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Designation of Critical Habitat for the Gulf of Maine, New York Bight, And

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Designation of Critical Habitat for the Gulf of Maine, New York Bight, And Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 35701 the Act, including the factors identified Recovery and State Grants, Ecological Public hearings and public in this finding and explanation (see Services Program, U.S. Fish and information meetings: We will hold two Request for Information, above). Wildlife Service. public hearings and two public informational meetings on this proposed Conclusion Authority rule. We will hold a public On the basis of our evaluation of the The authority for these actions is the informational meeting from 2 to 4 p.m., information presented under section Endangered Species Act of 1973, as in Annapolis, Maryland on Wednesday, 4(b)(3)(A) of the Act, we have amended (16 U.S.C. 1531 et seq.). July 13 (see ADDRESSES). A second determined that the petition to remove Dated: May 25, 2016. public informational meeting will be the golden-cheeked warbler from the Stephen Guertin, held from 3 to 5 p.m., in Portland, List of Endangered and Threatened Maine on Monday, July 18 (see Wildlife does not present substantial Acting Director, U.S. Fish and Wildlife Service. ADDRESSES). We will hold two public scientific or commercial information [FR Doc. 2016–13120 Filed 6–2–16; 8:45 am] hearings, from 3 to 5 p.m. and 6 to 8 indicating that the requested action may p.m., in Gloucester, Massachusetts on BILLING CODE 4333–15–P be warranted. Therefore, we are not Thursday, July 21 (see ADDRESSES). initiating a status review for this ADDRESSES: You may submit comments, species. DEPARTMENT OF COMMERCE identified by the NOAA–NMFS–2015– We have further determined that the 0107, by either of the following petition to list the U.S. population of National Oceanic and Atmospheric methods: northwestern moose (Alces alces Administration • Electronic Submissions: Submit all andersoni) as an endangered or electronic public comments via the threatened DPS presents substantial 50 CFR Part 226 Federal eRulemaking Portal. Go to scientific or commercial information www.regulations.gov/ indicating that the requested action may [Docket No. 150818735–6236–01] #!docketDetail;D=NOAA-NMFS-2015- be warranted. Because we have found RIN 0648–BF28 0107, Click the ‘‘Comment Now!’’ icon, that the petition presents substantial complete the required fields, and enter information indicating that the Endangered and Threatened Species; or attach your comments. petitioned action may be warranted, we Designation of Critical Habitat for the • Mail: Kimberly B. Damon-Randall, are initiating a status review to Gulf of Maine, New York Bight, and Assistant Regional Administrator, determine whether this action under the Chesapeake Bay Distinct Population Protected Resources Division, NMFS, Act is warranted. At the conclusion of Segments of Atlantic Sturgeon Greater Atlantic Regional Office, 55 the status review, we will issue a 12- AGENCY Great Republic Drive, Gloucester, MA month finding in accordance with : National Marine Fisheries 01930. section 4(b)(3)(B) of the Act, as to Service (NMFS), National Oceanic and Instructions: Comments sent by any whether or not the Service believes the Atmospheric Administration (NOAA), other method, to any other address or petitioned action is warranted. Commerce. It is important to note that the ACTION: Proposed rule; request for individual, or received after the end of ‘‘substantial information’’ standard for a comments. the comment period, may not be 90-day finding differs from the Act’s considered by us. All comments SUMMARY: We, the National Marine ‘‘best scientific and commercial data’’ received are a part of the public record Fisheries Service (NMFS), propose to standard that applies to a status review and will generally be posted for public designate critical habitat for the Gulf of to determine whether a petitioned viewing on www.regulations.gov Maine, New York Bight, and action is warranted. A 90-day finding without change. All personal identifying Chesapeake Bay Distinct Population does not constitute a status review information (e.g., name, address, etc.), Segments (DPSs) of Atlantic sturgeon under the Act. In a 12-month finding, confidential business information, or (Acipenser oxyrinchus oxyrinchus). The we will determine whether a petitioned otherwise sensitive information specific areas proposed for designation action is warranted after we have submitted voluntarily by the sender will include approximately 244 kilometers completed a thorough status review of be publicly accessible. We will accept (152 miles) of aquatic habitat in rivers the species, which is conducted anonymous comments (enter ‘‘N/A’’ in in Maine, New Hampshire, and following a substantial 90-day finding. the required fields if you wish to remain Massachusetts for the Gulf of Maine Because the Act’s standards for 90-day anonymous). DPS, approximately 547 kilometers (340 and 12-month findings are different, as Public informational meetings and miles) of aquatic habitat in rivers in described above, a substantial 90-day public hearings: The July 13, 2016, Connecticut, Massachusetts, New York, finding does not mean that the 12- public informational meeting will be New Jersey, Pennsylvania, and Delaware month finding will result in a finding held at the Environmental Protection for the New York Bight DPS, and that the petitioned action is warranted. Agency, Information and Conference approximately 729 kilometers (453 Center, 410 Severn Avenue, Annapolis, References Cited miles) of aquatic habitat in rivers in MD 21403. The July 18, 2016, public A complete list of references cited is Maryland, Virginia, and the District of informational meeting will be held at available for each species addressed in Columbia for the Chesapeake Bay DPS the Gulf of Maine Research Institute, this document on the Internet at http:// of Atlantic sturgeon. We are soliciting Cohen Center, 350 Commercial Street, www.regulations.gov and upon request comments from the public on all aspects Portland, Maine 04101. The July 21, from the appropriate person listed of the proposal, including information 2016, public hearings will be held at the under FOR FURTHER INFORMATION on the economic, national security, and NMFS, Greater Atlantic Region CONTACT, above. other relevant impacts of the proposed Fisheries Office, 55 Great Republic designations, as well as the benefits to Drive, Gloucester, MA 01930. People Authors the DPSs. needing reasonable accommodations in The primary authors of this document DATES: Comments on this proposed rule order to attend and participate or who are the staff members of the Branch of must be received by September 1, 2016. have questions about the public VerDate Sep<11>2014 21:06 Jun 02, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\03JNP1.SGM 03JNP1 mstockstill on DSK3G9T082PROD with PROPOSALS 35702 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules hearings should contact Lynn within the 50 meter depth contour) to such areas as critical habitat will result Lankshear, NMFS, Greater Atlantic and from estuarine areas, we could not in the extinction of the species. Finally, Region Fisheries Office (GARFO), as identify what the specific features are of section 4(a)(3)(B) prohibits designating soon as possible (see FOR FURTHER these habitats that make them important as critical habitat any lands or other INFORMATION CONTACT). to sturgeon and that may require special geographical areas owned or controlled FOR FURTHER INFORMATION CONTACT: management. by the Department of Defense or designated for its use, that are subject to Lynn Lankshear, NMFS, GARFO at 978– Background 282–8473; Julie Crocker, NMFS, GARFO an Integrated Natural Resources at 978–282–8480; or Lisa Manning, Under section 4 of the ESA, critical Management Plan (INRMP) prepared NMFS, Office of Protected Resources at habitat shall be specified to the under section 101 of the Sikes Act (16 301–427–8466. maximum extent prudent and U.S.C. 670a), if the Secretary determines determinable at the time a species is SUPPLEMENTARY INFORMATION: in writing that such plan provides a In listed as threatened or endangered (16 accordance with section 4(b)(2) of the conservation benefit to the species, and U.S.C. 1533(b)(6)(C)). We concluded its habitat, for which critical habitat is ESA (16 U.S.C. 1533(b)(2)) and our that critical habitat was not implementing regulations (50 CFR proposed for designation. Although not determinable for the Gulf of Maine, New expressly stated in section 4(b)(2), our 424.12), this proposed rule is based on York Bight, and Chesapeake Bay DPSs the best scientific information available regulations clarify that critical habitat when we published the final listing rule shall not be designated within foreign concerning the range, biology, habitat, (77 FR 5880, February 6, 2012). and threats to the habitat for the Gulf of countries or in other areas outside of However, we anticipated that critical United States jurisdiction (50 CFR Maine, New York Bight, and habitat would be determinable in the 424.12(g)). Chesapeake Bay DPSs of Atlantic future, given on-going research. We, Once critical habitat is designated, sturgeon. We have reviewed the therefore, announced in the final rule section 7(a)(2) of the ESA requires information (e.g., provided in reports, that we would propose critical habitat Federal agencies to ensure that any peer-reviewed literature, and technical for each DPS in a separate rulemaking. action they fund, authorize or carry out documents) and have used it to identify Section 3(5)(A) of the ESA defines
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