[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27417-27418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08208]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD857]
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: NMFS announces its intent to conduct a 5-year review of the
endangered western distinct population segment (DPS) of the Steller sea
lion (Eumetopias jubatus). NMFS is required by the Endangered Species
Act (ESA) to conduct 5-year reviews to ensure that 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 (WDPS) of Steller sea lion, particularly information on
their status, threats, and recovery that has become available since the
previous 5-year review was issued in 2020.
DATES: To allow us adequate time to conduct this review, we must
receive your information no later than June 17, 2024. However, we will
continue to accept new information about any listed species at any
time.
ADDRESSES: You may submit comments on this document, identified by
docket number NOAA-NMFS-2024-0032, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA-NMFS-2024-0032 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Anne Marie Eich,
Assistant Regional Administrator for Protected Resources, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Fax: (907) 586-7012; Attn: Dr. Anne Marie Eich.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted 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 information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Kim Raum-Suryan, NMFS Alaska Region,
907-586-7424, [email protected].
SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the ESA requires that
the Secretary, through NMFS, conduct a review of ESA-listed species at
least once every 5 years (16 U.S.C. 1533(c)(2)(A)). 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) we determine whether a listed species
should be delisted, or be reclassified from endangered to threatened or
from threatened to endangered (16 U.S.C. 1533(c)(2)(B)). 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 has recovered to the point at which
it no longer meets the definition of an endangered species or a
threatened species; (3) new information that has become available since
the original listing decision shows the listed entity does not meet the
definition of an endangered species or a threatened species; or (4) new
information that has become available since the original listing
decision shows the listed entity does not meet the definition of a
species. Any change in Federal classification would require a separate
rulemaking process.
[[Page 27418]]
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
reclassified the Steller sea lion into two DPSs: a WDPS, listed as
endangered, and an eastern DPS (EDPS), listed as threatened (62 FR
24345). 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) due to persistent decline and lack of recovery, while the
EDPS remained listed as threatened. On November 4, 2013, NMFS delisted
the EDPS Steller sea lion (78 FR 66140). NMFS completed the last 5-year
review of this species on February 20, 2020 and the document is
available on the NMFS website at: https://www.fisheries.noaa.gov/resource/document/western-distinct-population-segment-steller-sea-lion-5-year-review-summary-and. Background information on these Steller sea
lion DPSs is available on the NMFS website at: https://www.fisheries.noaa.gov/species/steller-sea-lion/overview.
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.
Application of the DPS Policy
On February 7, 1996, NMFS adopted the Policy Regarding the
Recognition of Distinct Vertebrate Population Segments (DPS Policy) to
clarify the interpretation of the phrase ``distinct population segment
of any species of vertebrate fish or wildlife'' for the purposes of
listing, delisting, and reclassifying species under the ESA (61 FR
4722). The WDPS 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 DPS Policy (61 FR 4722, February 7, 1996). 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 Relevant Information
To ensure that the 5-year review is 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 the endangered WDPS of the
Steller sea lion. 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,
suitability, 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 this review, you may submit
your information and materials electronically 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: April 12, 2024.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2024-08208 Filed 4-16-24; 8:45 am]
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