13122 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules 

(1) What may constitute ‘‘physical or 

biological features essential to the 

conservation of the species;’’ 

(2) Where these features are currently 

found; and 

(3) Whether any of these features may 

require special management 

considerations or protection. 

In addition, we request data and 

information on ‘‘specific areas outside 

the geographical area occupied by the 

species’’ that are ‘‘essential to the 

conservation of the species.’’ Please 

provide specific comments and 

information as to what, if any, critical 

habitat you think we should propose for 

designation if the species is proposed 

for listing, and why such habitat meets 

the requirements of section 4 of the Act. 

Please include sufficient information 

with your submission (such as scientific 

journal articles or other publications) to 

allow us to verify any scientific or 

commercial information you include. 

Submissions merely stating support 

for or opposition to the action under 

consideration without providing 

supporting information, although noted, 

will not be considered in making a 

determination. Section 4(b)(1)(A) of the 

Act directs that determinations as to 

whether any species is an endangered or 

threatened species must be made ‘‘solely 

on the basis of the best scientific and 

commercial data available.’’ 

You may submit your information 

concerning this status review by one of 

the methods listed in the ADDRESSES

section. If you submit information via 

http://www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If you submit a 

hardcopy that includes personal 

identifying information, you may 

request at the top of your document that 

we withhold this personal identifying 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. We will post all 

hardcopy submissions on http:// 

www.regulations.gov. 

Information and supporting 

documentation that we received and 

used in preparing this finding is 

available for you to review at http:// 

www.regulations.gov, or you may make 

an appointment during normal business 

hours at the U.S. Fish and Wildlife 

Service, San Francisco Bay-Delta Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Previous Federal Actions 

On August 8, 2007, the Service 

received a petition from the Bay 

Institute, the Center for Biological 

Diversity, and the Natural Resources 

Defense Council to list the San 

Francisco Bay-Delta population of the 

longfin smelt as a distinct population 

segment (DPS) and to designate critical 

habitat for the species concurrent with 

the listing. The petition was clearly 

identified as a petition for a listing rule 

and contained the names, signatures, 

and addresses of the requesting parties. 

On May 6, 2008, the Service published 

a 90-day finding (73 FR 24911) in which 

we concluded that the petition provided 

substantial information indicating that 

listing the San Francisco Bay-Delta 

Population of the longfin smelt as a 

distinct populations segment (DPS) may 

be warranted, and we initiated a status 

review. On April 9, 2009, the Service 

published a 12-month finding (74 FR 

16169) on the petition to list the San 

Francisco Bay-Delta population of the 

longfin smelt as a DPS and designate 

critical habitat for the species 

concurrent with the listing. We 

determined that the San Francisco BayDelta population of the longfin smelt 

did not meet the discreteness criterion 

of our Policy Regarding the Recognition 

of Distinct Vertebrate Population 

Segments (DPS policy) (February 7, 

1996, 61 FR 4721), and therefore we did 

not undertake a significance review, 

since it is not a valid DPS. 

On November 13, 2009, the Center for 

Biological Diversity (CBD) filed a 

complaint in the U.S. District Court for 

the Northern District of California, 

challenging the Service on the merits of 

the 2009 determination. On February 1, 

2011, the Service settled with the Center 

for Biological Diversity and agreed to 

conduct a range-wide 12-month finding 

to be published by September 30, 2011. 

You may obtain copies of the 2009 

determination, and other previous 

Federal actions relating to the longfin 

smelt, by mail from the San Francisco 

Bay-Delta Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT

section); on the Internet at http:// 

www.fws.gov/sfbaydelta/; or by visiting 

the Federal eRulemaking Portal at 

http://www.regulations.gov. 

Authors 

The primary authors of this notice are 

the staff members of the San Francisco 

Bay-Delta Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: March 2, 2011. 

Gregory E. Siekaniec, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2011–5424 Filed 3–9–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110103005–1005–01] 

RIN 0648–BA48 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Greater 

Amberjack Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: NMFS is reopening the 

comment period to provide additional 

opportunity for public comment on the 

proposed rule that would implement a 

seasonal closure for the Gulf of Mexico 

(Gulf) greater amberjack recreational 

sector. The reopening of the comment 

period is to ensure that the public fully 

understands the intent of the greater 

amberjack regulatory amendment. 

NMFS is reopening the comment period 

for the proposed rule on March 10, 2011 

and it will remain open through March 

25, 2011. The intended effect of the 

proposed rule is to mitigate the social 

and economic impacts associated with 

implementing in-season closures. 

DATES: The comment period for the 

proposed rule that published on January 

24, 2011 (76 FR 4084), and closed on 

February 23, 2011, will reopen on 

March 10, 2011 and remain open 

through March 25, 2011. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

0648–BA48 by any of the following 

methods: 

• Electronic submissions: Submit 

electronic comments via the Federal 

e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Rich Malinowski, Southeast 

Regional Office, NMFS, 263 13th 

Avenue, South, St. Petersburg, FL 

33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules 13123 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-rulemaking portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0281’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, then select 

‘‘Send a comment or submission’’. 

NMFS will accept anonymous 

comments (enter N/A in the required 

field if you wish to remain anonymous). 

You may submit attachments to 

electronic comments in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments received through means 

not specified in this proposed rule will 

not be considered. 

Copies of the regulatory amendment, 

which includes an environmental 

assessment (EA), an initial regulatory 

flexibility analysis (IRFA), and a 

regulatory impact review, may be 

obtained from the Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607; telephone 813–348–1630; fax 

813–348–1711; e-mail 

gulfcouncil@gulfcouncil.org; or may be 

downloaded from the Council’s Web 

site at: http://www.gulfcouncil.org/. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, 727–824–5305; fax: 727– 

824–5308. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On January 24, 2011 (76 FR 4084), 

NMFS published a proposed rule to 

establish a 2-month seasonal closure of 

the recreational sector for greater 

amberjack within the Gulf reef fish 

fishery. Harvest and possession of 

recreational greater amberjack would be 

prohibited in or from the Gulf EEZ 

during the months of June and July each 

year. The establishment of a recreational 

seasonal closure is intended to mitigate 

the social and economic impacts 

associated with implementing in-season 

closures. 

Based on many of the comments 

received on the proposed rule, it 

appears to NMFS that the intent of the 

proposed action was not completely 

understood by the public. A number of 

commenters seem to have the 

understanding that the intent of the 

recreational seasonal closure is to 

reduce recreational harvest. In actuality, 

the proposed recreational seasonal 

closure occurs during a peak time for 

greater amberjack fishing, and is 

therefore projected to allow the 

recreational sector to be open during the 

remainder of the fishing year, without 

the necessity for additional in-season 

quota closures or implementation of 

accountability measures. Many for-hire 

operators indicated to the Council that 

the summer recreational seasonal 

closure was a preferred closure 

alternative since it would allow the forhire industry to market greater 

amberjack as a trophy fish during the 

months their preferred target species of 

red snapper was unavailable. 

NMFS specifically invites public 

comment on the clarification of the 

intent of the greater amberjack 

recreational seasonal closure. 

Additionally, the reef fish for-hire 

industry has requested a reopening of 

the comment period to allow industry 

additional time to submit comments. 

Therefore, NMFS will reopen the public 

comment period on the proposed rule 

on March 10, 2011 and it will remain 

open through March 25, 2011. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 4, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2011–5521 Filed 3–9–11; 8:45 am] 

BILLING CODE 3510–22–P 


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