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Arctic Subspecies of the Ringed Seal Particular Area North of the Beaufort Sea Shelf from the Designation

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Arctic Subspecies of the Ringed Seal Particular Area North of the Beaufort Sea Shelf from the Designation 1452 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules [FR Doc. 2020–29006 Filed 1–7–21; 8:45 am] ACTION: Revised proposed rule; DATES: Comments must be received by BILLING CODE 3510–22–P reopening of comment period. March 9, 2021. Public hearings on the revised proposed rule will be held in SUMMARY: We, the National Marine Alaska. The dates and times of these DEPARTMENT OF COMMERCE Fisheries Service (NMFS), announce hearings will be provided in a revisions to our December 9, 2014, subsequent Federal Register notice. National Oceanic and Atmospheric proposed designation of critical habitat Administration for the Arctic subspecies of the ringed ADDRESSES: You may submit data, seal (Pusa hispida hispida) under the information, or comments on this 50 CFR Parts 223 and 226 Endangered Species Act (ESA). The document, identified by NOAA–NMFS– 2013–0114, and on the associated Draft [Docket No.: 201228–0357] revised proposed designation comprises an area of marine habitat in the Bering, Impact Analysis Report (i.e., report RIN 0648–BC56 Chukchi, and Beaufort seas. Based on titled ‘‘Draft RIR/ESA Section 4(b)(2) consideration of national security Preparatory Assessment/IRFA of Critical Endangered and Threatened Species; impacts, we also propose to exclude a Habitat Designation for the Arctic Designation of Critical Habitat for the Ringed Seal’’) for the revised proposed Arctic Subspecies of the Ringed Seal particular area north of the Beaufort Sea shelf from the designation. We seek rule by either of the following methods: AGENCY: National Marine Fisheries comments on all aspects of the revised • Electronic Submission: Submit all Service (NMFS), National Oceanic and proposed critical habitat designation electronic comments via the Federal Atmospheric Administration (NOAA), and will consider information received eRulemaking Portal. Go to Commerce. before issuing a final designation. www.regulations.gov/ VerDate Sep<11>2014 20:05 Jan 07, 2021 Jkt 253001 PO 00000 Frm 00150 Fmt 4702 Sfmt 4702 E:\FR\FM\08JAP1.SGM 08JAP1 tkelley on DSKBCP9HB2PROD with PROPOSALS EP08JA21.001</GPH> Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Proposed Rules 1453 #!docketDetail;D=NOAA-NMFS-2013- Secretary, critical habitat shall not 76706). Section 4(b)(6)(C) of the ESA 0114, click the ‘‘Comment Now!’’ icon, include the entire geographical area requires the Secretary to designate complete the required fields, and enter which can be occupied by the critical habitat concurrently with or attach your comments. threatened or endangered species. Also, making a determination to list a species • Mail: Submit written comments to by regulation, critical habitat shall not as threatened or endangered unless it is Jon Kurland, Assistant Regional be designated within foreign countries not determinable at that time, in which Administrator for Protected Resources, or in other areas outside U.S. case the Secretary may extend the Alaska Region NMFS, Attn: James jurisdiction (50 CFR 424.12(g)). deadline for this designation by one Bruschi, P.O. Box 21668, Juneau, AK Section 4(b)(2) of the ESA requires the year. At the time of listing, we 99082–1668. Secretary to designate critical habitat for announced our intention to designate Instructions: NMFS may not consider threatened and endangered species on critical habitat for the Arctic ringed seal comments sent by any other method, to the basis of the best scientific data in a separate rulemaking, as its critical any other address or individual, or available and after taking into habitat was not then determinable. received after the end of the comment consideration the economic impact, the Concurrently, we solicited information period. All comments received are a impact on national security, and any to assist us in (1) identifying the part of the public record and will other relevant impact of specifying any physical or biological features essential generally be posted for public viewing particular area as critical habitat. This to the conservation of Arctic ringed on www.regulations.gov without change. section also grants the Secretary seals, and (2) assessing the economic All personal identifying information discretion to exclude any area from consequences of designating critical (e.g., name, address), confidential critical habitat if he determines the habitat for this species. Subsequently business information, or otherwise benefits of such exclusion outweigh the we researched, reviewed, and compiled sensitive information submitted benefits of specifying such area as part the best scientific data available to voluntarily by the sender will be of the critical habitat. However, the develop a critical habitat proposal for publicly accessible. NMFS will accept Secretary may not exclude areas if such the Arctic ringed seal. anonymous comments (enter ‘‘N/A’’ in exclusion will result in the extinction of On December 3, 2014, we published the required fields if you wish to remain the species (16 U.S.C. 1533(b)(2)). a proposed rule to designate critical anonymous). Once critical habitat is designated, habitat for the Arctic ringed seal under Electronic copies of the Draft Impact section 7(a)(2) of the ESA requires the ESA (79 FR 71714). Due to a clerical Analysis Report for this revised Federal agencies to ensure that actions error, that document contained proposed rule and a complete list of they authorize, fund, or carry out are not mistakes, and we therefore published a references cited in this revised proposed likely to destroy or adversely modify corrected proposed rule on December 9, rule are available on the Federal that habitat (16 U.S.C. 1536(a)(2)). This 2014 (79 FR 73010). We requested eRulemaking Portal at requirement is additional to the section public comment on this proposed www.regulations.gov/ 7(a)(2) requirement that Federal designation through March 9, 2015. In #!docketDetail;D=NOAA-NMFS-2013- agencies ensure that their actions are response to comments, we extended the 0114. not likely to jeopardize the continued public comment period through March existence of ESA-listed species. 31, 2015 (80 FR 5498, February 2, 2015). FOR FURTHER INFORMATION CONTACT: Specifying the geographic location of We held five public hearings in Alaska Tammy Olson, NMFS Alaska Region, critical habitat also facilitates on the proposed rule (80 FR 1618, (907) 271–5006; Jon Kurland, NMFS implementation of section 7(a)(1) of the January 13, 2015; 80 FR 5498, February Alaska Region, (907) 586–7638; or ESA by identifying areas where Federal 2, 2015). Heather Austin, NMFS Office of agencies can focus their conservation Subsequently, on March 17, 2016, the Protected Resources, (301) 427–8422. programs and use their authorities to listing of Arctic ringed seals as a SUPPLEMENTARY INFORMATION: Section further the purposes of the ESA. See 16 threatened species was vacated by the 3(5)(A) of the ESA defines critical U.S.C. 1536(a)(1). Critical habitat U.S. District Court for the District of habitat as (1) the specific areas within requirements do not apply to citizens Alaska (Alaska Oil & Gas Ass’n v. Nat’l the geographical area occupied by the engaged in actions on private land that Marine Fisheries Serv., Case Nos. 4:14- species, at the time it is listed, on which do not involve a Federal agency. cv-29–RRB, 4:15-cv-2–RRB, 4:15-cv-5– are found those physical or biological This revised proposed rule describes RRB, 2016 WL 1125744 (D. Alaska Mar. features essential to the conservation of our revised proposed designation of 17, 2016)). This decision was reversed the species and which may require critical habitat for the Arctic ringed seal, by the U.S. Court of Appeals for the special management considerations or including supporting information on Ninth Circuit on February 12, 2018 protection; and (2) specific areas outside Arctic ringed seal distribution and (Alaska Oil & Gas Ass’n v. Ross, 722 F. the geographical area occupied by the habitat use, and the methods used to App’x 666 (9th Cir. 2018)), and the species at the time it is listed, upon a develop the revised proposed listing was reinstated on May 15, 2018. determination by the Secretary of designation. The Arctic ringed seal is On June 13, 2019, the Center for Commerce (Secretary) that such areas listed with the scientific name Phoca Biological Diversity filed a complaint in are essential for the conservation of the (=Pusa) hispida hispida. In this revised the U.S. District Court for the District of species (16 U.S.C. 1532(5)(A)). proposed rule, we use the genus name Alaska alleging that NMFS had failed to Conservation is defined in section 3(3) Pusa to reflect currently accepted use timely designate critical habitat for the of the ESA as the use of all methods and (e.g., Committee on Taxonomy (Society Arctic ringed seal. Under a court- procedures which are necessary to bring for Marine Mammalogy) 2019, approved stipulated settlement any endangered species or threatened Integrated Taxonomic Information agreement between the parties (which species to the point at which the System (online database) 2019). was subsequently amended to extend measures provided pursuant to this Act the dates specified in the original order), are no longer necessary (16 U.S.C. Background NMFS agreed to submit a proposed 1532(3)). Section 3(5)(C) of the ESA On December 28, 2012, we published determination concerning the provides that, except in those a final rule to list the Arctic ringed seal designation of critical habitat for Arctic circumstances determined by the as threatened under the ESA (77 FR ringed seals to the Federal Register by VerDate Sep<11>2014 20:05 Jan 07, 2021 Jkt 253001 PO 00000 Frm 00151 Fmt 4702 Sfmt 4702 E:\FR\FM\08JAP1.SGM 08JAP1 tkelley on DSKBCP9HB2PROD with PROPOSALS 1454 Federal Register / Vol.
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