.270). Ivesia webberi is not listed by a species as an endangered or We may issue permits to carry out the State of California under the threatened species under the otherwise prohibited activities California Endangered Species Act Endangered Species Act. We published involving endangered and threatened (CESA), so removal or destruction of a notice outlining our reasons for this wildlife species under certain plants is not currently prohibited by determination in the Federal Register circumstances. Regulations governing State law in California. Ivesia webberi on October 25, 1983 (48 FR 49244). permits are codified at 50 CFR 17.62 for does have a California Native Plant endangered plants, and at 17.72 for Government-to-Government Society rare plant rank of 1B.1 and must Relationship With Tribes threatened plants. With regard to be fully considered during preparation endangered plants, a permit must be of environmental documents relating to In accordance with the President’s issued for the following purposes: For the California Environmental Quality memorandum of April 29, 1994 scientific purposes or to enhance the Act (CEQA) (see Summary of Biological (Government-to-Government Relations propagation or survival of the species. Status and Threats section). with Native American Tribal Under section 4(d) of the ESA, the Governments; 59 FR 22951), Executive Secretary has discretion to issue such Required Determinations Order 13175 (Consultation and regulations as he deems necessary and Clarity of the Rule Coordination With Indian Tribal advisable to provide for the Governments), and the Department of conservation of threatened species. Our We are required by Executive Orders the Interior’s manual at 512 DM 2, we implementing regulations (50 CFR 12866 and 12988 and by the readily acknowledge our responsibility 17.71) for threatened plants generally Presidential Memorandum of June 1, to communicate meaningfully with incorporate the prohibitions of section 9 1998, to write all rules in plain recognized Federal Tribes on a of the Act for endangered plants, except language. This means that each rule we government-to-government basis. In when a ‘‘special rule’’ promulgated publish must: accordance with Secretarial Order 3206 pursuant to section 4(d) of the Act has (1) Be logically organized; of June 5, 1997 (American Indian Tribal been issued with respect to a particular (2) Use the active voice to address Rights, Federal-Tribal Trust threatened species. In such a case, the readers directly; Responsibilities, and the Endangered general prohibitions in 50 CFR 17.61 (3) Use clear language rather than Species Act), we readily acknowledge would not apply to that species, and jargon; our responsibilities to work directly instead, the special rule would define (4) Be divided into short sections and with tribes in developing programs for the specific take prohibitions and sentences; and healthy ecosystems, to acknowledge that exceptions that would apply for that (5) Use lists and tables wherever tribal lands are not subject to the same particular threatened species, which we possible. controls as Federal public lands, to consider necessary and advisable to If you feel that we have not met these remain sensitive to Indian culture, and conserve the species. The Secretary also requirements, send us comments by one to make information available to tribes. has the discretion to prohibit by of the methods listed in the ADDRESSES References Cited regulation with respect to a threatened section. To better help us revise the species any act prohibited by section rule, your comments should be as A complete list of references cited in 9(a)(2) of the ESA. Exercising this specific as possible. For example, you this rulemaking is available on the discretion, which has been delegated to should tell us the numbers of the Internet at http://www.regulations.gov the Service by the Secretary, the Service sections or paragraphs that are unclearly and upon request from the Nevada Fish has developed general prohibitions that written, which sections or sentences are and Wildlife Office (see FOR FURTHER are appropriate for most threatened too long, the sections where you feel INFORMATION CONTACT). species in 50 CFR 17.71 and exceptions lists or tables would be useful, etc. Authors to those prohibitions in 50 CFR 17.62. Paperwork Reduction Act of 1995 (44 We are not proposing to promulgate a The primary authors of this proposed U.S.C. 3501 et seq.) special section 4(d) rule, and as a result, rule are the staff members of the all of the section 9 prohibitions, This rule does not contain any new Service’s Nevada Fish and Wildlife including the ‘‘take’’ prohibitions, will collections of information that require Office and Region 8 Regional Office. apply to the Ivesia webberi. approval by OMB under the Paperwork List of Subjects in 50 CFR Part 17 Questions regarding whether specific Reduction Act of 1995 (44 U.S.C. 3501 activities would constitute a violation of et seq.). This rule will not impose Endangered and threatened species, section 9 of the Act should be directed recordkeeping or reporting requirements Exports, Imports, Reporting and to the U.S. Fish and Wildlife Service, on State or local governments, recordkeeping requirements, Nevada Fish and Wildlife Office (see individuals, businesses, or Transportation. FOR FURTHER INFORMATION CONTACT). organizations. An agency may not Proposed Regulation Promulgation In addition to the take prohibitions conduct or sponsor, and a person is not Accordingly, we propose to amend that would be afforded to Ivesia webberi required to respond to, a collection of part 17, subchapter B of chapter I, title throughout its range in California and information unless it displays a 50 of the Code of Federal Regulations, Nevada under section 9 of the Act, I. currently valid OMB control number. as set forth below: webberi is listed as threatened by the National Environmental Policy Act (42 State of Nevada pursuant to Nevada PART 17—[AMENDED] Revised Statute (N.R.S.) 527.260–.300 U.S.C. 4321 et seq.) and was added to the State list of fully We have determined that ■ 1. The authority citation for part 17 protected species of native flora (Nevada environmental assessments and continues to read as follows:

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Authority: 16 U.S.C. 1361–1407; 1531– (Webber’s ivesia)’’ to the List of § 17.12 Endangered and threatened plants. 1544; and 4201–4245; unless otherwise Endangered and Threatened Plants in * * * * * noted. alphabetical order under ‘‘Flowering (h) * * * ■ 2. Amend § 17.12 paragraph (h), by Plants’’ to read as follows: adding an entry for ‘‘Ivesia webberi

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Ivesia webberi ...... Webber’s ivesia ...... U.S.A. (CA, NV) ..... Rosaceae ...... T ...... NA NA

*******

* * * * * DATES: Public comments must be remain anonymous). Attachments to Dated: July 23, 2013. received by September 3, 2013. electronic comments will be accepted in Signed: ADDRESSES: Copies of supporting Microsoft Word, Excel, or Adobe PDF file formats only. Stephen Guertin, documents used by the New England FOR FURTHER INFORMATION CONTACT: Director, U.S. Fish and Wildlife Service. Fishery Management Council (Council), including the Environmental Carrie Nordeen, Fishery Policy Analyst, [FR Doc. 2013–18579 Filed 8–1–13; 8:45 am] Assessment (EA) and Regulatory Impact (978) 281–9272, fax (978) 281–9135. BILLING CODE 4310–55–P Review (RIR)/Initial Regulatory SUPPLEMENTARY INFORMATION: Flexibility Analysis (IRFA), are available from: Thomas A. Nies, Background DEPARTMENT OF COMMERCE Executive Director, New England Regulations implementing the Fishery Management Council, 50 Water Atlantic Herring Fishery Management National Oceanic and Atmospheric Street, Mill 2, Newburyport, MA 01950, Plan (FMP) for herring appear at 50 CFR Administration telephone (978) 465–0492. The EA/RIR/ part 648, subpart K. The regulations at IRFA is also accessible via the Internet § 648.200 require the Council to 50 CFR Part 648 at http://www.nero.nmfs.gov. recommend herring specifications for You may submit comments, identified NMFS’ review and proposal in the [Docket No. 130408348–3348–01] by NOAA–NMFS–2013–0120, by any Federal Register, including the one of the following methods: overfishing limit (OFL), acceptable RIN 0648–BD17 —Electronic Submission: Submit all biological catch (ABC), annual catch Fisheries of the Northeastern United electronic public comments via the limit (ACL), optimum yield (OY), States; Atlantic Herring Fishery; Federal e-Rulemaking Portal. Go to domestic annual harvest (DAH), Framework Adjustment 2 and www.regulations.gov/#!docketDetail; domestic annual processing (DAP), U.S. Specifications D=NOAA-NMFS-2013-0120, click the at-sea processing (USAP), border ‘‘Comment Now!’’ icon, complete the transfer (BT), the sub-ACL for each AGENCY: National Marine Fisheries required fields, and enter or attach your management area, including seasonal Service (NMFS), National Oceanic and comments; periods as allowed by § 648.201(d) and Atmospheric Administration (NOAA), —Mail: Submit written comments to modifications to sub-ACLs as allowed Commerce. NMFS, Northeast Regional Office, 55 by § 648.201(f), and the amount to be set ACTION: Proposed rule, request for Great Republic Drive, Gloucester, MA aside for the research set aside (RSA) (3 comments. 01930. Mark the outside of the envelope percent of the sub-ACL from any ‘‘Comments on Framework 2 and 2013– management area) for up to 3 years. SUMMARY: NMFS proposes regulations to 2015 Herring Specifications;’’ The proposed 2013–2015 herring implement Framework Adjustment 2 to —Fax: (978) 281–9135, Attn: Carrie specifications are based on the the Atlantic herring Fishery Nordeen. provisions currently in the Herring Management Plan and the 2013–2015 Instructions: Comments sent by any FMP, and provide the necessary fishery specifications for the Atlantic other method, to any other address or elements to comply with the ACL and herring fishery. Framework 2 would individual, or received after the end of accountability measure (AM) allow the New England Fishery the comment period, may not be requirements of the Magnuson-Stevens Management Council to split annual considered by NMFS. All comments Fishery Conservation and Management catch limits seasonally for the four received are a part of the public record Act (MSA). This action also includes Atlantic herring management areas, and and will generally be posted for public measures proposed in Framework the carryover of unharvested catch, up viewing on www.regulations.gov Adjustment 2 (Framework 2) to the to 10 percent for each area’s annual without change. All personal identifying FMP. catch limit. The specifications would set information (e.g., name, address, etc.), catch specifications for the herring confidential business information, or Framework 2 Measures fishery for the 2013–2015 fishing years otherwise sensitive information Framework 2 would allow seasonal and would establish seasonal splits for submitted voluntarily by the sender will splits of sub-ACLs for all herring management areas 1A and 1B as be publicly accessible. NMFS will management areas through the recommended to NMFS by the New accept anonymous comments (enter ‘‘N/ specifications process. The Herring FMP England Fishery Management Council. A’’ in the required fields if you wish to already authorizes seasonal splits of the

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