[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11731-11732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05306]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF995


Initiation of 5-Year Review for the Endangered New York Bight, 
Chesapeake Bay, Carolina and South Atlantic Distinct Population 
Segments of Atlantic Sturgeon and the Threatened Gulf of Maine Distinct 
Population Segment of Atlantic Sturgeon

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

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

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

SUMMARY: We, NMFS, announce our intent to conduct a 5-year review for 
the threatened Gulf of Maine distinct population segment (DPS) of 
Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), the endangered New 
York Bight DPS of Atlantic sturgeon, the endangered Chesapeake Bay DPS 
of Atlantic sturgeon, the endangered Carolina DPS of Atlantic sturgeon 
and the endangered South Atlantic DPS of Atlantic sturgeon 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 
classification of the species remains accurate. The 5-year review must 
be based on the best scientific and commercial data available at the 
time of the review; therefore, we are requesting submission of such 
information on the status of each DPS, particularly information on 
population trends, distribution, abundance, habitat amount and 
suitability, threats, and conservation measures for any DPS that has 
become available since their original listings under the ESA in 2012. 
Based on the results of this 5-year review, we will make the requisite 
findings under the ESA.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than May 15, 2018. While we will 
continue to accept new information about any listed species at any 
time, failure to timely submit the information in accordance with the 
deadline above may preclude the information from being included in this 
review.

ADDRESSES: Submit your comments by including NOAA-NMFS-2018-0041, by 
either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/document?D=[NOAA-NMFS-2018-0041],
    2. Click the ``Comment Now!'' icon, complete the required fields
    3. Enter or attach your comments.
     Mail: Submit written comments to Lynn Lankshear, NMFS, 
Greater Atlantic Region Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930 or Andrew Herndon, NMFS, Southeast Regional 
Office, 263 13th Avenue South, Saint Petersburg, FL 33701.
    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 will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Lynn Lankshear at the above address, 
by phone at 978-282-8473 or [email protected] or Andrew Herndon 
at the above address, by phone at 727-824-5312 or 
[email protected].

SUPPLEMENTARY INFORMATION: On February 6, 2012, we listed the Gulf of 
Maine DPS of Atlantic sturgeon as threatened and the New York Bight, 
Chesapeake Bay, Carolina and South Atlantic DPSs as endangered (77 FR 
5880 and 77 FR 5914). 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 delisted or reclassified from endangered to 
threatened or from threatened to endangered. Delisting a species must 
be supported by the best scientific and commercial data available and 
only considered if such data substantiate 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

[[Page 11732]]

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)). A 5-year review ends with a determination 
of whether the species should be delisted or the listing status 
changed. A 5-year review does not change the listing status of the 
species. Changes to the listing status of a species can only be made 
following publication of a proposed rule with an opportunity for public 
comment and our consideration of the comments before making a final 
determination to reclassify or delist the species.
    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 Gulf of Maine DPS of Atlantic sturgeon currently listed as 
threatened, and the active review of the New York Bight, Chesapeake 
Bay, Carolina, and South Atlantic DPSs of Atlantic sturgeon that are 
currently listed as endangered.
    Background information for the Gulf of Maine, New York Bight, and 
Chesapeake Bay DPSs of Atlantic sturgeon is available on the NMFS GARFO 
website: https://www.greateratlantic.fisheries.noaa.gov/protected/atlsturgeon/index.html. Background information for the Carolina and 
South Atlantic DPSs of Atlantic sturgeon is available on the NMFS SERO 
website at: http://sero.nmfs.noaa.gov/protected_resources/sturgeon/index.html.

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 
information that has become available since the 2012 listing 
determination from the public, concerned governmental agencies, tribes, 
the scientific community, industry, environmental entities, and any 
other interested parties concerning the status of each of the five DPSs 
of Atlantic sturgeon. For example, we are aware that the Atlantic 
States Marine Fisheries Commission has just completed an Atlantic 
Sturgeon Benchmark Stock Assessment. This is an example of new 
information we will consider during our review. Categories of requested 
information include: (1) Species biology including, but not limited to, 
population trends, distribution, abundance, demographics, and genetics; 
(2) habitat conditions including, but not limited to, amount, 
distribution, and suitability; (3) status and trends of identified 
limiting factors or threats; (4) conservation measures that have been 
implemented that benefit the species; and (5) other new information, 
data, or corrections including, but not limited to, taxonomic or 
nomenclatural changes, identification of erroneous information 
contained in the list of endangered and threatened species, and 
improved analytical methods for evaluating extinction risk.
    Since there are no recovery plans for any of the DPSs, we will 
analyze the available information for the 5-year review relative to the 
ESA definitions of endangered and threatened and in the context of the 
five listing factors. The five factors are: (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.
    During the 5-year review, we are also required to consider whether 
the 1996 DPS policy (61 FR 4722; February 7, 1996) is appropriately 
applied to the species. The DPS Policy specifies that we consider the 
available information with respect to three elements. These elements 
are: (1) The discreteness of the population segment in relation to the 
remainder of the of the species to which it belongs; (2) the 
significance of the population segment to the species to which it 
belong; and (3) the population segment's conservation status in 
relation to the ESA's standards for listing (i.e., is the population 
segment endangered or threatened?). Because the five DPSs of Atlantic 
sturgeon have already been classified as DPSs following the 1996 DPS 
policy, a re-evaluation of the DPSs will not be necessary, unless there 
is new information specific to these DPSs relevant to the application 
of the policy.
    If you wish to provide information for this 5-year review, you may 
submit your information and materials electronically at 
www.regulations.gov or via mail (see ADDRESSES section). We request 
that all information be accompanied by supporting documentation such as 
maps, bibliographic references, or reprints of pertinent publications. 
We also would appreciate the submitter's name, address, and any 
association, institution, or business that the person represents; 
however, anonymous submissions will also be accepted.

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

    Dated: March 12, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-05306 Filed 3-15-18; 8:45 am]
 BILLING CODE 3510-22-P