[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43308-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14314]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD118]


Endangered and Threatened Species; Initiation of 5-Year Reviews 
for Black Abalone and White Abalone

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: NMFS announces its intent to conduct 5-year reviews for black 
abalone (Haliotis cracherodii) and white abalone (H. sorenseni), both 
listed as endangered under the Endangered Species Act (ESA). NMFS is 
required by the ESA to conduct 5-year reviews to ensure that the 
listing classifications of species are accurate. The 5-year reviews 
must be based on the best scientific and commercial data available at 
the time. We request submission of any such information on black 
abalone and white abalone, particularly information on

[[Page 43309]]

their status, threats, and recovery that has become available since the 
last 5-year reviews in 2018.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than September 5, 2023. However, we 
will continue to accept new information about any listed species at any 
time.

ADDRESSES: Submit your information, identified by docket number NOAA-
NMFS-2023-0086, electronically via the Federal e-Rulemaking Portal. Go 
to https://www.regulations.gov. In the ``Search'' box, enter the above 
docket number for this notice. Then, click on the ``Search'' icon. On 
the resulting web page, click the ``Comment'' icon, complete the 
required fields, and enter or attach your comments.
    Instructions: NMFS may not consider comments if they are sent by 
any other method or received after the comment period ends. All 
comments received are a part of the public record. NMFS will post the 
comments for public viewing on https://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. NMFS will accept anonymous submissions (enter ``N/A'' in 
the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS West Coast 
Region, 562-980-4115, or Susan Wang, NMFS West Coast Region, 562-980-
4199.

SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the ESA requires that 
we conduct a review of listed species at least once every 5 years. The 
regulations in 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing species currently under active review. On 
the basis of such reviews, under section 4(c)(2)(B) of the ESA we 
determine whether a listed species should be delisted or reclassified 
from endangered to threatened or from threatened to endangered. As 
described by the regulations in 50 CFR 424.11(e), the Secretary shall 
delist a species if the Secretary finds that, after conducting a status 
review based on the best scientific and commercial data available: (1) 
The species is extinct; (2) the species does not meet the definition of 
an endangered species or a threatened species; or (3) the listed entity 
does not meet the statutory definition of a species. Any change in 
Federal classification would require a separate rulemaking process.
    The white abalone was listed as endangered under the ESA on May 29, 
2001 (66 FR 29046), and the black abalone was listed as endangered 
under the ESA on January 14, 2009 (74 FR 1937). Background information 
on white abalone is available on the NMFS website at: https://www.fisheries.noaa.gov/species/white-abalone. Background information on 
black abalone is available on the NMFS website at: https://www.fisheries.noaa.gov/species/black-abalone.

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 on the basis of the best scientific and 
commercial data available after conducting a review of the status of 
the species and after taking into account those efforts, if any, being 
made by any State or foreign nation, to protect such species.

Public Solicitation of New Relevant Information

    To ensure that the 5-year reviews are complete and based on the 
best scientific and commercial data available, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of white abalone and/or black 
abalone. 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 important 
features for conservation; (3) status and trends of threats to the 
species and its habitats; (4) conservation measures that have been 
implemented that benefit the species, including monitoring data 
demonstrating effectiveness of such measures; (5) need for additional 
conservation measures; and (6) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes and improved analytical methods for evaluating extinction risk.
    If you wish to provide information for the 5-year reviews, you may 
submit your information and materials electronically (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, we will also accept anonymous submissions.
    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 30, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-14314 Filed 7-6-23; 8:45 am]
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