[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Proposed Rules]
[Pages 77465-77466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31967]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 101126591-1705-02]
RIN 0648-XZ58


Endangered and Threatened Species; Proposed Threatened Status for 
Distinct Population Segments of the Bearded Seal

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

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

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SUMMARY: We, NMFS, announce a 6-month extension of the deadline for a 
final determination regarding the December 10, 2010, proposed rule to 
list two distinct population segments (DPS) of the bearded seal 
(Erignathus barbatus) as threatened species under the Endangered 
Species Act of 1973, as amended (ESA). We are taking this action 
because there is substantial disagreement regarding the sufficiency or 
accuracy of the available data relevant to the proposed listing rule. 
An additional 6 months will allow us to solicit additional data, 
evaluate and assess special independent peer review of those aspects of 
the status review report over which there is substantial disagreement, 
and better inform our final determination on the proposed listing rule.

DATES: We intend to reopen the public comment period to accept comment 
on the special independent peer review report when it becomes 
available. We will soon announce the dates of the new public comment 
period in the Federal Register. A final determination on this proposed 
listing action will be made no later than June 10, 2012.

ADDRESSES: The proposed rule, status review report, and other materials 
relating to this proposal can be found on the Alaska Region Web site 
at: http://alaskafisheries.noaa.gov/.

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) 427-
8469.

SUPPLEMENTARY INFORMATION: 

Background

    On March 28, 2008, we initiated status reviews of bearded, ringed 
(Phoca hispida), and spotted seals (Phoca largha) under the ESA (73 FR 
16617). On May 28, 2008, we received a petition from the Center for 
Biological Diversity to list these three species of seals as threatened 
or endangered under the ESA, primarily due to concerns about threats to 
their habitat from climate warming and loss of sea ice. The Petitioner 
also requested that critical habitat be designated for these species 
concurrent with listing under the ESA. In response to the petition, we 
published a 90-day finding that the petition presented substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted (73 FR 51615; September 4, 2008). Accordingly, 
we proceeded with the status reviews of bearded, ringed, and spotted 
seals and solicited information pertaining to them.
    Following completion of a status review report and 12-month finding 
for spotted seals in October 2009 (74 FR 53683, October 20, 2009; see 
also, 75 FR 65239; October 22, 2010), we established Biological Review 
Teams (BRT) to prepare status review reports for bearded and ringed 
seals. The status review report of the bearded seal is a peer-reviewed 
compilation of the best scientific and commercial data available 
concerning the status of the species, including the past, present, and 
future threats to this species. After the status review report was 
completed by the BRT (Cameron et al., 2010), on December 10, 2010, we 
made a 12-month finding and proposed to list the Beringia DPS and the 
Okhotsk DPS of the Erignathus barbatus nauticus subspecies of bearded 
seals as threatened (75 FR 77496). No listing action was proposed for 
the Erignathus barbatus barbatus subspecies. We published our 12-month 
finding for ringed seals as a separate notification concurrently with 
this finding (75 FR 77476; December 10, 2010).
    The proposed rule to list the Beringia and Okhotsk DPSs of bearded 
seals announced a 60-day comment period to close on February 8, 2011. 
On February 8, 2011, we extended the comment period 45 days to March 
25, 2011 (76 FR 6755). Three public hearings were held

[[Page 77466]]

in Alaska in Anchorage, Barrow, and Nome (76 FR 9734, February 22, 
2011; 76 FR 14883, March 18, 2011).
    In accordance with our July 1, 1994, Interagency Cooperative Policy 
on Peer Review (59 FR 34270), we requested the expert opinion of four 
independent scientists with expertise in seal biology and/or Arctic sea 
ice and climate change regarding the pertinent scientific data and 
assumptions concerning the biological and ecological information used 
in the proposed rule. The purpose of the review was to ensure that the 
best biological and commercial information was used in the decision-
making process, including input of appropriate experts and specialists. 
We received comments from three of these reviewers.
    There was significant disagreement among the peer reviewers 
regarding the magnitude and immediacy of the threat posed to the 
Beringia DPS by the projected changes in sea ice habitat. This 
disagreement was also evident in public comments received. A number of 
commenters disputed the assessment of the threat posed to the Beringia 
DPS by the projected habitat changes, including the State of Alaska, 
certain Tribal governments and Alaska Native organizations, and 
Canada's Department of Fisheries and Oceans. We have considered these 
comments, and we find that substantial disagreement exists concerning 
the sufficiency or accuracy of the analysis of model projections of 
future sea ice cover and related impacts to the Beringia DPS, and the 
magnitude and immediacy of the threats posed to this population by the 
projected habitat changes.

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.
    In consideration of the disagreement related to the model 
projections and analysis of future sea ice habitat in the range of the 
Beringia DPS, we are extending the timeline for the final determination 
by an additional 6 months (until June 10, 2012) to resolve the 
disagreement. We believe that the solicitation of additional data 
through special independent peer review of this aspect of the status 
review report will better inform our final determination on the 
proposed listing rule and will address the disagreement. We are 
therefore conducting peer review in accordance with our Policy on Peer 
Review, and we will provide an opportunity for the public to comment on 
the peer review report. The additional 6 months will allow time for us 
to evaluate and assess the special independent peer review comments and 
make the peer review report available for comment. We do not anticipate 
that this additional time will appreciably impact either of the two 
DPSs of bearded seals we proposed to list as threatened.
    The reopening of the public comment period will be announced in the 
Federal Register when the availability of the peer review report 
compiling the special independent review comments is known. At that 
time, instructions for obtaining a copy of the peer review report will 
also be announced.

    Authority: 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. 2011-31967 Filed 12-12-11; 8:45 am]
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