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Federal Register/Vol. 86, No. 71/Thursday, April 15, 2021

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Federal Register/Vol. 86, No. 71/Thursday, April 15, 2021 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19863 Critical Habitat for Procambarus econfinae (Panama City Crayfish) Units 7-8: Star and Transmitter East Bay County, Florida 0 0.75 1.5 2.25 -c=:=---==::::iKilometers nit Boundary --=:::::11---==:::::iMiles ay County 0 0.55 1.1 1.65 (13) Unit 8: Transmitter East, Bay (ii) Map of Unit 8 is provided at DEPARTMENT OF COMMERCE County, Florida. paragraph (12)(ii) of this entry. National Oceanic and Atmospheric (i) General description: Unit 8 * * * * * Administration consists of 3,571.5 ac (1,445.4 ha) and Martha Williams, is composed of lands in State, county, 50 CFR Parts 223 and 224 or city ownership (82.5 ac (33.4 ha)), Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and private ownership (3,489.0 ac and Wildlife Service. [Docket No. 210409–0078;RTID 0648– (1,412.0 ha)). [FR Doc. 2021–07243 Filed 4–14–21; 8:45 am] XR116] BILLING CODE 4333–15–C Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Shortfin Mako Shark as Threatened or Endangered Under the Endangered Species Act AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.004</GPH> 19864 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules Atmospheric Administration (NOAA), Background 1996). A species, subspecies, or DPS is Commerce. On January 25, 2021, we received a ‘‘endangered’’ if it is in danger of ACTION: 90-day petition finding, request petition from Defenders of Wildlife to extinction throughout all or a significant for information, and initiation of status list the shortfin mako shark (Isurus portion of its range, and ‘‘threatened’’ if review. oxyrinchus) as a threatened or it is likely to become endangered within endangered species under the ESA and the foreseeable future throughout all or SUMMARY: We, NMFS, announce a 90- to designate critical habitat concurrent a significant portion of its range (ESA day finding on a petition to list the with the listing. The petition asserts that sections 3(6) and 3(20), respectively, 16 shortfin mako shark (Isurus oxyrinchus) I. oxyrinchus is threatened by 4 of the U.S.C. 1532(6) and (20)). Pursuant to the ESA and our implementing regulations, as threatened or endangered under the 5 ESA section 4(a)(1) factors: (1) Present we determine whether species are Endangered Species Act (ESA) and to and threatened modification of its threatened or endangered based on any designate critical habitat concurrent habitat; (2) overutilization for one or a combination of the following with the listing. We find that the commercial and recreational purposes; five section 4(a)(1) factors: (1) The petition presents substantial scientific (3) inadequacy of existing regulatory present or threatened destruction, or commercial information indicating mechanisms; and (4) other natural or modification, or curtailment of habitat that the petitioned action may be manmade factors. The petition is warranted. Therefore, we are initiating a or range; (2) overutilization for available online (see ADDRESSES). status review of the species to determine commercial, recreational, scientific, or whether listing under the ESA is ESA Statutory, Regulatory, and Policy educational purposes; (3) disease or warranted. To ensure this status review Provisions and Evaluation Framework predation; (4) inadequacy of existing is comprehensive, we are soliciting Section 4(b)(3)(A) of the ESA of 1973, regulatory mechanisms to address scientific and commercial information as amended (16 U.S.C. 1531 et seq.), identified threats; (5) or any other natural or manmade factors affecting the regarding this species. requires, to the maximum extent species’ existence (16 U.S.C. 1533(a)(1), DATES: Scientific and commercial practicable, that within 90 days of information pertinent to the petitioned 50 CFR 424.11(c)). receipt of a petition to list a species as ESA-implementing regulations issued action must be received by June 14, threatened or endangered, the Secretary jointly by NMFS and USFWS (50 CFR 2021. of Commerce make a finding on whether 424.14(h)(1)(i)) define ‘‘substantial ADDRESSES: You may submit comments that petition presents substantial scientific or commercial information’’ in on this document, identified by NOAA– scientific or commercial information the context of reviewing a petition to NMFS–2021–0028 by the following indicating that the petitioned action list, delist, or reclassify a species as method: may be warranted, and to promptly credible scientific or commercial • Electronic Submissions: Submit all publish such finding in the Federal information in support of the petition’s electronic public comments via the Register (16 U.S.C. 1533(b)(3)(A)). When claims such that a reasonable person Federal eRulemaking Portal. Go to it is found that substantial scientific or conducting an impartial scientific https://www.regulations.gov and enter commercial information in a petition review would conclude that the action NOAA–NMFS–2021–0028 in the Search indicates the petitioned action may be proposed in the petition may be box. Click on the ‘‘Comment’’ icon, warranted (a ‘‘positive 90-day finding’’), warranted. Conclusions drawn in the complete the required fields, and enter we are required to promptly commence petition without the support of credible or attach your comments. a review of the status of the species scientific or commercial information Instructions: Comments sent by any concerned during which we will will not be considered ‘‘substantial other method, to any other address or conduct a comprehensive review of the information.’’ In reaching the initial (90- individual, or received after the end of best available scientific and commercial day) finding on the petition, we will the comment period, may not be information. In such cases, we conclude consider the information described in considered by NMFS. All comments the review with a finding as to whether, sections 50 CFR 424.14(c), (d), and (g) received are a part of the public record in fact, the petitioned action is (if applicable). and will generally be posted for public warranted within 12 months of receipt Our determination as to whether the viewing on www.regulations.gov of the petition. Because the finding at petition provides substantial scientific without change. All personal identifying the 12-month stage is based on a more or commercial information indicating information (e.g., name, address, etc.), thorough review of the available that the petitioned action may be confidential business information, or information, as compared to the narrow warranted will depend in part on the otherwise sensitive information scope of review at the 90-day stage, a degree to which the petition includes submitted voluntarily by the sender will ‘‘may be warranted’’ finding does not the following types of information: (1) be publicly accessible. NMFS will prejudge the outcome of the status Information on current population accept anonymous comments (enter review. status and trends and estimates of ‘‘N/A’’ in the required fields if you wish Under the ESA, a listing current population sizes and to remain anonymous). determination may address a species, distributions, both in captivity and the Interested persons may obtain a copy which is defined to also include wild, if available; (2) identification of of the petition online at the NMFS subspecies and, for any vertebrate the factors under section 4(a)(1) of the website: https://www.fisheries.noaa.gov/ species, any distinct population ESA that may affect the species and national/endangered-species- segment (DPS) that interbreeds when where these factors are acting upon the conservation/petitions-awaiting-90-day- mature (16 U.S.C. 1532(16)). A joint species; (3) whether and to what extent findings. NMFS–U.S. Fish and Wildlife Service any or all of the factors alone or in (USFWS) (jointly, ‘‘the Services’’) policy combination identified in section 4(a)(1) FOR FURTHER INFORMATION CONTACT: clarifies the agencies’ interpretation of of the ESA may cause the species to be Adrienne Lohe, NMFS Office of the phrase ‘‘distinct population an endangered species or threatened Protected Resources, (301) 427–8442, segment’’ for the purposes of listing, species (i.e., the species is currently in [email protected]. delisting, and reclassifying a species danger of extinction or is likely to SUPPLEMENTARY INFORMATION: under the ESA (61 FR 4722; February 7, become so within the foreseeable VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19865 future), and, if so, how high in evaluating the petition. We will accept impacts and threats identified in section magnitude and how imminent the the petitioners’ sources and 4(a)(1) of the ESA. threats to the species and its habitat are; characterizations of the information Information presented on impacts or (4) information on adequacy of presented if they appear to be based on threats should be specific to the species regulatory protections and effectiveness accepted scientific principles, unless we and should reasonably suggest that one of conservation activities by States as have specific information in our files or more of these factors may be well as other parties, that have been that indicates the petition’s information operative threats that act or have acted initiated or that are ongoing, that may is incorrect, unreliable, obsolete, or on the species to the point that it may protect the species or its habitat; and (5) otherwise irrelevant to the requested warrant protection under the ESA.
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