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Designation of Critical Habitat for the Big Sandy Crayfish

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Designation of Critical Habitat for the Big Sandy Crayfish 5072 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Proposed Rules DEPARTMENT OF THE INTERIOR the left side of the screen, under the species and the Guyandotte River Document Type heading, click on the crayfish as an endangered species on Fish and Wildlife Service Proposed Rules link to locate this April 7, 2016 (81 FR 20450). document. You may submit a comment The basis for our action. Under the 50 CFR Part 17 by clicking on ‘‘Comment Now!’’ Act, any species that is determined to be an endangered or threatened species [Docket No. FWS–R5–ES–2019–0098; (2) By hard copy: Submit by U.S. mail 4500090023] or hand-delivery to: Public Comments shall, to the maximum extent prudent Processing, Attn: FWS–R5–ES–2019– and determinable, have habitat RIN 1018–BE19 0098, U.S. Fish and Wildlife Service, designated that is considered to be MS: JAO/1N, 5275 Leesburg Pike, Falls critical habitat. Section 4(b)(2) of the Endangered and Threatened Wildlife Church, VA 22041–3803. Act states that the Secretary shall and Plants; Designation of Critical We request that you send comments designate and make revisions to critical Habitat for the Big Sandy Crayfish and only by the methods described above. habitat on the basis of the best available the Guyandotte River Crayfish We will post all comments on http:// scientific data after taking into AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally consideration the economic impact, the Interior. means that we will post any personal impact on national security, and any other relevant impact of specifying any ACTION: Proposed rule. information you provide us (see Public Comments, below, for more particular area as critical habitat. SUMMARY: We, the U.S. Fish and information). Section 3(5)(A) of the Act defines Wildlife Service (Service), propose to Document availability: This proposed critical habitat as (i) the specific areas designate critical habitat for the Big rule and the DEA are available on the within the geographical area occupied Sandy crayfish (Cambarus callainus) internet at http://www.regulations.gov at by the species, at the time it is listed, and the Guyandotte River crayfish (C. Docket No. FWS–R5–ES–2019–0098, on which are found those physical or veteranus) under the Endangered and at the North Atlantic-Appalachian biological features (I) essential to the Species Act of 1973, as amended (Act). Regional Office (see FOR FURTHER conservation of the species and (II) In total, approximately 582 stream INFORMATION CONTACT). which may require special management kilometers (skm) (362 stream miles The coordinates or plot points or both considerations or protections; and (ii) (smi)) in Martin and Pike Counties, from which the maps are generated are specific areas outside the geographical Kentucky; Buchanan, Dickenson, and included in the administrative record area occupied by the species at the time Wise Counties, Virginia; and McDowell, for this critical habitat designation and it is listed, upon a determination by the Mingo, and Wayne Counties, West are available at http:// Secretary that such areas are essential Virginia, are proposed as critical habitat www.regulations.gov at Docket No. for the conservation of the species. The for the Big Sandy crayfish. FWS–R5–ES–2019–0098, and at the Secretary may exclude an area from Approximately 135 skm (84 smi) in North Atlantic-Appalachian Regional critical habitat if he determines that the Logan and Wyoming Counties, West Office (see FOR FURTHER INFORMATION benefits of such exclusion outweigh the Virginia, are proposed as critical habitat CONTACT). Any additional tools or benefits of specifying such area as part for the Guyandotte River crayfish. If we supporting information that we may of the critical habitat, unless he finalize this rule as proposed, it would develop for this critical habitat determines, based on the best scientific extend the Act’s protections to these designation will also be available at the data available, that the failure to species’ critical habitat. We also Regional Office set out above, and may designate such area as critical habitat announce the availability of a draft also be included in the preamble and/ will result in the extinction of the economic analysis of the proposed or at http://www.regulations.gov. species. The critical habitat areas we are designation of critical habitat for these FOR FURTHER INFORMATION CONTACT: species. proposing to designate in this rule Martin Miller, Chief, Endangered constitute our current best assessment of DATES: We will accept comments on the Species, U.S. Fish and Wildlife Service, the areas that meet the definition of proposed rule or draft economic North Atlantic-Appalachian Regional critical habitat for the Big Sandy and analysis (DEA) that are received or Office, 300 Westgate Center Drive, Guyandotte River crayfishes. We postmarked on or before March 30, Hadley, MA 01035; telephone 413–253– propose to designate: 2020. Comments submitted 8615. Persons who use a • Approximately 582 stream electronically using the Federal telecommunications device for the deaf kilometers (skm) (362 stream miles eRulemaking Portal (see ADDRESSES, (TDD) may call the Federal Relay (smi)) of streams for the Big Sandy below) must be received by 11:59 p.m. Service at 800–877–8339. crayfish. Eastern Time on the closing date. We SUPPLEMENTARY INFORMATION: • Approximately 135 skm (84 smi) of must receive requests for a public streams for the Guyandotte River Executive Summary hearing, in writing, at the address crayfish. shown in FOR FURTHER INFORMATION Why we need to publish a rule. Under We prepared an economic analysis of CONTACT by March 13, 2020. the Act, any species that is determined the proposed designation of critical ADDRESSES: Written comments: You may to be an endangered or threatened habitat. In order to consider economic submit comments on the proposed rule species requires critical habitat to be impacts, we prepared an analysis of the or DEA by one of the following designated, to the maximum extent economic impacts of the proposed methods: prudent and determinable. Designations critical habitat designation. We hereby (1) Electronically: Go to the Federal and revisions of critical habitat can only announce the availability of the draft eRulemaking Portal: http:// be completed by issuing a rule. economic analysis and seek public www.regulations.gov. In the Search box, This rule proposes to designate review and comment. enter FWS–R5–ES–2019–0098, which is critical habitat for two species of Peer review. In accordance with our the docket number for this rulemaking. crayfish, the Big Sandy crayfish and the joint policy on peer review published in Then, click on the Search button. On the Guyandotte River crayfish. We listed the the Federal Register on July 1, 1994 (59 resulting page, in the Search panel on Big Sandy crayfish as a threatened FR 34270), we are seeking comments VerDate Sep<11>2014 17:39 Jan 27, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28JAP2.SGM 28JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Proposed Rules 5073 from independent specialists to ensure We particularly seek comments allow us to verify any scientific or that this critical habitat proposal is regarding: commercial information you include. based on scientifically sound data and (i) Whether occupied areas are Please note also that comments analyses. We have invited these peer inadequate for the conservation of the merely stating support for or opposition reviewers to comment on our specific species; and to the action under consideration assumptions and conclusions in this (ii) Specific information that supports without providing supporting proposal to designate critical habitat. the determination that unoccupied areas information, although noted, will not be Because we will consider all comments will, with reasonable certainty, considered in making a determination, and information we receive during the contribute to the conservation of the as section 4(b)(1)(A) of the Act directs comment period, our final species and contain at least one physical that we must make determinations determinations may differ from this or biological feature essential to the ‘‘solely on the basis of the best scientific proposal. conservation of the species. and commercial data available.’’ (3) Land use designations and current You may submit your comments and Information Requested or planned activities in the subject areas materials concerning this proposed rule Public Comments and their possible effects on proposed by one of the methods listed in critical habitat. ADDRESSES. We request that you send We intend that any final action (4) Any probable economic, national comments only by the methods resulting from this proposed rule will be security, or other relevant effects of described in ADDRESSES. based on the best scientific and designating any area that may be If you submit information via http:// commercial data available and be as included in the final designation, and www.regulations.gov, your entire accurate and as effective as possible. the benefits of including or excluding submission—including any personal Therefore, we request comments or areas that may be affected. identifying information—will be posted information from other concerned (5) Information on the extent to which on the website. If your submission is governmental agencies, Native the description of probable economic made via a hardcopy that includes American tribes, the scientific effects in the draft economic analysis personal identifying information, you community, industry, or any other (DEA) is a reasonable estimate of the may request at the top of your document interested parties concerning this likely economic effects. that we withhold this information from proposed rule. We particularly seek (6) Information on land ownership public review. However, we cannot comments concerning: within proposed critical habitat areas, guarantee that we will be able to do so.
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