[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Proposed Rules]
[Pages 77466-77467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31969]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 101126590-1705-02]
RIN 0648-XZ59


Endangered and Threatened Species; Proposed Threatened Status for 
Subspecies of the Ringed 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 four subspecies of the ringed seal (Phoca hispida) 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 the 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. The final determination on this 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 ringed, bearded 
(Erignathus barbatus), 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 ringed, bearded, 
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 ringed and bearded 
seals. The status review report of the ringed 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

[[Page 77467]]

review report was completed by the BRT (Kelly et al., 2010), on 
December 10, 2010, we made a 12-month finding and proposed to list the 
Arctic (Phoca hispida hispida), Baltic (Phoca hispida botnica), Okhotsk 
(Phoca hispida ochotensis), and Ladoga (Phoca hispida ladogensis) 
subspecies of ringed seals as threatened (75 FR 77476). We published 
our 12-month finding for bearded seals as a separate notification 
concurrently with this finding (75 FR 77496; December 10, 2010).
    The proposed rule 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 6754). Three public hearings were held 
in Alaska in Anchorage, Barrow, and Nome (76 FR 9733, February 22, 
2011; 76 FR 14882, 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.
    Two of the reviewers questioned the magnitude and immediacy of the 
threats posed to Arctic ringed seals by the projected changes in sea 
ice habitat, in particular on-ice snow cover. Public comments raised 
similar concerns, including from the State of Alaska; certain Tribal 
governments, Alaska Native organizations, and organizations 
representing the Inuit in Canada; Canada's Department of Fisheries and 
Oceans; and Greenland's Department of Fisheries, Hunting, and 
Agriculture. We have considered these comments, and we find that for 
Arctic ringed seals substantial disagreement exists concerning the 
sufficiency or accuracy of the analysis of model projections of future 
sea ice habitat, in particular on-ice snow cover, and related impacts. 
This disagreement extends to 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 particular snow 
cover, for Arctic ringed seals, 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 this additional 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 any of the four subspecies of the ringed seal 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. 2011-31969 Filed 12-12-11; 8:45 am]
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