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Federal Register/Vol. 86, No. 103/Tuesday, June 1, 2021

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Federal Register/Vol. 86, No. 103/Tuesday, June 1, 2021 29432 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules DEPARTMENT OF THE INTERIOR hearing from 6:30 p.m. to 8:30 p.m., critical habitat can only be completed Central Time, on July 8, 2021. We will by issuing a rule. Fish and Wildlife Service hold a second public informational What this document does. We session from 5 p.m. to 6 p.m., Central propose the listing of the Northern DPS 50 CFR Part 17 Time, followed by a public hearing from of the lesser prairie-chicken as a threatened species with a rule under [Docket No. FWS–R2–ES–2021–0015; 6:30 p.m. to 8:30 p.m., Central Time, on FF09E21000 FXES11110900000 212] July 14, 2021. section 4(d) of the Act and the Southern ADDRESSES: You may submit comments DPS of the lesser prairie-chicken as an RIN 1018–BB27 by one of the following methods: endangered species under the Act. The basis for our action. Under the Endangered and Threatened Wildlife (1) Electronically: Go to the Federal eRulemaking Portal: http:// Act, we may determine that a species is and Plants; Lesser Prairie-Chicken; an endangered or threatened species Threatened Status With Section 4(d) www.regulations.gov. In the Search box, enter FWS–R2–ES–2021–0015, which is because of any of five factors: (A) The Rule for the Northern Distinct present or threatened destruction, Population Segment and Endangered the docket number for this rulemaking. Then, click on the Search button. On the modification, or curtailment of its Status for the Southern Distinct habitat or range; (B) overutilization for Population Segment resulting page, in the Search panel on the left side of the screen, under the commercial, recreational, scientific, or AGENCY: Fish and Wildlife Service, Document Type heading, check the educational purposes; (C) disease or Interior. Proposed Rule box to locate this predation; (D) the inadequacy of existing regulatory mechanisms; or (E) document. You may submit a comment ACTION: Proposed rule. other natural or manmade factors by clicking on ‘‘Comment Now!’’ SUMMARY: We, the U.S. Fish and (2) By hard copy: Submit by U.S. mail affecting its continued existence. We Wildlife Service (Service), propose to to: Public Comments Processing, Attn: make these determinations solely on the basis of the best scientific and list two Distinct Population Segments FWS–R2–ES–2021–0015, U.S. Fish and commercial data available after (DPSs) of the lesser prairie-chicken Wildlife Service, MS: PRB/3W, 5275 conducting a review of the status of the (Tympanuchus pallidicinctus), a Leesburg Pike, Falls Church, VA 22041– species and after taking into account grassland bird known from southeastern 3803. those efforts being made to protect the Colorado, western Kansas, eastern New We request that you send comments species. Mexico, western Oklahoma, and the only by the methods described above. We have determined that both the Texas Panhandle under the Endangered We will post all comments on http:// northern and southern parts of the lesser Species Act of 1973, as amended (Act). www.regulations.gov. This generally prairie-chicken’s range are discrete and This determination also serves as our means that we will post any personal significant under our DPS Policy and 12-month finding on a petition to list information you provide us (see are, therefore, listable entities under the the lesser prairie-chicken. After a review Information Requested, below, for more Act. The Southern DPS consists of the of the best available scientific and information). Shinnery Oak Ecoregion in New Mexico commercial information, we find that Public informational meeting and and Texas, and the Northern DPS listing the Southern DPS as endangered public hearing: The public consists of the Sand Sagebrush is warranted, and that listing the informational meetings and the public Ecoregion, the Mixed Grass Ecoregion, Northern DPS as threatened is hearings will be held virtually using the and the Short Grass/Conservation warranted. Accordingly, we propose to Zoom platform. See Public Hearing, Reserve Program (CRP) Ecoregion in list the Southern DPS as an endangered below, for more information. Texas, Oklahoma, Colorado, and species under the Act and the Northern FOR FURTHER INFORMATION CONTACT: Kansas. These two DPSs together DPS as a threatened species with a rule Debra Bills, Field Supervisor, Arlington encompass the entirety of the lesser issued under section 4(d) of the Act Ecological Services Field Office, 2005 prairie-chicken’s range. The primary (‘‘4(d) rule’’). If we finalize this rule as NE Green Oaks Blvd., Suite 140, threat impacting both DPSs is the proposed, it will add these two DPSs to Arlington, TX 76006; telephone 817– ongoing loss of large, connected blocks the List of Endangered and Threatened 277–1129. Persons who use a of grassland and shrubland habitat. The Wildlife and extend the Act’s telecommunications device for the deaf Southern DPS has low resiliency, protections to them. We also are (TDD) may call the Federal Relay redundancy, and representation and is notifying the public that we have Service at 800–877–8339. particularly vulnerable to severe scheduled informational meetings SUPPLEMENTARY INFORMATION: droughts due to being located in the followed by public hearings on the dryer and hotter southwestern portion proposed rule. Executive Summary of the range. Because the Southern DPS DATES: We will accept comments Why we need to publish a rule. Under is currently at risk of extinction, we received or postmarked on or before the Act, if we determine that a species propose to list it as endangered. August 2, 2021. Comments submitted is an endangered or threatened species In the Northern DPS, as a result of electronically using the Federal throughout all or a significant portion of habitat loss and fragmentation, eRulemaking Portal (see ADDRESSES, its range, we are required to promptly resiliency has been much reduced below) must be received by 11:59 p.m. publish a proposal in the Federal across two of the ecoregions in the Eastern Time on the closing date. We Register and make a determination on Northern DPS when compared to must receive requests for a public our proposal within 1 year. To the historical conditions. However, this DPS hearing, in writing, at the address maximum extent prudent and still has redundancy across the three shown in FOR FURTHER INFORMATION determinable, we must designate critical ecoregions and genetic and CONTACT by July 16, 2021. habitat for any species that we environmental representation. We Public informational meeting and determine to be an endangered or expect habitat loss and fragmentation public hearing: We will hold a public threatened species under the Act. across the Northern DPS to continue informational session from 5 p.m. to 6 Listing a species as an endangered or into the foreseeable future, resulting in p.m., Central Time, followed by a public threatened species and designation of even further reduced resiliency. Because VerDate Sep<11>2014 20:04 May 28, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP3.SGM 01JNP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29433 the Northern DPS is at risk of extinction (5) Information on regulations that are Please note that submissions merely in the foreseeable future, we propose to necessary and advisable to provide for stating support for, or opposition to, the list it as threatened. the conservation of the Northern DPS of action under consideration without Peer review. In accordance with our the lesser prairie-chicken and that the providing supporting information, joint policy on peer review published in Service can consider in developing a although noted, will not be considered the Federal Register on July 1, 1994 (59 4(d) rule for the DPS. In particular, in making a determination, as section FR 34270), and our August 22, 2016, information concerning the extent to 4(b)(1)(A) of the Act directs that memorandum updating and clarifying which we should include any of the determinations as to whether any the role of peer review of listing actions prohibitions associated with section 9 in species is an endangered or a threatened under the Act, we sought the expert the 4(d) rule or whether any other forms species must be made ‘‘solely on the opinions of 6 appropriate specialists of take should be excepted from the basis of the best scientific and regarding the species status assessment prohibitions in the 4(d) rule. commercial data available.’’ (SSA) report. We received responses (6) Information on whether an You may submit your comments and from 4 specialists, which informed the exception from the prohibitions materials concerning this proposed rule proposed listing rule. The purpose of associated with section 9 should be by one of the methods listed in peer review is to ensure that our listing included in the 4(d) rule for the ADDRESSES. We request that you send determinations and 4(d) rules are based Northern DPS for industry and/or comments only by the methods on scientifically sound data, landowner participants who are described in ADDRESSES. assumptions, and analyses. The peer enrolled in and operating in compliance If you submit information via http:// reviewers have expertise in the biology, with the mitigation framework included www.regulations.gov, your entire habitat, and threats to the species. in the Range-Wide Conservation Plan submission—including any personal for the Lesser Prairie-Chicken being identifying information—will be posted Information Requested administered by the Western on the website. If your submission is We intend that any final action Association of Fish and Wildlife made via a hardcopy that includes resulting from this proposed rule will be Agencies but who do not have personal identifying information, you based on the best scientific and incidental take coverage via the may request at the top of your document commercial data available and be as companion Candidate Conservation that we withhold this information from accurate and as effective as possible.
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