50360 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2016–0086; 

4500030113] 

RIN 1018–BB52 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition to List the Western Glacier 

Stonefly as an Endangered or 

Threatened Species; Proposed 

Threatened Species Status for 

Meltwater Lednian Stonefly and 

Western Glacier Stonefly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the comment period on our 

October 4, 2016, proposed rule to list 

the western glacier stonefly (Zapada 

glacier) and the meltwater lednian 

stonefly (Lednia tumana) as threatened 

species under the Endangered Species 

Act of 1973, as amended (Act). We are 

reopening the comment period because 

we have received additional information 

about the range of the western glacier 

stonefly and reopening the comment 

period will provide the public an 

opportunity to comment on the 

additional range information. In August 

2016, we received new information on 

the western glacier stonefly, indicating 

a larger range than previously known. In 

March 2017, we again received 

additional information (separate from 

the information received in August 

2016) regarding the western glacier 

stonefly range, also indicating a larger 

range than previously known. We invite 

the public to comment on this 

additional information. 

DATES: The comment period on the 

October 4, 2016, proposed rule (81 FR 

68379) is reopened. Comments should 

be received on or before November 30, 

2017. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R6–ES–2016–0086, which is 

the docket number for this rulemaking. 

Then, in the Search panel on the left 

side of the screen, under the Document 

Type heading, click on the Proposed 

Rules link to locate this document. You 

may submit a comment by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R6–ES–2016– 

0086, U.S. Fish and Wildlife Service, 

MS: BPHC, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

Document availability: You may view 

the October 4, 2016, proposed rule and 

supporting materials associated with 

this reopened public comment period 

and described below under 

SUPPLEMENTARY INFORMATION at http://

www.regulations.gov under Docket No. 

FWS–R6–ES–2016–0086, or from the 

office listed in FOR FURTHER INFORMATION

CONTACT. 

FOR FURTHER INFORMATION CONTACT: Jodi 

Bush, Field Supervisor, U.S. Fish and 

Wildlife Service, Montana Ecological 

Services Field Office, 585 Shepard Way, 

Helena, MT 59601; telephone 406–449– 

5225; facsimile 406–449–5339; jodi_

bush@fws.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

Public Comments 

We will accept written comments and 

information during this reopened 

comment period regarding the new 

information indicating additional 

streams and springs occupied by the 

western glacier stonefly (Giersch et al. 

2016, entire; Giersch 2017, pers. comm.) 

as described in this document. We will 

also accept written comments and 

information on our proposed rule to list 

the western glacier stonefly and the 

meltwater lednian stonefly as 

threatened species under the Act that 

was published in the Federal Register 

on October 4, 2016 (81 FR 68379). We 

will consider information and 

recommendations from all interested 

parties. 

In addition, we continue to seek 

comments on the following topics as 

requested in our October 4, 2016, 

proposed rule (81 FR 68379): 

(1) The meltwater lednian stonefly 

and the western glacier stonefly biology, 

range, and population trends, including: 

(a) Biological or ecological 

requirements of the species, including 

habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species, their habitat, 

or both. 

(2) Factors that may affect the 

continued existence of the species, 

which may include habitat modification 

or destruction, overutilization, disease, 

predation, the inadequacy of existing 

regulatory mechanisms, or other natural 

or manmade factors. 

(3) Biological, commercial trade, or 

other relevant data concerning any 

threats (or lack thereof) to these species 

and existing regulations that may be 

addressing those threats. 

(4) Additional information concerning 

the historical and current status, range, 

distribution, and population size of 

these species, including the locations of 

any additional populations. 

If you submitted comments or 

information on the proposed rule (81 FR 

68379) during the initial comment 

period from October 4, 2016, to 

December 5, 2016, please do not 

resubmit them. Any such comments are 

incorporated as part of the public record 

of this rulemaking proceeding, and we 

will fully consider them in the 

preparation of our final determination. 

Our final determination will take into 

consideration all written comments and 

any additional information we receive 

during all comment periods. The final 

decision may differ from the proposed 

rule, based on our review of all 

information received during this 

rulemaking proceeding. 

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. 

Please note that 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, as section 

4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is an endangered or a threatened 

species must be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 


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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 50361 

comments only by the methods 

described in ADDRESSES. 

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 your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this 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. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing the proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Montana Ecological Services 

Field Office (see FOR FURTHER

INFORMATION CONTACT). 

Peer Review 

In accordance with our joint policy on 

peer review published in the Federal 

Register on July 1, 1994 (59 FR 34270), 

we sought the expert opinions of six 

appropriate and independent specialists 

regarding the proposed rule, including 

the new information discussed in this 

document, and received comments or 

peer reviews from four peer reviewers. 

The purpose of peer review is to ensure 

that our listing determinations are based 

on scientifically sound data, 

assumptions, and analyses. The peer 

reviewers have expertise in stonefly 

biology, habitat, and life history. 

Background 

Species Information and Previous 

Federal Actions 

On October 4, 2016, we published a 

12-month finding for the western glacier 

stonefly and a proposed rule to list the 

western glacier stonefly and meltwater 

lednian stonefly as threatened species 

under the Act (81 FR 68379). We 

combined the 12-month finding and 

proposed rule in one document for 

efficiency. Please refer to that proposed 

rule for information about western 

glacier stonefly and meltwater lednian 

stonefly taxonomy, descriptions of the 

two species, distribution and 

abundance, habitat, and biology, as well 

as a detailed description of previous 

Federal actions concerning the western 

glacier stonefly and meltwater lednian 

stonefly prior to October 4, 2016. As 

discussed in our proposed rule, we 

became aware of information in August 

2016 indicating additional streams and 

springs occupied by western glacier 

stonefly in southwestern Montana and 

northwestern Wyoming. Furthermore, in 

March 2017, we became aware of 

additional information on western 

glacier stonefly, indicating a larger range 

than previously known. This new 

information from August 2016 and 

March 2017 is described below. 

New Information 

We received updated information on 

the distribution of western glacier 

stonefly from the United States 

Geological Survey (USGS) on August 22, 

2016. This information was included in 

a final report to the Service examining 

the status, distribution, and ecology of 

the meltwater lednian stonefly and the 

western glacier stonefly (Giersch et al. 

2016, entire). In this report, USGS 

documented western glacier stonefly 

approximately 500 miles farther south 

than previously known (Giersch et al. 

2016, p. 28). These southern streams 

and springs were in the AbsarokaBeartooth Wilderness in southern 

Montana and in Grand Teton National 

Park in northwestern Wyoming. On 

March 22, 2017, we again received 

updated information on the distribution 

of western glacier stonefly from the 

USGS. This information was from field 

surveys conducted in late 2016. These 

surveys identified additional occupied 

streams and springs of western glacier 

stonefly in southern Montana and 

northwestern Wyoming (in the 

Absaroka-Beartooth Wilderness and 

Grand Teton National Park; Figure 1). 

In addition, a study funded by the 

Wyoming Natural Diversity Database 

estimated the degree to which western 

glacier stonefly were genetically 

different amongst the three mountain 

ranges (Glacier National Park, AbsarokaBeartooth Wilderness, and Grand Teton 

National Park) (Hotaling et al. 2017, p. 

11). Although the study noted that there 

is evidence of significant genetic 

differentiation amongst western glacier 

stonefly populations residing in the 

different mountain ranges, the authors 

do not believe the evidence supports 

multiple species designations (Hotaling 

et al. 2017, p. 12). As a result of the 

additional range information and 

genetics report, we are now aware of a 

total of 16 occupied streams or springs 

of western glacier stonefly rangewide 

(Montana and Wyoming). 

BILLING CODE 4333–15–P 


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Figure 1. Known distribution of western glacier stonefly, including newly reported 

streams and springs in southern Montana (Absaroka-Beartooth Wilderness) and 

northwestern W omin Grand Teton National Park. 
Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 50363 

BILLING CODE 4333–15–C 

References Cited 

A complete list of references cited in 

this document is available on the 

Internet at http://www.regulations.gov at 

Docket No. FWS–R6–ES–2016–0086 and 

upon request from the Montana 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this document 

are the staff members of the Montana 

Ecological Services Field Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

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

Dated: September 28, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–23579 Filed 10–30–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 253 

[Docket No. 170404355–7355–01] 

RIN 0648–BG80 

Merchant Marine Act and MagnusonStevens Act Provisions; Fishing 

Vessel, Fishing Facility and Individual 

Fishing Quota and Harvesting Rights 

Lending Program Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS’ Fisheries Finance 

Program (FFP) provides long-term 

financing to the commercial fishing and 

aquaculture industries for fishing 

vessels, fisheries facilities, aquaculture 

facilities, and certain designated 

individual fishing quota (IFQ). Section 

302 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120) included 

new authority to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. The FFP proposes to add 

a new section to the existing FFP 

regulations to implement this statutory 

change. The net effect of this proposed 

change to the regulations will be to 

provide additional authority for the 

program to lend, while leaving the 

original IFQ authority to Fishery 

Management Councils to use as needed. 

DATES: Comments must be submitted in 

writing on or before November 30, 2017, 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2017–0064, 

by any one of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0064, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Paul Marx, Chief, Financial 

Services Division, NMFS, Attn: F/MB5, 

1315 East-West Highway, SSMC3, Silver 

Spring, MD 20910. 

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 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). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to paul.marx@

noaa.gov and by email to oira_

submission@omb.eop.gov or fax to (202) 

395–7285. 

FOR FURTHER INFORMATION CONTACT: Paul 

Marx, at 301–427–8771 or via email at 

paul.marx@noaa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

authority of Chapter 537 of Title 46 of 

the United States Code, 46 U.S.C. 53701, 

et seq., the FFP may provide long-term 

financing to the commercial fishing and 

aquaculture industries for fishing 

vessels, fisheries facilities, aquaculture 

facilities, and certain designated 

individual fishing quota (IFQs). Section 

302 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120) amended 

Chapter 537, providing the FFP with the 

authority to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. This amendment is 

codified at 46 U.S.C. 53702(b)(4)(B). 

This action would modify the existing 

Program regulations to reflect this 

statutory change. The net effect of this 

change will be to provide additional 

authority for the program to lend, while 

leaving the original IFQ authority to 

Fishery Management Councils (FMCs) 

to use as needed. 

Existing IFQ Loan Authority 

46 U.S.C. 53706 authorizes the FFP to 

finance or refinance the purchase of 

individual fishing quotas in accordance 

with section 303(d)(4) of the MagnusonStevens Fishery Conservation and 

Management Act (MSA), now codified 

at 16 U.S.C. 1853a(g). Under this 

provision of the MSA, an FMC may 

submit, and NMFS may approve and 

implement, a loan program to aid in (1) 

the acquisition of IFQ by fishermen who 

fish from ‘‘small vessels,’’ and (2) the 

first time purchase of IFQ by ‘‘entry 

level fishermen.’’ Therefore, under this 

authority, the FFP cannot initiate or 

implement a lending program to finance 

or refinance the purchase of IFQ until 

the appropriate FMC submits a request 

to NMFS and provides guidance for the 

requisite criteria. 

NMFS currently administers two loan 

programs pursuant to the existing IFQ 

authority: The Northwest Halibut/ 

Sablefish and Bering Sea and Aleutian 

Islands Crab IFQ loan programs. NMFS 

anticipates no effects to either of these 

existing loan programs as a result of this 

proposed action. 

New Loan Authority 

The new authority provided by Public 

Law 114–120 broadens the FFP’s 

existing authority, and authorizes the 

Program to finance the purchase of 

harvesting rights in a fishery that is 

federally managed under a limited 

access system. NMFS will interpret 

‘‘limited access system’’ in accordance 

with section 3(27) of the MSA for 

purposes of this authority. The MSA 

defines ‘‘limited access system’’ as ‘‘a 

system that limits participation in a 

fishery to those satisfying certain 

eligibility criteria or requirements 

contained in a fishery management plan 

or associated regulation.’’ 16 U.S.C. 

1802(27). Such definition includes, but 

is not limited to, IFQ fisheries. 

The new authority provided by Public 

Law 114–120 does not require FMCs to 

initiate a request to establish a loan 

program in a fishery that is federally 

managed under a limited access system 

in order for the FFP to provide financing 

in such a fishery. However, under the 

MSA, FMCs are primarily responsible 

for developing fishery management 

plans (FMPs) for fisheries within their 

authority that require conservation and 

management. It is possible that the 

availability of fisheries loans may have 

unanticipated effects on the 


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