Designating Texas Hornshell Critical Habitat
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30888 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Proposed Rules DEPARTMENT OF THE INTERIOR (2) By hard copy: Submit by U.S. mail Code of Federal Regulations (CFR) in to: Public Comments Processing, Attn: part 17 (50 CFR 17.11(h) for wildlife and Fish and Wildlife Service FWS–R2–ES–2018–0021; U.S. Fish and 50 CFR 17.12(h) for plants). Wildlife Service Headquarters, MS: Designations and revisions of critical 50 CFR Part 17 BPHC, 5275 Leesburg Pike, Falls habitat can only be completed by [Docket No. FWS–R2–ES–2018–0021; Church, VA 22041–3803. issuing a rule. FF09E21000 FXES11110900000 212] We request that you send comments What this document does. This only by the methods described above. document proposes the designation of RIN 1018–BD55 We will post all comments on http:// critical habitat for the Texas hornshell and announces the availability of the Endangered and Threatened Wildlife www.regulations.gov. This generally draft economic analysis. The Texas and Plants; Designating Texas means that we will post any personal hornshell has been listed as an Hornshell Critical Habitat information you provide us (see the Information Requested section below for endangered species under the Act. This AGENCY: Fish and Wildlife Service, more information). rule proposes designation of critical Interior. Public informational meeting and habitat necessary for the conservation of ACTION: Proposed rule. public hearing: The public the species. informational meeting and the public The basis for our action. Under the SUMMARY: We, the U.S. Fish and hearing will be held virtually using the Endangered Species Act, any species Wildlife Service (Service), propose to Zoom platform. See Public Hearing, that is determined to be a threatened or designate critical habitat for the Texas below, for more information. endangered species shall, to the hornshell (Popenaias popeii), a Document availability: The draft maximum extent prudent and freshwater mussel, under the economic analysis is available at https:// determinable, have habitat designated Endangered Species Act (Act). In total, www.fws.gov/southwest/es/ that is considered to be critical habitat. the proposed critical habitat designation TexasCoastal/, at http:// Section 4(b)(2) of the Endangered includes approximately 463.6 river www.regulations.gov in Docket No. Species Act states that the Secretary miles (745.9 kilometers) in Eddy FWS–R2–ES–2018–0021, and at the shall designate and make revisions to County, New Mexico, and in Culberson, Texas Coastal Ecological Services Field critical habitat on the basis of the best Brewster, Terrell, Val Verde, Kinney, Office (see FOR FURTHER INFORMATION available scientific data after taking into Maverick, and Webb Counties, Texas. If CONTACT). consideration the economic impact, the we finalize this rule as proposed, it The coordinates or plot points or both impact on national security, and any would extend the Act’s protections to from which the maps are generated are other relevant impact of specifying any this species’ critical habitat. The effect included in the administrative record particular area as critical habitat. The of this regulation is to designate critical for this critical habitat designation and Secretary may exclude an area from habitat for the Texas hornshell under are available at https://www.fws.gov/ critical habitat if he determines that the the Act. We also announce the southwest/es/TexasCoastal/, at http:// benefits of such exclusion outweigh the availability of a draft economic analysis www.regulations.gov in Docket No. benefits of specifying such area as part of the proposed designation of critical FWS–R2–ES–2018–0021, and at the of the critical habitat, unless he habitat. We also are notifying the public Texas Coastal Ecological Services Field determines, based on the best scientific that we have scheduled an data available, that the failure to Office (see FOR FURTHER INFORMATION informational meeting followed by a designate such area as critical habitat CONTACT). Any additional tools or public hearing on the proposed rule. will result in the extinction of the supporting information that we may species. DATES: develop for this critical habitat Comment submission: We will accept Supporting analyses. We prepared an designation will also be available at the comments on this proposed rule or draft analysis of the economic impacts of the Service website and field office set out economic analysis that are received or proposed critical habitat designation above, and may also be included in the postmarked on or before August 9, 2021. and hereby announce the availability of preamble of the final rule and/or at Comments submitted electronically the draft economic analysis for public http://www.regulations.gov. using the Federal eRulemaking Portal review and comment. (see ADDRESSES below) must be received FOR FURTHER INFORMATION CONTACT: Our species status assessment report by 11:59 p.m. Eastern Time on the Chuck Ardizzone, U.S. Fish and (SSA report) documents the results of closing date. Wildlife Service, Texas Coastal the comprehensive biological status Public informational meeting and Ecological Services Field Office, 17629 review for the Texas hornshell and public hearing: We will hold a public El Camino Real #211, Houston, TX provides an account of the species’ informational session from 5:00 p.m. to 77058; by telephone 281–286–8282; or overall viability through forecasting of 6:00 p.m., Mountain Time, followed by by facsimile 281–488–5882. Persons the species’ condition in the future a public hearing from 6:30 p.m. to 8:30 who use a telecommunications device (Service 2018, entire). Additionally, the p.m., Mountain Time, on June 29, 2021. for the deaf (TDD) may call the Federal SSA report contains our analysis of ADDRESSES: Relay Service at 800–877–8339. required habitat and the existing Comment submission: You may SUPPLEMENTARY INFORMATION: conditions of that habitat. submit comments on the proposed rule Peer review. We sought comments Executive Summary or draft economic analysis by one of the from independent specialists on the following methods: Why we need to publish a rule. Under SSA report to ensure that our critical (1) Electronically: Go to the Federal the Endangered Species Act, critical habitat proposal is based on eRulemaking Portal: http:// habitat must be designated, to the scientifically sound data and analyses. www.regulations.gov. In the Search box, maximum extent prudent and We received feedback from four enter FWS–R2–ES–2018–0021 to find determinable, for all species determined scientists with expertise in freshwater this proposed rule. You may submit a to be endangered or threatened. The mussel biology, ecology, and genetics as comment by clicking on ‘‘Comment Lists of Endangered and Threatened peer review of the SSA report. The Now!’’ Wildlife and Plants are in title 50 of the reviewers were generally supportive of VerDate Sep<11>2014 16:41 Jun 09, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM 10JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Proposed Rules 30889 our approach and made suggestions and (d) What areas not occupied at the analysis, and how the consequences of comments that strengthened our time of listing are essential for the such reactions, if likely to occur, would analysis. We incorporated these conservation of the species. We relate to the conservation and regulatory comments into the SSA report, which particularly seek comments regarding: benefits of the proposed critical habitat can be found at http:// (i) Whether occupied areas are designation. www.regulations.gov under Docket No. inadequate for the conservation of the (11) Whether we could improve or FWS–R2–ES–2018–0021. species; and, modify our approach to designating (ii) Specific information that supports critical habitat in any way to provide for Information Requested the determination that unoccupied areas greater public participation and We intend that any final action will, with reasonable certainty, understanding, or to better resulting from this proposed rule will be contribute to the conservation of the accommodate public concerns and based on the best scientific data species and, contain at least one comments. available and be as accurate and as physical or biological feature essential You may submit your comments and effective as possible. Therefore, we to the conservation of the species. materials concerning this proposed rule request comments or information from (3) Land use designations and current by one of the methods listed in other concerned government agencies, or planned activities in the subject areas ADDRESSES. We request that you send the scientific community, industry, or and their possible impacts on proposed comments only by the methods any other interested party concerning critical habitat. described in ADDRESSES. this proposed rule. Because we will (4) Information on the projected and All comments submitted consider all comments and information reasonably likely impacts of climate electronically via http:// received during the comment period, change on the Texas hornshell and www.regulations.gov will be presented our final determinations may differ from proposed critical habitat. on the website in their entirety as this proposal. (5) Any probable economic, national submitted. For comments submitted via We particularly seek comments security, or other relevant impacts of hard copy, we will post your entire