4022 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices DEPARTMENT OF COMMERCE Background indicating that the requested listing of In 1997, we added Alabama shad to Alabama shad may be warranted. National Oceanic and Atmospheric our Candidate Species List (62 FR On April 28, 2011, in response to the Administration 37562; July 14, 1997). At that time, a negative 90-day finding, CBD filed a candidate species was defined as any notice of intent to sue the Department [Docket No. 130626570–6999–02] species being considered by the of Commerce (DOC) and NMFS for Secretary of Commerce (Secretary) for alleged violations of the ESA in making its finding. CBD filed the lawsuit in the RIN 0648–XC742 listing as an endangered or a threatened species, but not yet the subject of a U.S. District Court for the District of Endangered and Threatened Wildlife proposed rule (49 FR 38900; October 1, Columbia on January 18, 2012. On June 21, 2013, CBD and DOC/NMFS settled and Plants: Notice of 12-Month Finding 1984). In 2004, we created the Species the lawsuit. We agreed to reevaluate the on a Petition To List Alabama Shad as of Concern list (69 FR 19975; April 15, original listing petition, as well as Threatened or Endangered Under the 2004) to encompass species for which information in our files, including some Endangered Species Act we have some concerns regarding their additional information we acquired after status and threats, but for which the original 90-day finding published on AGENCY: National Marine Fisheries insufficient information is available to February 17, 2011, and publish a new Service (NMFS), National Oceanic and indicate a need to list the species under 90-day finding. On September 19, 2013, Atmospheric Administration (NOAA), the Endangered Species Act (ESA). we published a 90-day finding with our Commerce. Twenty-five candidate species, determination that the petition ACTION: Notice of 12-month finding. including the Alabama shad, were presented substantial scientific and transferred to the Species of Concern list SUMMARY: We, NMFS, announce a 12- commercial information indicating that at that time because they were not being the petitioned action may be warranted month finding and listing determination considered for ESA listing and were on a petition to list Alabama shad (78 FR 57611). better suited for Species of Concern Our 90-day finding requested (Alosa alabamae) as threatened or status due to some concerns and endangered under the Endangered scientific and commercial information uncertainty regarding their biological from the public to inform a review of Species Act (ESA). We have completed status and threats. The Species of a comprehensive review of the status of the status of the species. We requested Concern status does not carry any information on the status of Alabama Alabama shad in response to the procedural or substantive protections petition submitted by the Center for shad, including: (1) Historical and under the ESA. current distribution and abundance of Biological Diversity (CBD), Alabama On April 20, 2010, the Center for this species throughout its range, Rivers Alliance, Clinch Coalition, Biological Diversity (CBD), Alabama including data addressing presence or Dogwood Alliance, Gulf Restoration Rivers Alliance, Clinch Coalition, absence at a riverine scale; (2) historical Network, Tennessee Forests Council, Dogwood Alliance, Gulf Restoration and current population sizes and trends; and the West Virginia Highlands Network, Tennessee Forests Council, (3) biological information (life history, Conservancy (petitioners). Based on the and the West Virginia Highlands genetics, population connectivity, etc.); best scientific and commercial Conservancy (petitioners) submitted a (4) landings and trade data; (5) information available on the status of petition to the Secretaries of Interior and management, regulatory, and Alabama shad, we have determined that Commerce, as well as to the Regional enforcement information; (6) any the species does not warrant listing at Director of the Southeast Region of the current or planned activities that may this time. We conclude that the U.S. Fish and Wildlife Service adversely impact the species; and (7) Alabama shad is not currently in danger (USFWS), to list 404 aquatic, riparian, ongoing or planned efforts to protect of extinction throughout all or a and wetland species from the and restore the species and its habitat. significant portion of its range and is not southeastern United States as threatened We received information from the likely to become so within the or endangered under the ESA. The public in response to the 90-day finding, foreseeable future. petitioners also requested that critical and we incorporated all relevant DATES: This finding was made on habitat be designated for all petitioned information into our review of the status January 12, 2017. species. We notified the USFWS’ of Alabama shad. Southeast Region by letter dated May 3, ADDRESSES: The reference list associated Listing Species Under the ESA with this determination is available by 2010, that the Alabama shad, one of the submitting a request to the Species 404 petitioned species, would fall under We are responsible for determining Conservation Branch Chief, Protected NMFS’ jurisdiction based on the August whether Alabama shad warrants listing Resources Division, NMFS Southeast 1974 Memorandum of Understanding as threatened or endangered under the Regional Office, 263 13th Avenue regarding jurisdictional responsibilities ESA (16 U.S.C. 1531 et seq.) To be South, St. Petersburg, FL 33701–5505, and listing procedures between the two considered for listing under the ESA, a Attn: Alabama shad 12-month finding. agencies. We proposed to USFWS that group of organisms must constitute a The reference list is also available we would evaluate the petition, for ‘‘species,’’ which is defined in section 3 electronically at:http:// Alabama shad only, for the purpose of of the ESA to include taxonomic species sero.nmfs.noaa.gov/protected_ the 90-day finding and any required and ‘‘any subspecies of fish, or wildlife, resources/listing_petitions/species_esa_ subsequent listing action. On May 14, or plants, and any distinct population consideration/index.html 2010, we sent the petitioners segment of any species of vertebrate fish confirmation we would be evaluating or wildlife which interbreeds when FOR FURTHER INFORMATION CONTACT: the petition for Alabama shad. On mature.’’ Section 3 of the ESA defines Kelly Shotts, NMFS, Southeast Regional February 17, 2011, we published a an endangered species as ‘‘any species Office (727) 824–5312; or Marta negative 90-day finding in the Federal which is in danger of extinction Nammack, NMFS, Office of Protected Register (76 FR 9320) stating that the throughout all or a significant portion of Resources (301) 427–8469. petition did not present substantial its range’’ and a threatened species as SUPPLEMENTARY INFORMATION: scientific or commercial information one ‘‘which is likely to become an VerDate Sep<11>2014 20:22 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\12JAN2.SGM 12JAN2 mstockstill on DSK3G9T082PROD with NOTICES2 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 4023 endangered species within the likely to become so in the foreseeable any of the other Alosa species and foreseeable future throughout all or a future, throughout all of its range. Alabama shad (Kreiser and Schaefer significant portion of its range.’’ Thus, We describe each of the steps listed 2009). we interpret an ‘‘endangered species’’ to above in detail in the following sections Diet be one that is presently in danger of of this finding. Alabama shad are likely generalist extinction. A ‘‘threatened species,’’ on Review of the Status of Alabama Shad the other hand, is not presently in insect feeders. Mickle et al. (2013) danger of extinction, but is likely to We have identified the best available conducted stomach content analyses on become so in the foreseeable future (that scientific and commercial information individuals collected from the is, at a later time). In other words, the in order to conduct a comprehensive Pascagoula and Apalachicola Rivers. primary statutory difference between a review of the status of Alabama shad. The stomach contents of the smallest threatened and endangered species is Unlike many of our other 12-month juvenile Alabama shad (those less than the timing of when a species may be in findings, we have not developed a 50 millimeters), collected exclusively danger of extinction, either presently separate status review report. Instead we from the Pascagoula River, were made (endangered) or in the foreseeable future present all available relevant up primarily of semi-decomposed algae (threatened). information for Alabama shad in this and other unidentifiable organics, Section 4(b)(1)(A) of the ESA requires Federal Register notice. suggesting filter feeding or particulate us to make listing determinations based Taxonomy feeding of smaller prey. As the size of solely on the best scientific and Alabama shad taken from the commercial data available after Alabama shad (Alosa alabamae) was Pascagoula River increased, the conducting a review of the status of the first described by David Starr Jordan percentage of terrestrial and aquatic species and after taking into account and Barton Warren Evermann in 1896 in insects in the stomach contents efforts being made by any state or the Black Warrior River near increased.