Federal Register/Vol. 86, No. 118/Wednesday, June 23, 2021
Total Page:16
File Type:pdf, Size:1020Kb
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Proposed Rules 32859 Reasonable Accommodation DEPARTMENT OF THE INTERIOR Leesburg Pike, Falls Church, VA 22041– 3803. The Service is committed to providing Fish and Wildlife Service We request that you send comments access to the public informational only by the methods described above. meeting and public hearing for all 50 CFR Part 17 We will post all comments on http:// participants. Closed captioning will be [Docket No. FWS–R1–ES–2020–0082; www.regulations.gov. This generally available during the public FF09E22000 FXES11130900000 212] means that we will post any personal informational meeting and public information you provide us (see Public hearing. Further, a full audio and video RIN 1018–BD97 Comments, below, for more recording and transcript of the public information). Endangered and Threatened Wildlife hearing will be posted online at https:// Document availability: This proposed and Plants; Reclassifying the Fender’s www.fws.gov/pacificislands after the rule and supporting documents, Blue Butterfly From Endangered to hearing. Participants will also have including the 5-year review, the Threatened With a Section 4(d) Rule access to live audio during the public Recovery Plan, and the species status informational meeting and public AGENCY: Fish and Wildlife Service, assessment (SSA) report are available at hearing via their telephone or computer Interior. https://www.fws.gov/oregonfwo and at speakers. Persons with disabilities ACTION: Proposed rule. http://www.regulations.gov under requiring reasonable accommodations to Docket No. FWS–R1–ES–2020–0082. participate in the meeting and/or SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Paul hearing should contact the person listed Wildlife Service (Service), propose to Henson, State Supervisor, U.S. Fish and under FOR FURTHER INFORMATION reclassify the Fender’s blue butterfly Wildlife Service, Oregon Fish and CONTACT at least 5 business days prior (Icaricia icarioides fenderi) from Wildlife Office, 2600 SE 98th Avenue, to the date of the meeting and hearing endangered to threatened (downlist) Suite 100, Portland, OR 97266; to help ensure availability. An under the Endangered Species Act of telephone 503–231–6179. If you use a accessible version of the Service’s 1973, as amended (Act). The Fender’s telecommunications device for the deaf public informational meeting blue butterfly is endemic to the (TDD), call the Federal Relay Service at presentation will also be posted online Willamette Valley of Oregon. The 800–877–8339. at https://www.fws.gov/pacificislands proposed downlisting is based on our SUPPLEMENTARY INFORMATION: prior to the meeting and hearing (see evaluation of the best available Executive Summary DATES, above). See https://www.fws.gov/ scientific and commercial information, pacificislands for more information which indicates that the species’ status Why we need to publish a rule. Under about reasonable accommodation. has improved such that it is not the Act a species may warrant currently in danger of extinction reclassification from endangered to Authors throughout all or a significant portion of threatened if it no longer meets the its range, but that it is still likely to definition of endangered (in danger of The primary author of this document become so in the foreseeable future. We is Ecological Services staff of the extinction). The Fender’s blue butterfly also propose a rule under section 4(d) of is listed as endangered, and we are Interior-Region 9/12 Regional Office, the Act that provides for the U.S. Fish and Wildlife Service, proposing to reclassify (downlist) the conservation of the species. Fender’s blue butterfly as threatened Portland, Oregon. DATES: We will accept comments because we have determined it is not Authority received or postmarked on or before currently in danger of extinction. August 23, 2021. Comments submitted Downlisting a species as a threatened The authority for this action is the electronically using the Federal species can only be made by issuing a Endangered Species Act of 1973, as eRulemaking Portal (see ADDRESSES, rulemaking. amended (16 U.S.C. 1531 et seq.). below) must be received by 11:59 p.m. What this document does. This rule Eastern Time on the closing date. We Signing Authority proposes to downlist the Fender’s blue must receive requests for public butterfly from endangered to threatened The Director, U.S. Fish and Wildlife hearings, in writing, at the address (i.e., to ‘‘downlist’’ the species), with a Service, approved this document and shown in FOR FURTHER INFORMATION rule issued under section 4(d) of the authorized the undersigned to sign and CONTACT by August 9, 2021. Act, based on the species’ current status, submit the document to the Office of the ADDRESSES: You may submit comments which has been improved through Federal Register for publication by one of the following methods: implementation of conservation actions. electronically as an official document of (1) Electronically: Go to the Federal The basis for our action. Under the the U.S. Fish and Wildlife Service. eRulemaking Portal: http:// Act, we may determine that a species is Martha Williams, Principal Deputy www.regulations.gov. In the Search box, an endangered species or a threatened Director Exercising the Delegated enter FWS–R1–ES–2020–0082, which is species because of any of five factors: Authority of the Director, U.S. Fish and the docket number for this rulemaking. (A) The present or threatened Wildlife Service, approved this Then, click on the Search button. On the destruction, modification, or document on June 21, 2021, for resulting page, in the Search panel on curtailment of its habitat or range; (B) publication. the left side of the screen, under the overutilization for commercial, Document Type heading, click on the recreational, scientific, or educational Anissa Craghead, Proposed Rule box to locate this purposes; (C) disease or predation; (D) Acting Regulations and Policy Chief, Division document. You may submit a comment the inadequacy of existing regulatory of Policy, Economics, Risk Management, and by clicking on ‘‘Comment.’’ mechanisms; or (E) other natural or Analytics, Joint Administrative Operations, (2) By hard copy: Submit by U.S. mail manmade factors affecting its continued U.S. Fish and Wildlife Service. to: Public Comments Processing, Attn: existence. We may downlist a species if [FR Doc. 2021–13290 Filed 6–22–21; 8:45 am] FWS–R1–ES–2020–0082, U.S. Fish and the best available commercial and BILLING CODE 4333–15–P Wildlife Service, MS: PRB/3W, 5275 scientific data indicate the species no VerDate Sep<11>2014 16:39 Jun 22, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\23JNP1.SGM 23JNP1 jbell on DSKJLSW7X2PROD with PROPOSALS 32860 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Proposed Rules longer meets the applicable definition in governmental agencies, the scientific made via a hardcopy that includes the Act. We have determined that the community, industry, or any other personal identifying information, you Fender’s blue butterfly is no longer in interested parties concerning this may request at the top of your document danger of extinction and, therefore, does proposed rule. In particular, we seek that we withhold this information from not meet the definition of an comments concerning: public review. However, we cannot endangered species, but is still affected (1) Reasons we should or should not guarantee that we will be able to do so. by the following current and ongoing reclassify Fender’s blue butterfly from We will post all hardcopy submissions threats to the extent that the species an endangered species to a threatened on http://www.regulations.gov. meets the definition of a threatened species. Comments and materials we receive, species under the Act: The loss, (2) New biological or other relevant as well as supporting documentation we degradation, and fragmentation of data concerning any threat (or lack used in preparing this proposed rule, prairie and oak savannah habitats thereof) to Fender’s blue butterfly and will be available for public inspection including conversion to non-habitat any existing regulations that may be on http://www.regulations.gov. land uses (e.g., urban development, addressing these or any of the stressors Because we will consider all agriculture); elimination of natural to the species discussed here. comments and information we receive disturbance regimes; encroachment into (3) New information concerning the during the comment period, our final prairie habitats by shrubs and trees due population size or trends of Fender’s determinations may differ from this to fire suppression; insecticides and blue butterfly. proposal. Based on the new information herbicides; and invasion by non-native (4) Current or planned activities we receive (and any comments on that plants. within the geographic range of Fender’s new information), we may conclude that We are proposing to promulgate a blue butterfly that may have adverse or the species should remain listed as section 4(d) rule. We propose to prohibit beneficial impacts on the species. endangered instead of being reclassified all intentional take of the Fender’s blue (5) New information or data on the as threatened, or we may conclude that butterfly and specifically allow projected and reasonably likely impacts the species no longer warrants listing as incidental take by landowners or their to Fender’s blue butterfly or its habitat either an endangered species or a agents while conducting management associated with climate change or any threatened species. In addition, we may for the creation, restoration, or other factors that may affect the species change the parameters of the enhancement of short-stature native in the future. prohibitions or the exceptions to those upland prairie or oak savannah (6) Information on regulations that are prohibitions if we conclude it is conditions under section 9(a)(1) of the necessary and advisable to provide for appropriate in light of comments and Act as a means to provide protective the conservation of Fender’s blue new information received.