[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57955-57956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF792


Endangered and Threatened Species; Initiation of a 5-Year Review 
for the Endangered Western Distinct Population Segment of Steller Sea 
Lion

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

ACTION: Notice of initiation of 5-year review; request for information.

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SUMMARY: We, NMFS, announce our intent to conduct a 5-year review for 
the endangered western distinct population segment (DPS) of Steller sea 
lion (Eumetopias jubatus) under the Endangered Species Act of 1973, as 
amended (ESA). We are required by the ESA to conduct 5-year reviews to 
ensure that the listing classifications of species are accurate. The 5-
year review must be based on the best scientific and commercial data 
available at the time of the review. We request submission of any such 
information on the Western DPS of Steller sea lion, particularly 
information on the status, threats, and recovery of the species that 
has become available since the final listing determination in May, 
1997.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than February 6, 2018. However, we 
will continue to accept new information about Steller sea lions at any 
time.

ADDRESSES: Submit your information or comments by including the FDMS

[[Page 57956]]

Docket Number NOAA-NMFS-2017-0137, by either of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/!docketDetail;D=NOAA-NMFS-2017-0137, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written information to Jon Kurland, Assistant 
Regional Administrator for Protected Resources, Alaska Region NMFS, 
Attn: Ellen Sebastian, P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: We may not consider comments if they are sent by any 
other method, to any other address or individual, or received after the 
end of the specified period. All comments received are a part of the 
public record, and we will generally post for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive or protected information submitted 
voluntarily by the sender is publicly accessible. We will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous). Attachments to electronic submissions will be 
accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Dr. Lisa Rotterman, 907-271-1692 or 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The Steller sea lion was listed as threatened under the ESA by an 
emergency interim rule on April 5, 1990 (55 FR 12645). NMFS published a 
final rule to list the Steller sea lion as a threatened species under 
the ESA on November 26, 1990 (55 FR 49204). NMFS designated critical 
habitat for the Steller sea lion on August 27, 1993 (58 FR 45269). On 
May 5, 1997, based on demographic and genetic dissimilarities, NMFS 
identified two DPSs of Steller sea lions under the ESA: A western DPS 
(WDPS) and an eastern DPS (EDPS) (62 FR 24345). Due to persistent 
decline and lack of recovery, the WDPS, comprised of animals 
originating from breeding sites west of 144[deg] W longitude, was 
listed as endangered (62 FR 24345, May 5, 1997), and the EDPS remained 
listed as threatened.
    Section 4(c)(2)(A) of the ESA requires that we conduct a review of 
listed species at least once every five years. On the basis of such 
reviews under section 4(c)(2)(B), we determine whether a species should 
be removed from the List (delisted), or reclassified in status from 
endangered to threatened or from threatened to endangered. Delisting a 
species must be supported by the best scientific and commercial data 
available and is considered only if such data substantiates that the 
species is neither endangered nor threatened for one or more of the 
following reasons: (1) The species is considered extinct; (2) the 
species is considered to be recovered; and/or (3) the original data 
available when the species was listed, or the interpretation of such 
data, were in error (see 50 CFR 424.11(d)). Reclassification also must 
be supported by the best scientific and commercial data available and 
is considered only after conducting a review of the species' status in 
light of the listing factors provided in section 4(a)(1) of the ESA 
(see 50 CFR 424.11(c)). Any change in classification (delisting or 
reclassification) would require a rulemaking process. The ESA 
implementing regulations at 50 CFR 424.21 require that we publish a 
notice in the Federal Register announcing those species currently under 
active review. This notice announces our active review of the WDPS, 
which is currently listed as endangered.
    Background information about this species, including their 
endangered listing, related critical habitat designation, recovery 
planning, and protective regulations, is available on the NMFS Alaska 
Region Web site at https://alaskafisheries.noaa.gov/.

Determining if a Species Is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made solely on the basis of the best scientific and 
commercial data available after taking into account those efforts, if 
any, being made by any State or foreign nation to protect such species.

Application of the DPS Policy

    The western DPS of Steller sea lion was listed as a DPS of a 
vertebrate taxon. In the application of the DPS Policy, we are 
responsible for determining whether species, subspecies, or DPSs of 
marine and anadromous species are threatened or endangered under the 
ESA. A DPS is defined in the February 7, 1996, Policy Regarding the 
Recognition of Distinct Vertebrate Population Segments (61 FR 4722). 
For a population to be listed under the ESA as a DPS, three elements 
are considered: (1) The discreteness of the population segment in 
relation to the remainder of the species to which it belongs; (2) the 
significance of the population segment to the species to which it 
belongs; and (3) the population segment's conservation status in 
relation to the Act's standards for listing (i.e., is the population 
segment, when treated as if it were a species, endangered or 
threatened?). DPSs of vertebrate species, as well as subspecies of all 
listed species, may be proposed for separate reclassification or for 
removal from the List. As required by the DPS policy, we will apply the 
DPS policy during the 5-year review.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, we are soliciting 
relevant information. The 5-year review will consider the best 
scientific and commercial data that has become available since the 
listing determination. Categories of requested information include (1) 
species biology including population trends, distribution, abundance, 
demographics, population structure, ecology, behavior, and genetics; 
(2) habitat conditions including amount, distribution, and suitability; 
(3) conservation measures that benefit the species, including 
monitoring data demonstrating the effectiveness of such measures in 
addressing identified limiting factors or threats; (4) data concerning 
status and trends of identified threats; (5) information that may 
affect determinations regarding the composition of the WDPS; and (6) 
other new information.

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

    Dated: December 4, 2017.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2017-26435 Filed 12-7-17; 8:45 am]
 BILLING CODE 3510-22-P