61460 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Proposed Rules DEPARTMENT OF THE INTERIOR resulting page, in the Search panel on • Proposes to list Wright’s marsh the left side of the screen, under the thistle as a threatened species. Wright’s Fish and Wildlife Service Document Type heading, click on the marsh thistle is a candidate species for Proposed Rule box to locate this which we have on file sufficient 50 CFR Part 17 document. You may submit a comment information on biological vulnerability [Docket No. FWS–R2–ES–2018–0071; by clicking on ‘‘Comment Now!’’ and threats to support preparation of a FF09E21000 FXES11110900000 201] (2) By hard copy: Submit by U.S. mail listing proposal, but for which to: Public Comments Processing, Attn: development of a listing rule has been RIN 1018–BC34 FWS–R2–ES–2018–0071; U.S. Fish and precluded by other higher priority Wildlife Service, MS: JAO/1N, 5275 listing activities. This proposed rule Endangered and Threatened Wildlife Leesburg Pike, Falls Church, VA 22041– reassesses all available information and Plants; Threatened Species Status 3803. regarding the status of and threats to for the Wright’s Marsh Thistle (Cirsium We request that you send comments this species. wrightii) With a 4(d) Rule and only by the methods described above. • Proposes a rule issued under Designation of Critical Habitat We will post all comments on http:// section 4(d) of the Act (‘‘4(d) rule’’) that AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally would make it unlawful to remove and Interior. means that we will post any personal reduce to possession the species from areas under Federal jurisdiction; ACTION: Proposed rule. information you provide us (see Information Requested, below, for more maliciously damage or destroy the SUMMARY: We, the U.S. Fish and information). species on areas under Federal Wildlife Service (Service), propose to Availability of supporting materials: jurisdiction; or remove, cut, dig up, or list the Wright’s marsh thistle (Cirsium For the critical habitat designation, the damage or destroy the species on any wrightii), a plant species from New coordinates or plot points or both from other area in knowing violation of any Mexico, as a threatened species and which the maps are generated are law or regulation of any State or in the designate critical habitat under the included in the administrative record course of any violation of a State Endangered Species Act of 1973, as and are available at the New Mexico criminal trespass law. Nothing in the amended (Act). After a review of the Ecological Services website https:// proposed 4(d) rule affects in any way best available scientific and commercial www.fws.gov/southwest/es/NewMexico/ other provisions of the Act, such as the information, we find that listing the index.cfm and at http:// designation of critical habitat under species is warranted. Accordingly, we www.regulations.gov under Docket No. section 4, the recovery planning propose to list the Wright’s marsh FWS–R2–ES–2018–0071. Any provisions of section 4(f), and the thistle as a threatened species with a additional tools or supporting consultation requirements under section 7. rule issued under section 4(d) of the Act information that we may develop for the • (‘‘4(d) rule’’). If we finalize this rule as critical habitat designation will also be Proposes to designate critical proposed, it would add this species to available at the Service website set out habitat for the species on approximately the List of Endangered and Threatened above, and may also be included in the 64.3 ha (159 ac) in Chaves, Eddy, Plants and extend the Act’s protections preamble and/or at http:// Guadalupe, Otero, and Socorro to the species. We also propose to www.regulations.gov. Counties, New Mexico. The basis for our action. Under the designate critical habitat for Wright’s FOR FURTHER INFORMATION CONTACT: Act, we can determine that a species is marsh thistle under the Act. The Shawn Sartorius, Field Supervisor, New an endangered or threatened species proposed critical habitat totals Mexico Ecological Services Field Office, based on any of five factors: (A) The approximately 64.3 hectares (ha) (159 2105 Osuna Rd. NE, Albuquerque, NM present or threatened destruction, acres (ac)) in Chaves, Eddy, Guadalupe, 87113; telephone 505–346–2525; modification, or curtailment of its Otero, and Socorro Counties, New facsimile 505–346–2542. Persons who habitat or range; (B) overutilization for Mexico. We also announce the use a telecommunications device for the commercial, recreational, scientific, or availability of a draft economic analysis deaf (TDD) may call the Federal Relay educational purposes; (C) disease or of the proposed designation of critical Service at 800–877–8339. predation; (D) the inadequacy of habitat for Wright’s marsh thistle. SUPPLEMENTARY INFORMATION: existing regulatory mechanisms; or (E) DATES: We will accept comments other natural or manmade factors received or postmarked on or before Executive Summary affecting its continued existence. We November 30, 2020. Comments Why we need to publish a rule. Under have determined that stressors related to submitted electronically using the the Act, if a species is determined to be Factors A and E are causing Wright’s Federal eRulemaking Portal (see an endangered or threatened species marsh thistle to be threatened. ADDRESSES, below) must be received by throughout all or a significant portion of Section 4(a)(3) of the Act requires the 11:59 p.m. Eastern Time on the closing its range, we are required to promptly Secretary of the Interior (Secretary) to date. We must receive requests for publish a proposal in the Federal designate critical habitat concurrent public hearings, in writing, at the Register and make a determination on with listing to the maximum extent address shown in FOR FURTHER our proposal within 1 year. Critical prudent and determinable. Section INFORMATION CONTACT by November 13, habitat shall be designated, to the 4(b)(2) of the Act states that the 2020. maximum extent prudent and Secretary must make the designation on ADDRESSES: You may submit comments determinable, for any species the basis of the best scientific data by one of the following methods: determined to be an endangered or available and after taking into (1) Electronically: Go to the Federal threatened species under the Act. consideration the economic impact, the eRulemaking Portal: http:// Listing a species as an endangered or impact on national security, and any www.regulations.gov. In the Search box, threatened species and designations and other relevant impacts of specifying any enter FWS–R2–ES–2018–0071, which is revisions of critical habitat can only be particular area as critical habitat. the docket number for this rulemaking. completed by issuing a rule. Section 3(5)(A) of the Act defines Then, click on the Search button. On the What this document does. critical habitat as (i) the specific areas VerDate Sep<11>2014 20:44 Sep 28, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29SEP3.SGM 29SEP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Proposed Rules 61461 within the geographical area occupied commercial data available and be as curtailment of a species’ habitat or range by the species, at the time it is listed, accurate and as effective as possible. is not a threat to the species, or threats on which are found those physical or Therefore, we request comments or to the species’ habitat stem solely from biological features (I) essential to the information from other concerned causes that cannot be addressed through conservation of the species and (II) governmental agencies, Native management actions resulting from which may require special management American tribes, the scientific consultations under section 7(a)(2) of considerations or protections; and (ii) community, industry, or any other the Act; specific areas outside the geographical interested parties concerning this (c) Areas within the jurisdiction of the area occupied by the species at the time proposed rule. We particularly seek United States provide no more than it is listed, upon a determination by the comments concerning: negligible conservation value, if any, for Secretary that such areas are essential (1) Wright’s marsh thistle’s biology, a species occurring primarily outside for the conservation of the species. range, and population trends, including: the jurisdiction of the United States; Peer review. In accordance with our (a) Biological or ecological (d) No areas meet the definition of joint policy on peer review published in requirements of the species, including critical habitat. the Federal Register on July 1, 1994 (59 habitat requirements for all life cycle (7) Specific information on: FR 34270), and our August 22, 2016, stages, seed production and dispersal, (a) The amount and distribution of memorandum updating and clarifying and seed germination and growth; Wright’s marsh thistle habitat; the role of peer review of listing actions (b) Genetics and taxonomy; (b) What areas, that were occupied at under the Act, we sought the expert (c) Historical and current range, the time of listing and that contain the opinions of three appropriate and including distribution patterns; physical or biological features essential independent specialists during the (d) Historical and current population to the conservation of the species, analysis of the status of the species and levels, and current and projected trends; should be included in the critical the creation of the SSA report (USFWS and habitat designation and why; 2017). The purpose of peer review was (e) Past and ongoing conservation (c) Special management to ensure that our listing determination measures for the species, its habitat, or considerations or protections that may and critical habitat designation are both.