[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Proposed Rules]
[Pages 77467-77469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

RIN 0648-XA768


Endangered and Threatened Species; Initiation of Status Review 
for Ribbon Seal

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Initiation of status review and solicitation of information.

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SUMMARY: We, NMFS, under the authority of the Endangered Species Act of 
1973, as amended (ESA), announce the initiation of a status review for 
the ribbon seal (Histriophoca fasciata). We conduct status reviews to 
determine whether the entity should be listed as threatened or 
endangered under the ESA. To ensure that the status review is 
comprehensive, we are soliciting scientific and commercial information 
regarding this species (see below).

DATES: Information and comments on the subject action must be received 
by February 13, 2012.

ADDRESSES: Send comments to Kaja Brix, Assistant Regional 
Administrator, Protected Resources Division, Alaska Region, NMFS, Attn: 
Ellen Sebastian. You may submit comments, identified by FDMS Docket 
Number NOAA-NMFS-2011-0248, by any one of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal http://www.regulations.gov. To submit 
comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2011-0248 in the keyword search. 
Locate the document you wish to comment on from the resulting list and 
click on the ``Submit a Comment'' icon on the right of that line.
    Mail: Submit written comments to P.O. Box 21668, Juneau, AK 99802.
    Fax: (907) 586-7557.
    Hand delivery to the Federal Building: 709 West 9th Street, Room 
420A, Juneau, AK.
    Comments must be submitted by one of the above methods to ensure 
that the comments are received, documented, and considered by NMFS. 
Comments sent by any other method, to any other address or individual, 
or received after the end of the comment period, may not be considered.
    All comments received are a part of the public record and will 
generally be posted for public viewing on http://www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields if you wish to remain

[[Page 77468]]

anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Tamara Olson, NMFS Alaska Region, 
(907) 271-5006; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta 
Nammack, Office of Protected Resources, Silver Spring, MD (301) 713-
1401.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 2007, we received a petition from the Center for 
Biological Diversity (CBD) to list the ribbon seal as a threatened or 
endangered species under the ESA, primarily due to concern about 
threats to this species' habitat from climate warming and loss of sea 
ice. The Petitioner also requested that critical habitat be designated 
for ribbon seals concurrently with listing under the ESA. On March 28, 
2008, we published a 90-day finding (73 FR 16617) in which we 
determined that the petition presented substantial information 
indicating that the petitioned action may be warranted and initiated a 
status review of the ribbon seal.
    On December 30, 2008, we published our 12-month finding that 
listing of the ribbon seal was not warranted (73 FR 79822). In this 
finding we concluded that although ribbon seal population abundance is 
likely to decline gradually for the foreseeable future, primarily from 
slight but chronic impacts on reproduction and survival caused by 
reduced frequency of years with sea ice of suitable extent, quality, 
and duration of persistence, it is not in danger of extinction or 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.
    On September 3, 2009, CBD and Greenpeace, Inc. (collectively, 
``Center'') filed a complaint in U.S. District Court challenging our 
12-month finding. On December 21, 2010, after considering cross-motions 
for summary judgment, the Court denied the Center's motion for summary 
judgment and granted NMFS' cross-motion. The Center filed a notice of 
appeal of this judgment to the Ninth Circuit Court of Appeals on 
January 18, 2011.
    Information has become available since publication of the December 
30, 2008, 12-month finding that may have implications for the status of 
the ribbon seal relative to the listing provisions of the ESA, 
including new data on ribbon seal movements and diving, as well as a 
modified threat-specific approach to analyzing the foreseeable future 
which we used in the spotted (Phoca largha), ringed (Phoca hispida), 
and bearded seal (Erignathus barbatus) status reviews completed 
subsequent to the ribbon seal status review (75 FR 65239, October 22, 
2010; 75 FR 77476 and 75 FR 77496, December 10, 2010). In consideration 
of this information, we entered a settlement agreement with the Center 
on August 30, 2011, under which we agreed to initiate a new status 
review and issue a 12-month finding on whether listing the ribbon seal 
as threatened or endangered is warranted and submit the determination 
to the Office of the Federal Register by December 10, 2012. This 
document initiates a new status review for the ribbon seal.
    You may obtain copies of previous Federal actions relating to the 
ribbon seal from http://www.regulations.gov or from the Alaska Region 
Web site at http://alaskafisheries.noaa.gov.

ESA Statutory Provisions and Policy Considerations

    There are two key tasks associated with an ESA status review. The 
first is to delineate the taxonomic group under consideration and the 
second is to conduct an extinction risk assessment to determine whether 
the petitioned species is threatened or endangered.
    Under the ESA, a listing determination can address a species, 
subspecies, or a distinct population segment (DPS) of a vertebrate 
species (16 U.S.C. 1532 (16)). The term ``distinct population segment'' 
(DPS) is not commonly used in scientific discourse, so the USFWS and 
NMFS developed the ``Policy Regarding the Recognition of Distinct 
Vertebrate Population Segments Under the Endangered Species Act'' to 
provide a consistent interpretation of this term for the purposes of 
listing, delisting, and reclassifying vertebrates under the ESA (61 FR 
4722; February 7, 1996). We will use this policy to guide our 
determination of whether DPSs exist in ribbon seals.
    The ESA defines an endangered species as ``any species which is in 
danger of extinction throughout all or a significant portion of its 
range.'' A threatened species is defined as a species that is ``likely 
to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' Under section 
4(a)(1) of the ESA, a species may be determined to be threatened or 
endangered as a result of any one of the following factors: (1) Present 
or threatened destruction, modification, or curtailment of habitat or 
range; (2) overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Listing determinations are based 
solely on the best scientific and commercial data available, after 
conducting a review of the status of the species and taking into 
account efforts made by any state or foreign nation to protect such 
species.

Information Solicited

    To ensure that the status review is complete and based on the best 
available scientific and commercial information, we are opening a 60-
day public comment period to solicit information from the public, 
government agencies, Alaska Natives, the scientific community, 
industry, and other interested parties on the status of the ribbon seal 
throughout its range. We are seeking:
    (1) Information on taxonomy, abundance, reproductive success, age 
structure, distribution, habitat selection, food habits, population 
density and trends, habitat trends, and effects of management on ribbon 
seals;
    (2) Information on the effects of climate change and sea ice change 
on the distribution and abundance of ribbon seals and their principal 
prey over the short- and long-term;
    (3) Information on the effects of other potential threat factors, 
including oil and gas exploration and development, contaminants, 
hunting, and poaching, on the distribution and abundance of ribbon 
seals and their principal prey over the short- and long-term;
    (4) Information on management programs for ribbon seal 
conservation, including mitigation measures related to oil and gas 
exploration and development, hunting conservation programs, anti-
poaching programs, and any other private, tribal, or governmental 
conservation programs which benefit ribbon seals; and
    (5) Information relevant to population structure of ribbon seals.

[[Page 77469]]

    We request that all data and information be accompanied by 
supporting documentation such as maps, bibliographic references, or 
reprints of pertinent publications. Please submit any comments to the 
ADDRESSES listed above. We will base our finding on a review of the 
best scientific and commercial information available, including all 
information received during the public comment period.

    Authority:  The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: December 6, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-31959 Filed 12-12-11; 8:45 a.m.]
BILLING CODE 3510-22-P