[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Proposed Rules]
[Pages 22127-22129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08504]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2019-0020; FF09E21000 FXES11110900000 212]
RIN 1018-BD98
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for Big Creek Crayfish and St. Francis
River Crayfish and Designations of Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed to
list the Big Creek crayfish and the St. Francis River crayfish as
threatened species with section 4(d) rules and designations of critical
habitat on September 17, 2020. We announced a 60-day public comment
period on the proposed rule, ending November 16, 2020. We now reopen
the public comment period to allow all interested parties additional
time to comment on the proposed rule. Comments previously submitted
need not be resubmitted and will be fully considered in preparation of
the final rule. We also announce a public informational meeting and
public hearing on the proposed rule.
DATES: Written comments: The comment period on the proposed rule that
published September 17, 2020 (85 FR 58192), is reopened. We will accept
comments received or postmarked on or before May 27, 2021. Please note
that 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, and comments submitted by U.S. mail must be
postmarked by that date to ensure consideration.
Public informational meeting and public hearing: On May 13, 2021,
we will hold a public informational meeting from 6:00 to 7:15 p.m.,
Central Time, followed by a public hearing from 7:30 to 9:00 p.m.,
Central Time.
ADDRESSES: Availability of documents: You may obtain copies of the
September 17, 2020, proposed rule and associated documents on the
internet at http://www.regulations.gov under Docket No. FWS-R3-ES-2019-
0020.
Written comments: You may submit written 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-R3-ES-2019-0020,
which is the docket number for the proposed rule. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rule box to locate this document. You may submit a comment by clicking
on ``Comment Now!'' Please ensure you have found the correct document
before submitting your comments. If your comments will fit in the
provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review
procedures. If you attach your comments as a separate document, our
preferred file format is Microsoft Word. If you attach multiple
comments (such as form letters), our preferred format is a spreadsheet
in Microsoft Excel.
[[Page 22128]]
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R3-ES-2019-0020, U.S. Fish and Wildlife Service,
MS: PRB/3W, 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).
Public informational meeting and public hearing: The public
informational meeting and the public hearing will be held virtually
using the Zoom platform. See Public Hearing, below, for more
information.
FOR FURTHER INFORMATION CONTACT: Karen Herrington, Field Supervisor,
U.S. Fish and Wildlife Service, Missouri Ecological Services Field
Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203-0057;
telephone 573-234-2132. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2020, we published a proposed rule (85 FR 58192)
to list the Big Creek crayfish and the St. Francis River crayfish as
threatened species under the Endangered Species Act of 1973, as amended
(ESA; 16 U.S.C. 1531 et seq.) with ESA section 4(d) rules and
designations of critical habitat. The proposed rule had a 60-day public
comment period, ending November 16, 2020. During the comment period for
the proposed rule, we received a request for a public hearing.
Therefore, we are reopening the comment period for 30 days on our
proposed rule (see DATES, above) to hold a public informational meeting
and a public hearing and to allow the public an additional opportunity
to provide comments on the proposed rule.
For a description of previous Federal actions concerning the Big
Creek crayfish and the St. Francis River crayfish, please refer to the
September 17, 2020, proposed rule (85 FR 58192).
Public Comments
We will accept comments and information during this reopened
comment period on our proposed rule for the Big Creek crayfish and the
St. Francis River crayfish. We will consider information and
recommendations from all interested parties. We intend that any final
action resulting from the proposal will be based on the best scientific
and commercial data available and will be as accurate and as effective
as possible. Our final determination will take into consideration all
comments and any additional information we receive during all comment
periods on the proposed rule. Because we will consider all comments and
information we receive during the comment periods, our final
determinations may differ from our September 17, 2020, proposed rule
(85 FR 58192). Based on the new information we receive (and any
comments on that new information), we may conclude that the species are
endangered instead of threatened, or we may conclude that the species
does not warrant listing as either an endangered species or a
threatened species. For critical habitat, our final designation may not
include all areas proposed, may include some additional areas that meet
the definition of critical habitat, and may exclude some areas if we
find the benefits of exclusion outweigh the benefits of inclusion. In
addition, we may change the parameters of the prohibitions or the
exceptions to those prohibitions in the 4(d) rule if we conclude it is
appropriate in light of comments and new information received. For
example, we may expand the incidental-take prohibitions to include
prohibiting additional activities if we conclude that those additional
activities are not compatible with conservation of the species.
Conversely, we may establish additional exceptions to the incidental-
take prohibitions in the final rule if we conclude that the activities
would facilitate or are compatible with the conservation and recovery
of the species.
If you already submitted comments or information on the September
17, 2020, proposed rule (85 FR 58192), please do not resubmit them. Any
such comments are incorporated as part of the public record of the
rulemaking proceeding, and we will fully consider them in the
preparation of our final determinations.
Comments should be as specific as possible. 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 assert. 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 ESA
directs that determinations as to whether any species is an endangered
species 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 by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES. You may also provide your comments
through verbal testimony during the public hearing (see DATES,
ADDRESSES, and Public Hearing in this document).
If you submit information via http://www.regulations.gov, your
entire submission--including your personal identifying information--
will be posted on the website. 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 this proposed rule, will be
available for public inspection on http://www.regulations.gov at Docket
No. FWS-R3-ES-2019-0020.
Public Hearing
We have scheduled a public informational meeting and public hearing
on our September 17, 2020, proposed rule to list the Big Creek crayfish
and the St. Francis River crayfish (85 FR 58192). We will hold the
public informational meeting and public hearing on the date and at the
times listed above under Public informational meeting and public
hearing in DATES. We are holding the public informational meeting and
public hearing via the Zoom online video platform and via
teleconference so that participants can attend remotely. For security
purposes, registration is required. To listen and view the meeting and
hearing via Zoom, listen to the meeting and hearing by telephone, or
provide oral public comments at the public hearing by Zoom or
telephone, you must register. For information on how to register, or if
you encounter problems joining Zoom the day of the meeting, visit
https://www.fws.gov/midwest/endangered/index.html. Registrants will
receive the Zoom link and the telephone number for the public
informational meeting and public hearing. If applicable, interested
members of the public not familiar with the Zoom platform should view
the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior to the public informational
meeting and public hearing.
[[Page 22129]]
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding the
September 17, 2020, proposed rule to list the Big Creek crayfish and
the St. Francis River crayfish as threatened with section 4(d) rules
and designations of critical habitat (85 FR 58192). While the public
informational meeting will be an opportunity for dialogue with the
Service, the public hearing is not; it is a forum for accepting formal
verbal testimony. In the event there is a large attendance, the time
allotted for oral statements may be limited. Therefore, anyone wishing
to make an oral statement at the public hearing for the record is
encouraged to provide a prepared written copy of their statement to us
through the Federal eRulemaking Portal or U.S. mail (see ADDRESSES,
above). There are no limits on the length of written comments submitted
to us. Anyone wishing to make an oral statement at the public hearing
must register before the hearing (https://www.fws.gov/midwest/endangered/index.html). The use of a virtual public hearing is
consistent with our regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public
informational meeting and public hearing for all participants. Closed
captioning will be available during the public informational meeting
and public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at https://www.fws.gov/midwest/endangered/index.html after the hearing.
Participants will also have access to live audio during the public
informational meeting and public hearing via their telephone or
computer speakers. Persons with disabilities requiring reasonable
accommodations to participate in the meeting and/or hearing should
contact the person listed under FOR FURTHER INFORMATION CONTACT at
least 5 business days prior to the date of the meeting and hearing to
help ensure availability. An accessible version of the Service's public
informational meeting presentation will also be posted online at
https://www.fws.gov/midwest/endangered/index.html prior to the meeting
and hearing (see DATES, above). See https://www.fws.gov/midwest/endangered/index.html for more information about reasonable
accommodation.
Authors
The primary authors of this document are the Ecological Services
staff of the Great Lakes Regional Office, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director U.S. Fish and Wildlife Service.
[FR Doc. 2021-08504 Filed 4-26-21; 8:45 am]
BILLING CODE 4333-15-P