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Federal Register/Vol. 81, No. 35/Tuesday, February 23, 2016

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Federal Register/Vol. 81, No. 35/Tuesday, February 23, 2016 8874 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules general applicability date under review of these species to determine if ESA throughout their respective ranges, paragraph (d)(1) of this section. the petitioned action is warranted. To or, as an alternative, to list any (5) Elective application of definition ensure that the status review is identified DPSs as threatened or of political subdivision. An issuer may comprehensive, we are soliciting endangered. The petition also states that choose to apply the definition of scientific and commercial information if the Caribbean manta ray is political subdivision in paragraph (c) of pertaining to these two species from any determined to be a subspecies of the this section to an issue of bonds in interested party. We also find that the giant manta ray and not a distinct circumstances in which that section petition and information in our files species, then we should consider listing otherwise would not apply to that issue does not present substantial scientific or the subspecies under the ESA. However, under paragraph (d)(2) or (3) of this commercial information indicating that if we determine that the Caribbean section, provided that choice is applied the Caribbean manta ray is a manta ray is neither a species nor a consistently to the issue. An entity may taxonomically valid species or subspecies, then the petition requests choose to apply the definition of subspecies for listing, and, therefore, it that we list the giant manta ray, political subdivision in paragraph (c) of does not warrant listing at this time. including all specimens in the this section to an entity in DATES: Information and comments on Caribbean, Gulf of Mexico and circumstances in which that section the subject action must be received by southeastern United States, under the otherwise would not apply to that entity April 25, 2016. ESA. The petition requests that critical habitat be designated concurrently with under paragraph (d)(4) of this section, ADDRESSES: You may submit comments, listing under the ESA. Copies of the provided that choice is applied information, or data on this document, petition are available upon request (see consistently to the entity. identified by the code NOAA–NMFS– ADDRESSES). John Dalrymple, 2016–0014, by either any of the following methods: ESA Statutory, Regulatory, and Policy Deputy Commissioner for Services and • Enforcement. Electronic Submissions: Submit all Provisions and Evaluation Framework electronic public comments via the [FR Doc. 2016–03790 Filed 2–22–16; 8:45 am] Section 4(b)(3)(A) of the ESA of 1973, Federal eRulemaking Portal. Go to BILLING CODE 4830–01–P as amended (16 U.S.C. 1531 et seq.), www.regulations.gov/ requires, to the maximum extent #!docketDetail;D=NOAA-NMFS-2016- practicable, that within 90 days of 0014. Click the ‘‘Comment Now’’ icon, DEPARTMENT OF COMMERCE receipt of a petition to list a species as complete the required fields, and enter threatened or endangered, the Secretary or attach your comments. National Oceanic and Atmospheric of Commerce make a finding on whether • Mail: Submit written comments to Administration that petition presents substantial Maggie Miller, NMFS Office of scientific or commercial information Protected Resources (F/PR3), 1315 East- 50 CFR Parts 223 and 224 indicating that the petitioned action West Highway, Silver Spring, MD may be warranted, and to promptly [Docket No. 160105011–6011–01] 20910, USA. publish such finding in the Federal Instructions: Comments sent by any RIN 0648–XE390 Register (16 U.S.C. 1533(b)(3)(A)). When other method, to any other address or it is found that substantial scientific or individual, or received after the end of Endangered and Threatened Wildlife; commercial information in a petition the comment period, may not be 90-Day Finding on a Petition To List indicates the petitioned action may be considered by NMFS. All comments Three Manta Rays as Threatened or warranted (a ‘‘positive 90-day finding’’), received are a part of the public record Endangered Under the Endangered we are required to promptly commence and will generally be posted for public Species Act a review of the status of the species viewing on www.regulations.gov concerned during which we will AGENCY: National Marine Fisheries without change. All personal identifying conduct a comprehensive review of the Service (NMFS), National Oceanic and information (e.g., name, address, etc.), best available scientific and commercial Atmospheric Administration (NOAA), confidential business information, or information. In such cases, we conclude Department of Commerce. otherwise sensitive information the review with a finding as to whether, ACTION: 90-day petition finding; request submitted voluntarily by the sender will in fact, the petitioned action is for information. be publicly accessible. NMFS will warranted within 12 months of receipt accept anonymous comments (enter ‘‘N/ of the petition. Because the finding at SUMMARY: We, NMFS, announce a 90- A’’ in the required fields if you wish to the 12-month stage is based on a more day finding on a petition to list three remain anonymous). thorough review of the available manta rays, identified as the giant manta Copies of the petition and related information, as compared to the narrow ray (Manta birostris), reef manta ray (M. materials are available on our Web site scope of review at the 90-day stage, a alfredi), and Caribbean manta ray (M. at http://www.fisheries.noaa.gov/pr/ ‘‘may be warranted’’ finding does not c.f. birostris), range-wide or, in the species/fish/manta-ray.html. prejudge the outcome of the status alternative, any identified distinct FOR FURTHER INFORMATION CONTACT: review. population segments (DPSs), as Maggie Miller, Office of Protected Under the ESA, a listing threatened or endangered under the Resources, 301–427–8403. determination may address a species, Endangered Species Act (ESA), and to SUPPLEMENTARY INFORMATION: which is defined to also include designate critical habitat concurrently subspecies and, for any vertebrate with the listing. We find that the Background species, any DPS that interbreeds when petition and information in our files On November 10, 2015, we received mature (16 U.S.C. 1532(16)). A joint present substantial scientific or a petition from Defenders of Wildlife to NMFS-U.S. Fish and Wildlife Service commercial information indicating that list the giant manta ray (M. birostris), (USFWS) (jointly, ‘‘the Services’’) policy the petitioned action may be warranted reef manta ray (M. alfredi) and clarifies the agencies’ interpretation of for the giant manta ray and the reef Caribbean manta ray (M. c.f. birostris) as the phrase ‘‘distinct population manta ray. We will conduct a status threatened or endangered under the segment’’ for the purposes of listing, VerDate Sep<11>2014 16:43 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Proposed Rules 8875 delisting, and reclassifying a species be based on accepted scientific information indicating that listing may under the ESA (61 FR 4722; February 7, principles, unless we have specific be warranted. We look for information 1996). A species, subspecies, or DPS is information in our files that indicates indicating that not only is the particular ‘‘endangered’’ if it is in danger of the petition’s information is incorrect, species exposed to a factor, but that the extinction throughout all or a significant unreliable, obsolete, or otherwise species may be responding in a negative portion of its range, and ‘‘threatened’’ if irrelevant to the requested action. fashion; then we assess the potential it is likely to become endangered within Information that is susceptible to more significance of that negative response. the foreseeable future throughout all or than one interpretation or that is Many petitions identify risk a significant portion of its range (ESA contradicted by other available classifications made by sections 3(6) and 3(20), respectively, 16 information will not be dismissed at the nongovernmental organizations, such as U.S.C. 1532(6) and (20)). Pursuant to the 90-day finding stage, so long as it is the International Union on the ESA and our implementing regulations, reliable and a reasonable person would Conservation of Nature (IUCN), the we determine whether species are conclude it supports the petitioners’ American Fisheries Society, or threatened or endangered based on any assertions. In other words, conclusive NatureServe, as evidence of extinction one or a combination of the following information indicating the species may risk for a species. Risk classifications by five section 4(a)(1) factors: The present meet the ESA’s requirements for listing other organizations or made under other or threatened destruction, modification, is not required to make a positive 90- Federal or state statutes may be or curtailment of habitat or range; day finding. We will not conclude that informative, but such classification overutilization for commercial, a lack of specific information alone alone may not provide the rationale for recreational, scientific, or educational negates a positive 90-day finding if a a positive 90-day finding under the purposes; disease or predation; reasonable person would conclude that ESA. For example, as explained by inadequacy of existing regulatory the unknown information itself suggests NatureServe,
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