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Federal Register/Vol. 86, No. 120/Friday, June 25, 2021

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Federal Register/Vol. 86, No. 120/Friday, June 25, 2021 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Proposed Rules 33613 DEPARTMENT OF THE INTERIOR enter the Docket Number for this one of the methods listed in ADDRESSES. rulemaking: FWS–R2–ES–2020–0123. You must submit comments to http:// Fish and Wildlife Service Then, in the Search panel on the left www.regulations.gov before 11:59 p.m. side of the screen, under the Document (Eastern Time) on the date specified in 50 CFR Part 17 Type heading, click on the Proposed DATES. We will not consider hardcopy [Docket No. FWS–R2–ES–2020–0123; Rules link to locate this document. You comments not postmarked by the date FXES11130200000–212–FF02ENEH00] may submit a comment by clicking on specified in DATES. ‘‘Comment Now!’’ We will post your entire comment— RIN 2018–BD61 By hard copy: Submit by U.S. mail to: including your personal identifying Public Comments Processing, Attn: information—on http:// Endangered and Threatened Wildlife FWS–R2–ES–2020–0123, U.S. Fish and www.regulations.gov. If you provide and Plants; Revision of a Nonessential Wildlife Service, MS: PRB/3W, 5275 personal identifying information in your Experimental Population of Black- Leesburg Pike, Falls Church, VA 22041– comment, you may request at the top of Footed Ferrets (Mustela nigripes) in 3803. your document that we withhold this the Southwest We will post all comments on http:// information from public review. AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally However, we cannot guarantee that we Interior. means that we will post any personal will be able to do so. ACTION: Proposed rule; announcement of information you provide us (see ‘‘Public The comments we receive and any a draft environmental assessment. Comments’’ below for more supporting documentation we used in information). preparing this proposal will be available SUMMARY: We, the U.S. Fish and Copies of Documents: The proposed for public inspection at http:// Wildlife Service (Service and USFWS), rule, draft EA, and supporting www.regulations.gov, or by propose to revise the regulation for the documents are available at the following appointment, during normal business nonessential experimental population of website: http://www.regulations.gov in hours at the U.S. Fish and Wildlife the black-footed ferret (Mustela nigripes) Docket No. FWS–R2–ES–2020–0123. Service, Arizona Ecological Services (ferret) in Arizona. We established the Persons who use a telecommunications Office (see FOR FURTHER INFORMATION Aubrey Valley Experimental Population device for the deaf (TDD) may call the CONTACT). Area (AVEPA) in 1996 in accordance Federal Relay Service (FRS) at 1–800– We specifically seek comments on: with section 10(j) of the Endangered 877–8339. • The appropriateness of revising the Species Act of 1973, as amended (ESA). FOR FURTHER INFORMATION CONTACT: Jeff current AVEPA, and establishing new This proposed rule would allow the Humphrey, Field Supervisor, Phone: boundaries for the nonessential reintroduction of ferrets across a larger 602–242–0210. Direct all questions or experimental population area to landscape as part of a nonessential requests for additional information to: encompass all potential ferret habitat experimental population and include BLACK-FOOTED FERRET QUESTIONS, within Arizona and identified Tribal the AVEPA within a larger ‘‘Southwest U.S. Fish and Wildlife Service, Arizona lands in New Mexico and Utah, for Experimental Population Area’’ Ecological Services Office, 9828 North reintroduced populations of black- (SWEPA), which includes parts of 31st Avenue, Suite C3, Phoenix, AZ footed ferrets; Arizona and identified contiguous 85051. Individuals who are hearing- • Threats to ferrets in the proposed Tribal land in New Mexico and Utah. impaired or speech-impaired may call nonessential experimental population This proposed revision provides a the FRS at 1–800–877–8337 for TTY area that we have not considered in this framework for establishing and assistance. revision that might affect a reintroduced managing reintroduced populations of population; SUPPLEMENTARY INFORMATION: ferrets that will allow greater • The suitability of the proposed management flexibility and increased Public Comments boundaries for this nonessential landowner cooperation. The best experimental population; We want to ensure that any final rule • available data indicate that developed from this proposed revision The effects of reintroducing ferrets reintroduction of the ferret into suitable to the 1996 rule is as effective as on public, private, and Tribal lands and habitat in the proposed SWEPA is possible. Therefore, we invite Tribal and activities such as ranching, recreation, biologically feasible and will promote other governmental agencies, the residential development, and other land the conservation of the species. We are uses; and scientific community, industry, and • seeking comments on this proposal and other interested parties to submit The compatibility of this proposal on our draft environmental assessment comments (including recommendations with ongoing implementation of the (EA) that analyzes the potential and information) concerning any aspect programmatic ferret Safe Harbor environmental impacts associated with of this proposed revision. Your Agreement (SHA) in cooperation with the proposed regulatory revisions. comments should be as specific as non-Federal landowners. DATES: We will accept comments possible. Background received or postmarked on or before To issue a final rule implementing August 24, 2021. If you are using the this revision, we will take into Statutory and Regulatory Framework Federal eRulemaking Portal (see consideration all comments and The 1982 amendments to the ESA (16 ADDRESSES), the deadline for submitting information we receive. Such U.S.C. 1531 et seq.) included the an electronic comment is 11:59 p.m. communications may lead to a final rule addition of section 10(j) that allows for Eastern Time on this date. that differs from this proposed revision. the designation of reintroduced ADDRESSES: You may submit comments All comments, including commenters’ populations of listed species as on the proposed rule and draft EA by names and addresses, if provided to us, ‘‘experimental populations.’’ Our one of the following methods: will become part of the supporting implementing regulations for section Electronically: Go to the Federal record. 10(j) are in title 50 of the Code of eRulemaking Portal: http:// You may submit your comments Federal Regulations in part 17 www.regulations.gov. In the Search box, concerning the proposed revision by (specifically at 50 CFR 17.81); hereafter, VerDate Sep<11>2014 16:54 Jun 24, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1 lotter on DSK11XQN23PROD with PROPOSALS1 33614 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Proposed Rules we refer to species-specific rules under Population Essential or Nonessential?’’ and consultation requirements per section 10(j) of the ESA as ‘‘10(j) rules.’’ below); subsections 7(a)(1) and 7(a)(2), These regulations state that the Service (3) management restrictions, respectively. We treat nonessential may designate a population of protective measures, or other special experimental populations outside of a endangered or threatened species that management concerns of that National Wildlife Refuge or NPS unit as we have released or will release into population, which may include but are species proposed for listing, and suitable natural habitat outside the not limited to, measures to isolate and/ agencies only follow subsections 7(a)(1) species’ current natural range, but or contain the experimental population and 7(a)(4). In these cases, nonessential within its probable historical range, as designated in the regulation from experimental population designation an experimental population. natural populations (see ‘‘Management provides additional flexibility, because Under 50 CFR 17.81(b), before Restrictions, Protective Measures, and it does not require Federal agencies to authorizing the release as an Other Special Management’’ below); and consult under section 7(a)(2). Instead, experimental population of any (4) a process for periodic review and section 7(a)(4) requires Federal agencies population of an endangered or evaluation of the success or failure of to confer (not consult) with the Service threatened species, the Service must the release and the effect of the release on actions that are likely to jeopardize find by regulation that such release will on the conservation and recovery of the the continued existence of a species further the conservation of the species. species (see ‘‘Review and Evaluation of proposed to be listed. A conference In making such a finding, the Service the Success or Failure of the SWEPA’’ results in conservation shall use the best scientific and below). recommendations, which are commercial data available to consider: Under 50 CFR 17.81(d), the Service discretionary. Because the nonessential shall consult with appropriate State fish (1) Any possible adverse effects on experimental population is, by and wildlife agencies, local extant populations of a species as a definition, not essential to the governmental entities [including Tribal result of removal of individuals, eggs, or continued existence of the species, the governments], affected Federal agencies, propagules for introduction elsewhere effects of proposed actions on the and affected private landowners in (see ‘‘Possible Adverse Effects on Wild population
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