[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15932-15933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6732]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 100104003-1195-02]
RIN 0648-AY49


Endangered and Threatened Species; Proposed Listing of Nine 
Distinct Population Segments of Loggerhead Sea Turtles as Endangered or 
Threatened

AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic 
and Atmospheric Administration (NOAA), Commerce; United States Fish and 
Wildlife Service (USFWS), Interior.

ACTION: Proposed rule; 6-month extension of the deadline for a final 
listing decision.

-----------------------------------------------------------------------

SUMMARY: We (NMFS and USFWS; also collectively referred to as the 
Services) are extending the date by which a final determination will be 
made regarding the March 16, 2010, proposed rule to list nine Distinct 
Population Segments (DPS) of loggerhead sea turtles, Caretta caretta, 
as endangered or threatened under the Endangered Species Act of 1973, 
as amended (ESA). We are taking this action because substantial 
disagreement exists regarding the interpretation of the existing data 
on status and trends and its relevance to the assessment of risk of 
extinction to the Northwest Atlantic Ocean DPS of the loggerhead 
turtle. Additionally, considerable disagreement exists regarding the 
magnitude and immediacy of the fisheries bycatch threat and measures to 
reduce this threat to the Northwest Atlantic Ocean DPS of the 
loggerhead turtle. We are soliciting new information or analyses that 
will help clarify these issues. Comments previously submitted need not 
be resubmitted as they already have been incorporated into the public 
record and will be fully considered in the final rule. The Services 
believe that allowing an additional 6 months to evaluate and assess the 
best scientific and commercial data available would better inform our 
final determination on the listing status of the nine proposed DPSs of 
the loggerhead turtle.

DATES: All public comments must be received by April 11, 2011. A final 
determination on this listing action will be made no later than 
September 16, 2011.

ADDRESSES: You may submit comments, identified by the RIN 0648-AY49, by 
any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
     Mail: NMFS National Sea Turtle Coordinator, Attn: 
Loggerhead Proposed Listing Rule, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Room 13657, 
Silver Spring, MD 20910 or USFWS National Sea Turtle Coordinator, U.S. 
Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, 
Jacksonville, FL 32256.
     Fax: To the attention of NMFS National Sea Turtle 
Coordinator at 301-713-0376 or USFWS National Sea Turtle Coordinator at 
904-731-3045.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS and USFWS will accept anonymous comments (enter N/A in the 
required fields, if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only. The proposed rule and 
other materials relating to this proposal can be found on the NMFS 
Office of Protected Resources Web site at http://www.nmfs.noaa.gov/pr/species/turtles/loggerhead.htm.

FOR FURTHER INFORMATION CONTACT: Barbara Schroeder, NMFS (ph. 301-713-
1401, fax 301-713-4060, e-mail [email protected]), Sandy 
MacPherson, USFWS (ph. 904-731-3336, fax 904-731-3045, e-mail [email protected]), Marta Nammack, NMFS (ph. 301-713-1401, fax 301-
713-4060, e-mail [email protected]), or Lorna Patrick, USFWS (ph. 
850-215-7438, fax 850-763-2177, e-mail [email protected]). Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a 
day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

[[Page 15933]]

Background

    We issued a final rule listing the loggerhead sea turtle as 
threatened throughout its worldwide range on July 28, 1978 (43 FR 
32800). On July 12, 2007, we received a petition from Center for 
Biological Diversity and Turtle Island Restoration Network to list the 
``North Pacific populations of loggerhead sea turtle'' as an endangered 
species under the ESA. NMFS published a notice in the Federal Register 
on November 16, 2007 (72 FR 64585), concluding that the petition 
presented substantial scientific information indicating that the 
petitioned action may be warranted. Also, on November 15, 2007, we 
received a petition from Center for Biological Diversity and Oceana to 
list the ``Western North Atlantic populations of loggerhead sea 
turtle'' as an endangered species under the ESA. NMFS published a 
notice in the Federal Register on March 5, 2008 (73 FR 11849), 
concluding that the petition presented substantial scientific 
information indicating that the petitioned action may be warranted.
    On March 12, 2009, the petitioners (Center for Biological 
Diversity, Turtle Island Restoration Network, and Oceana) sent a 60-day 
notice of intent to sue to the Services for failure to make 12-month 
findings on the petitions. The statutory deadlines for the 12-month 
findings were July 16, 2008, for the North Pacific petition and 
November 16, 2008, for the Northwest Atlantic petition. On May 28, 
2009, the petitioners filed a Complaint for Declaratory and Injunctive 
Relief to compel the Services to complete the 12-month findings. On 
October 8, 2009, the petitioners and the Services reached a settlement 
in which the Services agreed to submit to the Federal Register a 12-
month finding on the two petitions on or before February 19, 2010. On 
February 16, 2010, the United States District Court for the Northern 
District of California modified the February 19, 2010, deadline to 
March 8, 2010.
    On March 16, 2010, the Services announced 12-month findings on the 
petitions to list the North Pacific populations and the Northwest 
Atlantic populations of the loggerhead sea turtle as DPSs with 
endangered status and included a proposed rule to designate nine 
loggerhead DPSs worldwide, seven as endangered (North Pacific Ocean 
DPS, South Pacific Ocean DPS, Northwest Atlantic Ocean DPS, Northeast 
Atlantic Ocean DPS, Mediterranean Sea DPS, North Indian Ocean DPS, and 
Southeast Indo-Pacific Ocean DPS) and two as threatened (Southwest 
Indian Ocean DPS and South Atlantic Ocean DPS).

Extension of Final Listing Determination

    The ESA, section 4(b)(6), requires that we take one of three 
actions within 1 year of a proposed listing: (1) Finalize the proposed 
listing; (2) withdraw the proposed listing; or (3) extend the final 
determination by not more than 6 months, if there is substantial 
disagreement regarding the sufficiency or accuracy of the available 
data relevant to the determination, for the purposes of soliciting 
additional data.
    The Services proposed to list the Northwest Atlantic Ocean DPS of 
the loggerhead sea turtle as endangered. However, in preparing the 
final rule, there was substantial disagreement regarding the 
interpretation of the existing data on status and trends and its 
relevance to the assessment of extinction risk to the Northwest 
Atlantic Ocean DPS. There was also considerable disagreement regarding 
the magnitude and immediacy of the fisheries bycatch threat and 
measures to reduce this threat to the Northwest Atlantic Ocean DPS. The 
Services need to fully evaluate and assess the best scientific and 
commercial data available and ensure consistent interpretation of data 
and application of statutory standards for all of the nine proposed 
DPSs.
    In consideration of the disagreement surrounding the population 
status and the magnitude and immediacy of the threats for the proposed 
Northwest Atlantic Ocean DPS of the loggerhead turtle, we extend the 
timeline for the final determination for an additional 6 months (until 
September 16, 2011) to resolve the scientific disagreement.

Information Solicited

    We intend that any final action resulting from this proposal will 
be as accurate as possible and based on the best scientific and 
commercial data available. We are specifically soliciting new 
information or analyses from the public about the proposed Northwest 
Atlantic Ocean DPS regarding: (1) The relevance of the population size 
to the stability and resilience of the DPS; (2) the immediacy of the 
threats and risks, particularly the bycatch of loggerhead sea turtles 
in commercial fisheries, to the DPS; and (3) the timeframe over which 
the threats or risks may affect the DPS. In addition, we are seeking 
information on the consistency of our application of statutory 
standards for all of the nine proposed DPSs.
    Previously submitted written comments on this proposal need not be 
resubmitted. In making any final decision on the proposed action, we 
will take into consideration the comments and any additional 
information we receive. We request that all data, information, and 
comments be accompanied by supporting documentation such as maps, 
bibliographic references, or reprints of pertinent publications.

    Authority:  16 U.S.C. 1531 et seq.

    Dated: March 16, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-6732 Filed 3-17-11; 8:45 am]
BILLING CODE 3510-22-P