28946 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules DEPARTMENT OF COMMERCE individual, or received after the we find that substantial scientific or comment period ends. All comments commercial information in a petition National Oceanic and Atmospheric received are a part of the public record and in our files indicates the petitioned Administration and NMFS will post for public viewing action may be warranted (a ‘‘positive 90- on http://www.regulations.gov without day finding’’), we are required to 50 CFR Parts 223 and 224 change. All personal identifying promptly commence a review of the [Docket No. 170117082–7082–01] information (e.g., name, address, etc.), status of the species concerned, which confidential business information, or includes conducting a comprehensive RIN 0648–XF174 otherwise sensitive information review of the best available scientific submitted voluntarily by the sender will and commercial information. Within 12 Endangered and Threatened Wildlife; be publicly accessible. NMFS will months of receiving the petition, we 90-Day Finding on a Petition To List 10 accept anonymous comments (enter ‘‘N/ must conclude the review with a finding Species of Giant Clams as Threatened A’’ in the required fields if you wish to as to whether, in fact, the petitioned or Endangered Under the Endangered remain anonymous). action is warranted. Because the finding Species Act FOR FURTHER INFORMATION CONTACT: Lisa at the 12-month stage is based on a AGENCY: National Marine Fisheries Manning, NMFS, Office of Protected significantly more thorough review of Service (NMFS), National Oceanic and Resources (301) 427–8403. the available information, a ‘‘may be warranted’’ finding at the 90-day stage Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: Commerce. does not prejudge the outcome of the status review and 12-month finding. ACTION: 90-day petition findings, request Background Under the ESA, a listing for information, and initiation of status On August 7, 2016, we received a determination may address a ‘‘species,’’ review. petition from a private citizen, Dr. which is defined to also include Dwayne W. Meadows, Ph.D., requesting SUMMARY: We, NMFS, announce our 90- subspecies and, for any vertebrate that we list the Tridacninae giant clams species, any distinct population day findings on a petition to list ten (excluding Tridacna rosewateri) as species of giant clam as endangered or segment (DPS) that interbreeds when endangered or threatened under the mature (16 U.S.C. 1532(16)). A joint threatened under the U.S. Endangered ESA. The ten species of giant clams Species Act (ESA). We find that the NMFS-U.S. Fish and Wildlife Service considered in this finding are the eight (USFWS) policy clarifies the agencies’ petition presents substantial scientific Tridacna species, including: T. costata, or commercial information indicating interpretation of the phrase ‘‘distinct T. crocea, T. derasa, T. gigas, T. population segment’’ for the purposes of that the petitioned action may be maxima, T. noae, T. squamosa, and T. warranted for seven species (Hippopus listing, delisting, and reclassifying a tevoroa (also known as T. mbalavauna); species under the ESA (‘‘DPS Policy’’; hippopus, H. porcellanus, Tridacna and the two Hippopus species: H. costata, T. derasa, T. gigas, T. 61 FR 4722; February 7, 1996). A hippopus and H. porcellanus. The species, subspecies, or DPS is squamosa, and T. tevoroa). petitioner also requested that critical Accordingly, we will initiate status ‘‘endangered’’ if it is in danger of habitat be designated for Tridacninae extinction throughout all or a significant reviews of these seven giant clam species that occur in U.S. waters species. To ensure that the status portion of its range, and ‘‘threatened’’ if concurrent with final ESA listing. The it is likely to become endangered within reviews are comprehensive, we are petition states that Tridacninae giant soliciting scientific and commercial the foreseeable future throughout all or clams merit listing as endangered or a significant portion of its range (ESA information regarding these species. We threatened species under the ESA find that the petition did not present sections 3(6) and 3(20), respectively; 16 because of the following: (1) Loss or U.S.C. 1532(6) and (20)). Pursuant to the substantial scientific or commercial curtailment of habitat or range; (2) information indicating that the ESA and our implementing regulations, historical and continued overutilization the determination of whether a species petitioned action may be warranted for of the species for commercial purposes; the other three petitioned giant clam is threatened or endangered shall be (3) inadequacy of existing regulatory based on any one or a combination of species (T. crocea, T. maxima, or T. mechanisms to safeguard the species; (4) noae). the following five section 4(a)(1) factors: other factors such as global climate The present or threatened destruction, DATES: Information and comments on change; and (5) the species’ inherent modification, or curtailment of habitat the subject action must be received by vulnerability to population decline due or range; overutilization for commercial, August 25, 2017. to their slow recovery and low recreational, scientific, or educational ADDRESSES: You may submit comments, resilience to threats. purposes; disease or predation; information, or data, by including ESA Statutory Provisions and Policy inadequacy of existing regulatory ‘‘NOAA–NMFS–2017–0029’’ by either Considerations mechanisms; and any other natural or of the following methods: manmade factors affecting the species’ • Federal eRulemaking Portal: Go to Section 4(b)(3)(A) of the ESA of 1973, existence (16 U.S.C. 1533(a)(1), 50 CFR www.regulations.gov/ as amended (16 U.S.C. 1531 et seq.), 424.11(c)). #!docketDetail;D=NOAA-NMFS-2017- requires, to the maximum extent ESA-implementing regulations issued 0029, click the ‘‘Comment Now’’ icon, practicable, that within 90 days of jointly by NMFS and USFWS (50 CFR complete the required fields, and enter receipt of a petition to list a species as 424.14(b)) define ‘‘substantial or attach your comments. threatened or endangered, the Secretary information’’ in the context of reviewing • Mail or hand-delivery: Office of of Commerce make a finding on whether a petition to list, delist, or reclassify a Protected Resources, NMFS, 1315 East- that petition presents substantial species as the amount of information West Highway, Silver Spring, MD scientific or commercial information that would lead a reasonable person to 20910. Attn: Lisa Manning. indicating that the petitioned action believe that the measure proposed in the Instructions: NMFS may not consider may be warranted, and promptly petition may be warranted. When comments if they are sent by any other publish the finding in the Federal evaluating whether substantial method, to any other address or Register (16 U.S.C. 1533(b)(3)(A)). When information is contained in a petition, VerDate Sep<11>2014 17:45 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26JNP2.SGM 26JNP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28947 we must consider whether the petition: indicates that the species at issue faces that the classification is based upon in (1) Clearly indicates the administrative extinction risk that is cause for concern; light of the standards on extinction risk measure recommended and gives the this may be indicated in information and impacts or threats discussed above. scientific and any common name of the expressly discussing the species’ status Analysis of the Petition species involved; (2) contains detailed and trends, or in information describing narrative justification for the impacts and threats to the species. We General Information recommended measure, describing, evaluate any information on specific The petition clearly indicates the based on available information, past and demographic factors pertinent to administrative measure recommended present numbers and distribution of the evaluating extinction risk for the species and gives the scientific and, in some species involved and any threats faced at issue (e.g., population abundance and cases, the common names of the species by the species; (3) provides information trends, productivity, spatial structure, involved. The petition also contains a regarding the status of the species over age structure, sex ratio, diversity, narrative justification for the all or a significant portion of its range; current and historical range, habitat recommended measures and provides and (4) is accompanied by the integrity or fragmentation), and the limited information on the species’ appropriate supporting documentation potential contribution of identified geographic distribution, habitat use, and in the form of bibliographic references, demographic risks to extinction risk for threats. Limited information is also reprints of pertinent publications, the species. We then evaluate the provided on population status and copies of reports or letters from potential links between these trends for all but a couple of species. authorities, and maps (50 CFR demographic risks and the causative The introduction of the petition 424.14(b)(2)). impacts and threats identified in ESA emphasizes that giant clam species have At the 90-day stage, we evaluate the section 4(a)(1). petitioner’s request based upon the Information presented on impacts or not been evaluated by the IUCN since information in the petition including its threats should be specific to the species 1996, and more recent information references, and the information readily and should reasonably suggest that one provides evidence of significant available in our files. We do not conduct or more of these factors may be population declines of all giant clam additional research, and we do not operative threats that act or have acted species range-wide, with increasing solicit information from parties outside on the species to the point that it may threats. The petition then provides the agency to help us in evaluating the warrant protection under the ESA.