17398 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations DEPARTMENT OF COMMERCE proposed rule. Please refer to our Web particular threats, and the reliability to site (http://www.nmfs.noaa.gov/pr/ forecast the effects of these threats and National Oceanic and Atmospheric species/fish/coelacanth.html) for access future events on the status of the species Administration to the status review report, which under consideration. Because a species details African coelacanth biology, may be susceptible to a variety of threats 50 CFR Part 223 ecology, and habitat, the DPS for which different data are available, or determination, past, present, and future which operate across different time [Docket No. 141219999–6207–02] potential risk factors, and overall scales, the foreseeable future is not RIN 0648–XD681 extinction risk. On March 3, 2015, we necessarily reducible to a particular published a proposed rule to list the number of years. Further, the existence Endangered and Threatened Wildlife Tanzanian DPS of African coelacanth (L. of a threat to a species and the species’ and Plants; Final Rule To List the chalumnae) as a threatened species (80 response to that threat are not, in Tanzanian DPS of African Coelacanth FR 11363) and solicited comments from general, equally predictable or (Latimeria chalumnae) as Threatened all interested parties including the foreseeable. Hence, in some cases, the Under the Endangered Species Act public, other governmental agencies, the ability to foresee a threat to a species is scientific community, industry, and greater than the ability to foresee the AGENCY: National Marine Fisheries environmental groups. species’ exact response, or the Service (NMFS), National Oceanic and timeframe of such a response, to that ESA Statutory Provisions, Regulations, Atmospheric Administration (NOAA), threat. In making a listing and Policy Considerations Commerce. determination, we must ask whether the ACTION: Final rule. As the designee of the Secretary of species’ population response to a threat Commerce, we are responsible for (i.e., abundance, productivity, spatial SUMMARY: We, NMFS, issue a final rule determining whether marine and distribution, diversity) is foreseeable, to list the Tanzanian Distinct Population anadromous species are threatened or not merely whether the emergence or Segment (DPS) of African coelacanth endangered under the ESA (16 U.S.C. continuation of a threat is foreseeable. (Latimeria chalumnae) as a threatened 1531 et seq.). To make this Because we are obligated to base our species under the Endangered Species determination, we consider first determinations on the best available Act (ESA). We will not designate critical whether a group of organisms scientific and commercial information, habitat for this species because the constitutes a ‘‘species’’ under the ESA, the foreseeable future extends only as geographical areas occupied by the then whether the status of the species far as we are able to reliably predict the species are entirely outside U.S. qualifies it for listing as either species’ population response to a jurisdiction, and we have not identified threatened or endangered. Section 3 of particular threat. any unoccupied areas within U.S. the ESA defines a ‘‘species’’ to include Section 4(a)(1) of the ESA requires us jurisdiction that are essential to the ‘‘any subspecies of fish or wildlife or to determine whether any species is conservation of the species. plants, and any distinct population endangered or threatened due to any DATES: This final rule is effective April segment of any species of vertebrate fish one or a combination of the following 28, 2016. or wildlife which interbreeds when threat factors: the present or threatened ADDRESSES: Chief, Endangered Species mature.’’ 16 U.S.C. 1532(16). destruction, modification, or Division, NMFS Office of Protected Section 3 of the ESA also defines an curtailment of its habitat or range; Resources (F/PR3), 1315 East-West endangered species as ‘‘any species overutilization for commercial, Highway, Silver Spring, MD 20910, which is in danger of extinction recreational, scientific, or educational USA. throughout all or a significant portion of purposes; disease or predation; the its range’’ and a threatened species as inadequacy of existing regulatory FOR FURTHER INFORMATION CONTACT: one ‘‘which is likely to become an mechanisms; or other natural or Chelsey Young, NMFS, Office of endangered species within the manmade factors affecting its continued Protected Resources, (301) 427–8491. foreseeable future throughout all or a existence. 16 U.S.C. 1533(a)(1). We are SUPPLEMENTARY INFORMATION: significant portion of its range.’’ 16 also required to make listing U.S.C. 1632(6); (20). We interpret an Background determinations based solely on the best ‘‘endangered species’’ to be one that is scientific and commercial data On July 15, 2013, we received a presently in danger of extinction. A available, after conducting a review of petition from WildEarth Guardians to ‘‘threatened species,’’ on the other hand, the species’ status and after taking into list 81 marine species as threatened or is not presently in danger of extinction, account efforts being made by any state endangered under the Endangered but is likely to become so in the or foreign nation (or subdivision Species Act (ESA). We found that the ‘‘foreseeable future’’ (that is, at a later thereof) to protect the species. 16 U.S.C. petitioned actions may be warranted for time). In other words, the primary 1533(b)(1)(A). 27 of the 81 species, including the statutory difference between a Pursuant to the ESA, any interested African coelacanth, and announced the threatened and endangered species is person may petition to list or delist a initiation of status reviews for each of the timing of when a species may be in species, subspecies, or DPS of a the 27 species (78 FR 63941, October 25, danger of extinction, either presently vertebrate species that interbreeds when 2013; 78 FR 66675, November 6, 2013; (endangered) or in the foreseeable future mature (5 U.S.C. 553(e), 16 U.S.C. 78 FR 69376, November 19, 2013; 79 FR (threatened). The duration of the 1533(b)(3)(A)). ESA-implementing 9880, February 21, 2014; and 79 FR ‘‘foreseeable future’’ in any regulations issued by NMFS and the 10104, February 24, 2014). Following circumstance is inherently fact-specific U.S. Fish and Wildlife Service (FWS) the positive 90-day finding, we and depends on the particular kinds of also establish procedures for receiving conducted a comprehensive status threats, the life-history characteristics, and considering petitions to revise the review of the African coelacanth. A and the specific habitat requirements for lists of endangered and threatened ‘‘status review report’’ (Whittaker, 2014) the species under consideration. The species and for conducting periodic was produced and used as the basis of foreseeable future also considers the reviews of listed species (50 CFR 12-month finding determination and availability of data, the ability to predict 424.01). VerDate Sep<11>2014 16:41 Mar 28, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17399 When we receive a petition to list a ecological, or behavioral factors. connectivity, and diversity. These species, we are required to the Quantitative measures of genetic or viability factors reflect concepts that are maximum extent practicable to make a morphological discontinuity may well-founded in conservation biology finding within 90 days as to whether the provide evidence of this separation. and that individually and collectively petition presents substantial scientific (2) It is delimited by international provide strong indicators of extinction or commercial information indicating governmental boundaries within which risk. Against this backdrop we evaluate that the petitioned action may be differences in control of exploitation, the influence of the Section 4(a)(1) warranted. The ESA-implementing management of habitat, conservation threat factors. regulations provide that ‘‘substantial status, or regulatory mechanisms exist As the definition of ‘‘endangered information’’ is that amount of that are significant in light of section species’’ and ‘‘threatened species’’ information that would lead a 4(a)(1)(D) of the ESA. makes clear, the determination of reasonable person to believe that listing If a population segment is considered extinction risk can be based on either may be warranted (50 CFR 424.14(b)(1)). discrete under one or more of the above assessment of the range wide status of In determining whether substantial conditions, its biological and ecological the species, or the status of the species information exists, we take into account significance is then considered in light in a ‘‘significant portion of its range.’’ several factors, in light of any of Congressional guidance (see S. Rep. NMFS and FWS recently published a information noted in the petition or No. 96–151(1979)) that the authority to final policy to clarify the interpretation otherwise readily available in our files. list DPSs be used ‘‘sparingly’’ while of the phrase ‘‘significant portion of the If a positive finding is made at that encouraging the conservation of genetic range’’ in the ESA definitions of initial stage, then we commence a status diversity. This consideration may ‘‘threatened species’’