Federal Register/Vol. 78, No. 211/Thursday, October 31, 2013/Proposed Rules
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 65249 facsimile 406–449–5339. If you use a review.cfm and also at the Federal Please include sufficient information telecommunications device for the deaf eRulemaking Portal: http:// with your submission (such as scientific (TDD), call the Federal Information www.regulations.gov. Individual journal articles or other publications) to Relay Service (FIRS) at 800–877–8339. comments may be read and specific allow us to verify any scientific or SUPPLEMENTARY INFORMATION: comments may be found using the commercial information you include. Search box function at that Web site. Please note that submissions merely Background Information Requested stating support for or opposition to the On February 4, 2013, we published in action under consideration without the Federal Register a proposed rule to We will accept written comments and providing supporting information, list the distinct population segment of information during this reopened although noted, will not be considered the North American wolverine (78 FR comment period and will consider in making a determination, as section 7864) under the Endangered Species Act information and recommendations from 4(b)(1)(A) of the Act directs that of 1973, as amended (Act) (16 U.S.C. all interested parties. If you previously determinations as to whether any 1531 et seq.). The proposed rule had a submitted comments or information on species is a threatened or endangered 90-day comment period, which ended the proposed rule, please do not species must be made ‘‘solely on the May 6, 2013. During the comment resubmit them. We have incorporated basis of the best scientific and period, we received several comments them into the public record, and we will commercial data available.’’ from the public, States, and peer fully consider them in the preparation You may submit your comments and reviewers that questioned our analysis of our final determination. We intend materials concerning this proposed rule of the best available scientific that any final action resulting from this by one of the methods listed above in information that we used in the proposal be based on the best scientific ADDRESSES. We request that you send proposed rule. Specifically, some of the and commercial data available and be as comments only by the methods peer reviewers and States disagreed accurate and as effective as possible. described in ADDRESSES. with our determination that wolverines We request comments or information If you submit information via http:// are dependent on persistent late spring from the public, other concerned www.regulations.gov, your entire snow. governmental agencies, Native submission—including any personal Some commenters thought that American tribes, the scientific identifying information—will be posted wolverine distribution was not community, industry, or any other on the Web site. If your submission is restricted by access to snow dens and interested parties concerning this made via a hardcopy that includes that wolverine distribution and behavior proposed rule. We particularly seek personal identifying information, you was better explained by other comments concerning: may request at the top of your document (1) Whether wolverines are dependent hypotheses, such as the need for cold that we withhold this information from on cold and snowy conditions and places to cache food. They also public review. However, we cannot habitat that closely approximates the disagreed with our interpretation of the guarantee that we will be able to do so. area covered by snow until late spring scientific information regarding the We will post all hardcopy submissions (May 15). likely effects of climate change on on http://www.regulations.gov. wolverines in the future. Our a. Whether wolverines are dependent assessment of climate change impacts on such habitats defined by persistent Authority on wolverines used wolverines’ snow spring snow for feeding, breeding, and The authority for this action is the dependence and suitable wolverine sheltering. Endangered Species Act of 1973, as b. Whether the projected impacts of habitat and climate change models to amended (16 U.S.C. 1531 et seq.). predict future impacts of climate change climate change will result in loss of Dated: October 23, 2013. on wolverine habitat suitability. Some habitat for wolverines. of the commenters disagreed with this (2) The factors that are the basis for Stephen Guertin, assessment and suggested that if the making a listing determination for a Acting Director, U.S. Fish and Wildlife model of wolverine habitat that we used species under section 4(a) of the Act, Service. was not scientifically supported, then which are: [FR Doc. 2013–25849 Filed 10–30–13; 8:45 am] a. The present or threatened any analysis of climate change impacts BILLING CODE 4310–55–P destruction, modification, or to wolverines based on that habitat curtailment of its habitat or range; model may be flawed. Other peer b. Overutilization for commercial, DEPARTMENT OF COMMERCE reviewers were supportive of our recreational, scientific, or educational interpretations of this information and purposes; provided analyses to support their National Oceanic and Atmospheric c. Disease or predation; Administration views. d. The inadequacy of existing We are reopening the comment period regulatory mechanisms; or 50 CFR Part 224 to seek additional public comment on e. Other natural or manmade factors the proposed rule and on the issues affecting its continued existence. [Docket No. 120705210–3872–02] outlined below. To ensure the public (3) Information regarding the threats RIN 0648–XC101 has an adequate opportunity to review we identified in the proposed rule, or and comment on the new information threats to the species that we may have Endangered and Threatened Wildlife submitted to us on the proposed rule, overlooked in the proposed rule. and Plants; 12-Month Finding and we are reopening the comment period Threats we identified were: Proposed Endangered Listing of Five until the date specified above in DATES. a. Habitat loss due to climate change; Species of Sturgeons Under the We intend to issue a final determination b. Regulated trapping of wolverines Endangered Species Act on this rule by February 4, 2014. and trapping of wolverines incidental to The information provided by the peer- trapping for other species; and AGENCY: National Marine Fisheries reviewers can be found at our peer- c. Inbreeding and related genetic and Service (NMFS), National Oceanic and review Web site at http://www.fws.gov/ demographic effects of small and Atmospheric Administration (NOAA), mountain-prairie/science/peer_ isolated populations. Commerce. VerDate Mar<15>2010 16:47 Oct 30, 2013 Jkt 232001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\31OCP1.SGM 31OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 65250 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules ACTION: Proposed rule; 12-month otherwise sensitive information We are responsible for determining petition finding; request for comments. submitted voluntarily by the sender will whether species are threatened or be publicly accessible. We will accept endangered under the ESA (16 U.S.C. SUMMARY: We, NMFS, have completed anonymous comments (enter ‘‘N/A’’ in 1531 et seq.). To make this comprehensive status reviews under the the required fields if you wish to remain determination, we first consider Endangered Species Act (ESA) of five anonymous). Attachments to electronic whether a group of organisms species of foreign sturgeons in response comments will be accepted in Microsoft constitutes a ‘‘species’’ under the ESA, to a petition. We have determined, Word, Excel, or Adobe PDF file formats then whether the status of the species based on the best scientific and only. qualifies it for listing as either commercial data available and after You can obtain the petition, the threatened or endangered. Section 3 of taking into account efforts being made proposed rule, and the list of references the ESA defines a ‘‘species’’ as ‘‘any to protect the species, that Acipenser electronically on our NMFS Web site at subspecies of fish or wildlife or plants, naccarii (Adriatic sturgeon), and A. http://www.nmfs.noaa.gov/pr/. and any distinct population segment of sturio (European sturgeon) in Western any species of vertebrate fish or wildlife Europe, A. sinensis (Chinese sturgeon) FOR FURTHER INFORMATION CONTACT: Dr. which interbreeds when mature.’’ in the Yangtze River basin, and A. Dwayne Meadows, NMFS, Office of Section 3 of the ESA further defines an mikadoi (Sakhalin sturgeon) and Huso Protected Resources, (301) 427–8403. endangered species as ‘‘any species dauricus (Kaluga sturgeon) in the Amur SUPPLEMENTARY INFORMATION: which is in danger of extinction River Basin/Sea of Japan/Sea of Okhotsk Background throughout all or a significant portion of region, meet the definition of its range’’ and a threatened species as endangered species. We are not On March 12, 2012, we received a proposing to designate critical habitat petition from the WildEarth Guardians one ‘‘which is likely to become an because the geographical areas occupied and Friends of Animals to list 15 endangered species within the by these species are entirely outside species of sturgeon (Acipenser foreseeable future throughout all or a U.S. jurisdiction and we have not naccarii—Adriatic sturgeon; A. sturio— significant portion of its range.’’ We identified any unoccupied areas that are European sturgeon; A. gueldenstaedtii— interpret an ‘‘endangered species’’ to be currently essential to the conservation Russian sturgeon; A. nudiventris—ship one that is presently in danger of of any of these species. We are soliciting sturgeon/bastard sturgeon/fringebarbel extinction. A ‘‘threatened species,’’ on information that may be relevant to sturgeon/spiny sturgeon/thorn sturgeon; the other hand, is not presently in these listing and critical habitat A. persicus—Persian sturgeon; A. danger of extinction, but is likely to determinations, especially on the status stellatus—stellate sturgeon/star become so in the foreseeable future (that and conservation of these species.