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include the OMB Control Number, Commission. If the Commission DEPARTMENT OF THE INTERIOR 3060–0298, in your correspondence. requests respondents to submit The Commission will also accept your information which respondents believe Fish and Wildlife Service comments via email at [email protected]. is confidential, respondents may request To request materials in accessible confidential treatment of such 50 CFR Part 17 formats for people with disabilities information under 47 CFR 0.459 of the [Docket No. FWS–R6–ES–2019–0055; (Braille, large print, electronic files, Commission’s rules. FF09E22000 FXES11130900000 201] audio format), send an email to fcc504@ fcc.gov or call the Consumer and Privacy Act: No impact(s). RIN 1018–BD49 Governmental Affairs Bureau at (202) Needs and Uses: Sections 201, 202, 418–0530 (voice), (202) 418–0432 203, 204 and 205 of the Endangered and Threatened Wildlife (TTY). Communications Act of 1934, (Act) as and ; Removing the Kanab amended, 47 U.S.C. 201, 202, 203, 204 Ambersnail From the List of Synopsis and 205, require that common carriers Endangered and Threatened Wildlife As required by the Paperwork establish just and reasonable charges, AGENCY: Fish and Wildlife Service, Reduction Act of 1995 (44 U.S.C. 3507), practices, and regulations, which must the FCC is notifying the public that it Interior. be filed with the Commission to ACTION: Final rule. received final OMB approval on May 13, determine whether such schedules are 2021, for the information collection just, reasonable and not unduly SUMMARY: We, the U.S. Fish and requirements contained in the discriminatory. On October 9, 2020, the Wildlife Service (Service), are removing modifications to the Commission’s rules Commission released the Order, FCC the ( in 47 CFR part 51. haydeni kanabensis) from the Federal Under 5 CFR part 1320, an agency 20–143, published at 85 FR 75894, List of Endangered and Threatened may not conduct or sponsor a collection which transitions intercarrier Wildlife. This determination is based on of information unless it displays a compensation for toll-free services a thorough review of the best available current, valid OMB Control Number. either to lower, uniform rate caps or to No person shall be subject to any bill-and-keep over approximately three scientific information. Our review penalty for failing to comply with a years as a means of curtailing abuse of indicates that the Kanab ambersnail is collection of information subject to the the 8YY intercarrier compensation not a valid subspecies and therefore Paperwork Reduction Act that does not regime. The Order requires price cap cannot be listed as an endangered entity display a current, valid OMB Control and rate-of-return carriers to establish under the Endangered Act. Number. The OMB Control Number is separate rate elements for certain DATES: This rule is effective July 26, 3060–0298. interstate and intrastate toll free and 2021. The foregoing notice is required by non-toll free services. Carriers are also ADDRESSES: This final rule, the the Paperwork Reduction Act of 1995, required to lower the 8YY database supporting documents we used in Public Law 104–13, October 1, 1995, query charges over three years, and are preparing this rule, and public and 44 U.S.C. 3507. prohibited from charging for more than comments we received are available on The total annual reporting burdens one query per call. Competitive local the internet at http:// and costs for the respondents are as exchange carriers (LECs) assessing a www.regulations.gov at Docket No. follows: tariffed intrastate or interstate Toll Free FWS–R6–ES–2019–0055. Persons who OMB Control Number: 3060–0298. Database Query Charge must cap such use a telecommunications device for the OMB Approval Date: May 13, 2021. charges and revise their tariffs to ensure deaf may call the Federal Relay Service OMB Expiration Date: May 31, 2024. at 800–877–8339. Title: Part 61, Tariffs (Other than that those charges do not exceed the Tariff Review Plan). rates charged by the competing FOR FURTHER INFORMATION CONTACT: Form Number: N/A. incumbent LEC. Yvette Converse, Field Supervisor, telephone: 801–975–3330. Direct all Respondents: Businesses or other for- The information collected through questions or requests for additional profit entities. carriers’ tariffs is used by the Number of Respondents and information to: Kanab Ambersnail Commission and state commissions to Questions, U.S. Fish and Wildlife Responses: 2,925 respondents; 9,585 determine whether services offered are responses. Service; Ecological Services Field just and reasonable, as the Act requires. Office; 2369 Orton Circle, Suite 50; West Estimated Time per Response: 1–50 The tariffs and any supporting hours. Valley City, Utah 84119. Persons who documentation are examined in order to Frequency of Response: One-time, use a telecommunications device for the determine if the services are offered in biennial and on-occasion reporting deaf may call the Federal Relay Service requirements. a just and reasonable manner. at 800–877–8339. Obligation To Respond: Required to Federal Communications Commission. SUPPLEMENTARY INFORMATION: obtain or retain benefits. The statutory Marlene Dortch, Previous Federal Actions authority for this information collection Secretary. is contained in sections 1–5, 201–205, On November 15, 1991, we proposed [FR Doc. 2021–13213 Filed 6–23–21; 8:45 am] 208, 251–271, 403, 502, and 503 of the to list the Kanab ambersnail as an Communications Act of 1934, as BILLING CODE 6712–01–P endangered species (56 FR 58020). The amended, 47 U.S.C. 151–155, 201–205, species’ was greatly reduced in 208, 251–271, 403, 502 and 503. size and the population declined, due to Total Annual Burden: 244,477 hours. preparations for anticipated Total Annual Cost: $1,584,000. development. On April 17, 1992, we Nature and Extent of Confidentiality: published a final rule listing the Kanab Respondents are not being asked to ambersnail as an endangered species (57 submit confidential information to the FR 13657), but as explained in that rule,

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we did not designate critical habitat of sandstone or limestone cliffs (Clarke conditions and reduced spring flow because we found that designation 1991, pp. 28–29; Spamer and Bogan became particularly severe (Sorensen would be not prudent due to a danger 1993, p. 296; Meretsky et al. 2002, p. 2015, p. 10; Sorensen 2020, p. 1). This of over-collection or purposeful harm or 309). Habitat vegetation can consist of decline has continued since 2011 killing of snails if the locations of the cattail (Typha domingensis), sedge (Sorensen 2015, p. 10; Sorensen 2020, p. snails were made public on critical ( spp.), native crimson 1). habitat maps. On October 12, 1995, we monkeyflower (Mimulus cardinalis), The most recent population estimate finalized the Kanab ambersnail recovery (Nasturtium officinale), is from 2002, which estimated 3,124 plan (Service 1995, entire). native water sedge (Carex aquatilis), and individuals and noted that population We completed a 5-year review of the maidenhair fern (Adiantum capillus- numbers could be highly variable from species’ status in July 2011 (Service veneris) (57 FR 13657, April 17, 1992; year to year (Gloss et al. 2005, p. 3). 2011, entire). As of the time of the 2011 Stevens et al. 1997, p. 6; Sorensen 2005, Fourteen individuals were collected in 5-year review, several genetic studies p. 3). The Kanab ambersnail often 2008, for genetic analysis (Culver et al. indicated that at least one of the three inhabits dead and decaying litter and 2013, p. 7). A survey in 2016 found only populations identified as the Kanab live stems of plants (Service 2011, p. one snail, but search conditions were ambersnail was potentially part of a 11). difficult and time was limited (Sorensen different species or subspecies, but we When the Kanab ambersnail was 2016, pers. comm.). did not consider those studies alone to listed, we knew of two populations in The Three Lakes population is a series be certain enough to recommend Utah (Three Lakes and Kanab Creek of small ponds on private land delisting at that time (Miller et al. 2000, Canyon) and one population in approximately 6 mi (10 km) northwest p. 8; Stevens et al. 2000, p. 7; Culver et (Vasey’s Paradise) (57 FR 13657, April of Kanab, Utah (Clarke 1991, p. 28; al. 2007, p. 3; Service 2011, pp. 8–9). 17, 1992). The Kanab Creek Canyon Service 1995, p. 3). Occupied and The subsequent publication of a larger, population in Utah was extirpated by potential habitat is approximately 4.94 more comprehensive study on the 1991, after dewatering of the seep for acres (ac) (2 hectares (ha)) (Service 1995, genetics of the Kanab ambersnail and livestock use severely reduced the p. 3). Available habitat is wet meadow the Oxyloma (Culver et al. 2013, available habitat. Kanab ambersnails and marsh. The habitat was greatly entire) resulted in our proposed rule to were last found there in 1990, when reduced in size and the population delist Kanab ambersnail based on new three individuals were identified declined beginning in 1991, due to taxonomic information indicating that it (Service 2011, p. 12). Currently, there preparations for anticipated was not a valid taxon, published in the are two naturally occurring populations development, which resulted in the Federal Register on January 6, 2020 (85 of Kanab ambersnails (Vasey’s Paradise original emergency listing (57 FR 13657, FR 487). Please refer to that proposed in Arizona, and Three Lakes in Utah) April 17, 1992). The development rule for a more detailed description of and one introduced population (Upper anticipated at the time of listing has not the Federal actions concerning this Elves Canyon in Arizona) established occurred, and Kanab ambersnails were species that occurred prior to November with individuals translocated from found there in 2008 (Culver et al. 2013, 26, 2019. Vasey’s Paradise (Service 2011, p. 6). p. 6) and 2016 (Sorensen 2016, pers. The Vasey’s Paradise population was comm.). Species Description and Habitat discovered in 1991 (Spamer and Bogan A timed count survey of the Three Information 1993, p. 47). Vasey’s Paradise is a Lakes population was conducted in It is our intent to discuss only those riverside spring located approximately early October 2011 by Service, Utah topics directly related to delisting the 33 miles (mi) (53 kilometers (km)) Division of Wildlife Resources, and Kanab ambersnail in this rule. For more downstream of Lee’s Ferry on the Arizona Fish and Game Department information on the description, biology, , in Grand Canyon biologists. The Three Lakes Kanab ecology, and habitat of the Kanab National Park, Arizona (Spamer and ambersnail population was robust with ambersnail, please refer to the final Bogan 1993, p. 37). Occupied and a CPUE estimate of 10.47 snails per 10 listing rule published in the Federal potential habitat at Vasey’s Paradise is minutes searched (Sorensen 2011, p. Register on April 17, 1992 (57 FR 9,041 square feet (ft2) (840 square meters 14). In 2016, the land was sold to Best 13657); the Kanab ambersnail recovery (m2)) (Service 1995, p. ii). The Friends Sanctuary, which has plan (Service 1995); the most recent 5- population is protected by National Park expressed a willingness to preserve the year review for the Kanab ambersnail Service regulations and the presence of habitat. A followup survey of the Three completed in July 2011 (Service 2011); poison ivy, which deters visitors Lakes Kanab ambersnail population was or any of the documents referenced by (Stevens et al. 1997, p. 12; Sorensen conducted by the same partners in early this rule. The Service documents, 2016, pers. comm.). May 2017, with an estimated CPUE of personal communications, and a list of Monitoring of the Vasey’s Paradise 158.75 snails per 10 minutes searched cited literature are available as population from 2007 to present has (Sorensen 2017, pers. comm.). supporting materials on http:// relied on timed counts of live snails Upper Elves Canyon is located www.regulations.gov under Docket No. observed among the traditionally approximately 83 mi (134 km) FWS–R6–ES–2019–0055. sampled vegetation patches. The timed downstream of Vasey’s Paradise on the The Kanab ambersnail (Oxyloma count sampling provides a catch-per- Colorado River, in Grand Canyon haydeni kanabensis) was taxonomically unit-effort (CPUE) estimate of relative National Park, Arizona (Sorensen 2016, identified as a terrestrial snail in the abundance of the snails in each survey. p. 1). Occupied and potential habitat is family . Succineids are Over the past decade, there have been adjacent to a perennial seep and is 1,068 usually referred to as ambersnails due to seasonal and annual variations in CPUE ft2 (99.2 m2) (Sorensen 2005, p. 3). This their mottled grayish-amber to estimates of the Vasey’s Paradise population is protected by National Park yellowish-amber colored shells population. Overall the relative Service regulations, as well as by its (Sorensen and Nelson 2002, p. 5). abundance of this Kanab ambersnail inaccessibility (Service 2011, p. 7). This The Kanab ambersnail typically population has declined substantially population was established by the inhabits marshes and other from the levels observed in the late Arizona Fish and Game Department watered by springs and seeps at the base 1990s and prior to 2002, when drought between 1998 and 2002, by

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translocating 340 individuals from the within a species; (3) nuclear DNA, Oxyloma populations, shell morphology Vasey’s Paradise population. Since which is inherited equally from both did not have the variation usually 2005, this population has been parents (unlike mitochondrial DNA, associated with different species, considered self-sustaining with an which is inherited maternally); and (4) leading the authors to state that none of estimated population of approximately amplified fragment length the 12 populations sampled was 700 individuals (Sorensen 2005, p. 9). polymorphisms (AFLP), which are used reproductively isolated from the others Between 2009 and 2015, timed count to sample multiple loci across the (Culver et al. 2013, p. 52). This surveys of the translocated population genome. information supports the finding that at Upper Elves Chasm were conducted Miller et al. (2000) used AFLP to the three populations identified as by Arizona Game and Fish Department, determine intra- and inter-population Kanab ambersnail do not alone National Park Service biologists, and genetic information for four Oxyloma comprise a discrete taxon. volunteers. Surveys over this timeframe species in Utah and Arizona. Among Genetic results indicated that there documented a small but relatively stable these, two was gene flow among all the Kanab ambersnail population at the site, ( haydeni) locations populations sampled, most likely due to with CPUE estimates between 0.85 to were studied at Indian Gardens short- or long-distance dispersals from 4.15 snails per 10 minutes searched (Arizona) and Minus Nine Mile Spring other populations (Culver et al. 2013, p. (Sorensen 2015, p. 12). (Arizona), and two Kanab ambersnail 57). Additionally, Kanab ambersnail populations were studied at Three Lakes samples from Vasey’s Paradise did not (Utah) and Vasey’s Paradise (Arizona) cluster with the other two Kanab Kanab ambersnails were first (Miller et al. 2000, pp. 1845–1946). ambersnail populations (Culver et al. collected in 1909, by James Ferriss from From this study, the ambersnail 2013, pp. 51, 55). The authors an area called ‘‘The Greens,’’ a vegetated population at Three Lakes appears more concluded that the three populations of seep approximately 6 mi (10 km) north closely related to the Niobrara Kanab ambersnail are not a valid of Kanab in Kanab Creek Canyon, Utah ambersnail population at Indian subspecies of Oxyloma haydeni and (57 FR 13657, April 17, 1992; Service Gardens than to the ambersnail should instead be considered part of the 1995, p. 2). However, ambersnails have population at Vasey’s Paradise (Miller et same taxa as the ambersnails from the not been found at the type locality since al. 2000, p. 1852). Upper Elves Canyon eight other populations of Oxyloma in 1991 (Meretsky et al. 2002, p. 314; was not included in this study. Utah and Arizona that were sampled for Culver et al. 2013, p. 6). Stevens et al. (2000) used comparison (Culver et al. 2013, entire). The snails collected by James Ferriss mitochondrial DNA and morphological This study declined to positively in 1909 were initially placed in the analysis to distinguish Succineidae identify a species-level taxon for these species Succinea hawkinisi, but Pilsbry (Oxyloma, Catinella, and Succinea) 11 populations of ambersnail, due to (1948, p. 797) placed them in Oxyloma populations in the United States and lack of genetic information on the genus and created the subspecies kanabensis Canada. The authors collected over 450 (Culver et al. 2013). The primary author under the species haydeni (57 FR 13657, samples from seven U.S. States and stated later that her expert opinion was April 17, 1992). The subspecies Canadian provinces, including from 63 they should all, including those kanabensis classification was different populations or locations of previously identified as Kanab considered to be temporary at the time, snails (Stevens et al. 2000, p. 4). ambersnail, be considered Niobrara and the author recommended that the Determining Oxyloma species based on ambersnail (Oxyloma hadenyi) (Culver taxonomic status be reconsidered in the morphology was shown to be inaccurate 2016, pers. comm.). The authors stated future (Pilsbry 1948, p. 798; Clarke (Stevens et al. 2000, pp. 4–5, 42). that specimens from the type locality of 1991, p. 23; 57 FR 13657, April 17, Vasey’s Paradise did not cluster with the Niobrara ambersnail in Nebraska 1992). the Three Lakes ambersnail population could be examined for comparison to We have assessed all available genetic or the two sampled Niobrara ambersnail verify this conclusion (Franzen 1964, p. information for the Kanab ambersnail populations, leading the authors to 73; Culver et al. 2013, p. 57; Culver (Miller et al. 2000, entire; Stevens et al. suggest Vasey’s Paradise might 2016, pers. comm.), but to date, no such 2000, entire; Culver et al. 2013, entire). represent a unique species (Stevens et analysis has been done. Since the listing of Kanab ambersnail in al. 2000, p. 41). However, a later, more The above-described Culver et al. 1992 (57 FR 13657; April 17, 1992) and comprehensive study found that Vasey’s (2013) study was released as a United the publication of the Kanab ambersnail Paradise clustered closely enough with States Geological Survey (USGS) recovery plan in 1995 (Service 1995, samples from other surrounding Scientific Investigations Report, and the entire), several studies on subspecies Oxyloma populations for them all to be review approach was similar to that of distribution, morphological considered part of the same Oxyloma manuscripts published by scientific characteristics, and genetic species (Culver et al. 2013, p. 57). journals. The report was initially relationships to other Oxyloma species In this most recent and detailed peer- reviewed by five reviewers and required have been completed. We briefly reviewed study, ambersnails were subsequent revision. The report describe these studies below. At this collected from 12 locations in Arizona received an additional review following time, these studies represent the best and Utah, with each location providing revision due to the complex subject scientific information available in order at least 14 ambersnail specimens matter. The response to reviewer for us to analyze the Kanab ambersnail’s (Culver et al. 2013, p. 5). Samples comments and subsequent revised distribution and taxonomic changes. consisted of Kanab ambersnail, Niobrara manuscript were reviewed by another Various analyses can be done to ambersnail, blunt ambersnail (Oxyloma independent geneticist to ensure that determine genetic structure of a species, retusum), undescribed species of the author adequately addressed issues including analyses of: (1) Mitochondrial Oxyloma, and individuals from and comments brought up by reviewers DNA, which is rapidly evolving and Catinella (used to provide an outgroup (Sorensen 2014, pers. comm.). The useful to determine recent populations; comparison) (Culver et al. 2013, p. 6). subsequent revision that occurred after (2) nuclear microsatellite DNA, which This study included samples from all 2011 resulted in more genetic has high amounts of genetic variation three extant populations identified as information added to the final 2013 and can be used to look at populations Kanab ambersnail. Between the manuscript, which further substantiated

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the authors’ findings (Sorensen 2014, and habitat to determine a species taxonomy of the genus Oxyloma and its pers. comm). As a result, we have a high within Oxyloma (Hoagland and Davis constituent species remains uncertain, it level of confidence in the results of the 1987, p. 519; Sorensen and Nelson 2002, is clear that the populations designated Culver et al. (2013) genetic study. p. 5). as the Kanab ambersnail do not make For the Kanab ambersnail to be In addition to shell morphology, up, together or separately, a valid considered a distinct subspecies, reproductive anatomy (phallus shape) subspecies. The 1992 final listing rule nuclear and mitochondrial DNA tests was previously a main determining for the Kanab ambersnail (57 FR 13657; should show that the three populations factor of the Oxyloma genus (Miller et April 17, 1992) relied on the best cluster together when compared to other al. 2000, p. 1853). However, anatomical available information at the time, and populations of ambersnails (Culver et al. descriptions used to classify the Kanab included only snails found in Vasey’s 2013, p. 55). However, the Vasey’s ambersnail had no quantifying factors, Paradise in Arizona and Three Lakes Paradise population does not cluster such as prostate gland length, and soft and Kanab Creek in Utah. This situation with the other two Kanab ambersnail tissues were difficult to measure has changed with the addition of the populations and the degree of variation objectively (Pilsbry 1948, p. 798; Culver 2013 genetic study of the Oxyloma shown in Vasey’s Paradise from the et al. 2013, pp. 52–53). It is difficult to genus in Utah and Arizona (Culver et al. other populations is not unique enough achieve standard anatomical 2013, entire). to constitute a subspecies on its own, as measurements with repeatability The various published and it shares markers with several nearby because of the flexibility and elasticity unpublished genetics reports described populations of non-listed Oxyloma of soft tissues (Culver et al. 2013, p. 18). above offer different conclusions about snails (Stevens et al. 2000, p. 41; Culver Overall, anatomical characteristics have how Succineid snails should be et al. 2013, pp. 55–57). been found to vary greatly within classified, particularly within the genus The genetic uniqueness in Vasey’s Oxyloma (Culver et al. 2013, p. 52). Oxyloma. However, none of the genetic Paradise may be attributable to flooding, There have been at least two instances studies provides support for Oxyloma which can erode away ideal vegetation when a species of snail was placed in haydeni kanabensis as a valid or habitat, leaving only a few the wrong genus due to relying solely on subspecies. Additionally, available individuals able to survive and the reproductive anatomy (Johnson et genetic evidence suggests that at least reestablish the population at that site, al. 1986, p. 105; Miller et al. 2000, p. one population identified as Kanab creating genetic bottlenecks. Genetic 1853). In another case, variation in ambersnail is more closely related to diversity at these types of sites will anatomical structure was found in the other nearby Oxyloma populations than often be lower than at sites that have blunt ambersnail, leading the authors to it is to the other two Kanab ambersnail experienced short- or long-distance conclude that the species was not populations. dispersals (Culver et al. 2013, p. 55). restricted geographically as initially Therefore, we are delisting the Kanab Furthermore, ambersnails have the believed (Franzen 1963, p. 94). Previous ambersnail due to new taxonomic ability to self-reproduce, allowing for Oxyloma studies have used only one or information that indicates that it is not colonization of new areas by only one two specimens to determine the species’ a valid taxon, based on the best individual. This ability may explain taxonomic status, which makes it available science. The currently listed how many genetically distinct difficult to properly assess the true entity for the Kanab ambersnail, populations of Oxyloma developed in a status (Hoagland and Davis 1987, p. restricted to Vasey’s Paradise and Upper relatively short time period (Culver et 515). Elves Canyon, Arizona, and Three al. 2013, p. 56). At least one or more Standards for quantifying anatomy are Lakes, Utah, is not a valid taxonomic bottleneck events in the past, likely due minimal and not descriptive enough, subspecies. We are unable to evaluate to flooding, caused unusual population with the use of such words as small, the populations identified as the Kanab genetic events (Culver et al. 2013, p. 55). medium, and large, which are vague ambersnail relative to the larger entity Overall, these studies show that shell terms and not measurable (Hoagland because the larger entity has not yet morphology and anatomical and Davis 1987, p. 478). Anatomical been defined from a taxonomic characteristics that were once characteristics should not be the only perspective. If we had additional considered diagnostic do not alone factor to determine a species within updated information available about the reliably correspond with the results Oxyloma, even with an understanding taxonomy of the Oxyloma genus, we from genetic analyses of Succineidae of the individual and geographical would conduct a status assessment of snails (Hoagland and Davis 1987, p. 519; variation (Franzen 1963, p. 83). the larger entity, but in this case we do Pigati et al. 2010, p. 523). Samples Variation between populations, not have enough information to conduct originally identified as different species anatomical differences among that analysis. We do not consider the or subspecies based on physical individuals, overlapping habitat, and absence of information on the larger differences are consistently found to be minimal repeatability with taxonomy of a group to be sufficient related closely enough to qualify as measurements of anatomical features reason to keep an invalid subspecies members of the same species based on make it difficult to rely on anatomical listed as endangered. genetic studies (Culver et al. 2013, descriptions to determine species entire; Miller et al. 2000, entire; Stevens classification (Franzen 1964, p. 80; Summary of Comments and et al. 2000, entire). Traditionally, shell Sorensen and Nelson 2002, pp. 4–5). Recommendations morphology, such as their slender and Overall, reproductive anatomy is likely In the proposed rule published in the drawn-out and short shell not a good species indicator in snails; Federal Register on January 6, 2020 (85 , was used to distinguish the instead, genetic relationships provide FR 487), we requested that all interested Kanab ambersnail from other members the most reliable method of classifying parties submit written comments on our of Oxyloma (Pilsbry 1948, pp. 797–798). taxa. proposal to delist the Kanab ambersnail However, shell shape can vary as much In summary, these analyses present by March 6, 2020. We also contacted within a population as within a species multiple interpretations of the appropriate Federal and State agencies, (Hoagland and Davis 1987, p. 519). taxonomy of the Kanab ambersnail, scientific experts and organizations, and Therefore, it is important to consider none of which correlates to that of our other interested parties and invited other factors such as genetics, anatomy, original listing. Although the exact them to comment on the proposal.

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Newspaper notices inviting general Public Comments not meeting the statutory definition of a public comment were published in the We received seven letters from the species. Salt Lake Tribune and Saint George public that provided comments on the Effects of This Rule News. We did not receive any requests proposed rule. Two of the commenters for a public hearing. All substantive This rule revises 50 CFR 17.11(h) to expressed their support for the proposed remove the Kanab ambersnail from the information provided during the delisting and corroborated information comment period was either Federal List of Endangered and we supplied in the rule. Four Threatened Wildlife. Because no critical incorporated directly into this final rule commenters expressed their opposition or is addressed below. habitat was ever designated for this to it. Of these four, none presented subspecies, this rule does not affect 50 Peer Reviewer Comments substantive information to support their CFR 17.95. opposition. In all cases, the opposition The prohibitions and conservation In accordance with our joint policy on was based on the importance of measures provided by the Act no longer peer review published in the Federal protecting rare species and ecosystems. apply to the snail previously identified Register on July 1, 1994 (59 FR 34270) While we agree that protecting rare as the Kanab ambersnail. Interstate and our August 22, 2016 memorandum species and the in which they commerce, import, and export of the updating and clarifying the role of peer occur is important, it is not a relevant snails previously identified as the review of listing actions under the Act factor in this determination because Kanab ambersnail are not prohibited (USFWS 2016, entire), we solicited Kanab ambersnail is not a valid taxon under the Act. In addition, Federal expert opinion from seven and is being delisted on that basis. agencies are no longer required to knowledgeable individuals with One commenter provided some consult under section 7 of the Act on scientific expertise and familiarity with additional historical background actions that may affect the snails the Kanab ambersnail, its habitat, its regarding the naming and sampling of previously identified as Kanab taxonomy, its biological needs and certain ambersnail sites mentioned in ambersnail or their habitat. potential threats, or principles of the proposed rule, but stated that this Required Determinations conservation biology. We received information did not affect the validity of responses from five peer reviewers. The the proposed action. We agree and National Environmental Policy Act thank the commenter for the additional purpose of peer review is to ensure that We have determined that detail and have added it to the record, our listing determinations are based on environmental assessments and scientifically sound data, assumptions, but do not include it in our final rule environmental impact statements, as and analyses. as it does not impact our conclusions on defined under the authority of the taxonomy. We reviewed and addressed all National Environmental Policy Act of comments we received from the peer Delisting Determination 1969 (42 U.S.C. 4321 et seq.), need not be prepared in connection with reviewers for substantive issues and Section 4 of the Act (16 U.S.C. 1533) regulations pursuant to section 4(a) of new information regarding the proposed and its implementing regulations (50 the Act. We published a notice outlining delisting of the Kanab ambersnail. The CFR part 424) set forth the procedures our reasons for this determination in the peer reviewers provided additional for listing, reclassifying, or removing Federal Register on October 25, 1983 information, clarifications, and species from the Federal Lists of (48 FR 49244). suggestions to improve the final rule, Endangered and Threatened Wildlife which we include in this rule or address and Plants. ‘‘Species’’ is defined by the Government-to-Government in the responses to comments below. Act as including any species or Relationship With Tribes One of the reviewers expressed support subspecies of fish or wildlife or plants, In accordance with the President’s for the proposed action. The other four and any distinct population segment of did not state support or opposition to memorandum of April 29, 1994 vertebrate fish or wildlife that (Government-to-Government Relations the proposed changes. All reviewers interbreeds when mature (16 U.S.C. found that, with their suggested with Native American Tribal 1532(16)). We may delist a species Governments; 59 FR 22951), Executive changes: The proposed rule was according to 50 CFR 424.11(e) if the best accurate; we provided adequate analysis Order 13175 (Consultation and available scientific and commercial data Coordination with Indian Tribal to support our proposed determination; indicate that: (1) The species is extinct; Governments), and the Department of there were no significant oversights, (2) the species does not meet the the Interior’s manual at 512 DM 2, we omissions, or inconsistencies; our definition of an endangered or a readily acknowledge our responsibility conclusions were logical and supported threatened species; or (3) the listed to communicate meaningfully with by the evidence provided; and we entity does not meet the statutory recognized Federal Tribes on a included all pertinent literature to definition of a species. government-to-government basis. In support our arguments, assumptions, For the Kanab ambersnail, we accordance with Secretarial Order 3206 and conclusions. conclude that the existing best available of June 5, 1997 (American Indian Tribal All changes suggested by reviewers scientific information demonstrates that Rights, Federal-Tribal Trust were incorporated into the text of this Oxyloma haydeni kanabensis does not Responsibilities, and the Endangered final rule. Such changes include represent a valid taxonomic entity and, Species Act), we readily acknowledge additional details of population therefore, does not meet the definition our responsibilities to work directly monitoring at all populations, an of ‘‘species’’ as defined in section 3(16) with Tribes in developing programs for explanation of the rigorous review of the Act. Therefore, Oxyloma haydeni healthy ecosystems, to acknowledge that process for USGS reports, and a kanabensis no longer warrants listing tribal lands are not subject to the same clarification on how shell morphology under the Act. The Kanab ambersnail controls as Federal public lands, to supports the conclusions in the Culver does not require a post-delisting remain sensitive to Indian culture, and et al. 2013 study. Other minor editorial monitoring plan because the to make information available to Tribes. clarifications and corrections were also requirements for a monitoring plan do The populations that were listed as made based on peer reviewer comments. not apply to species that are delisted for Kanab ambersnail do not occur on

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Tribal land. We have determined that § 17.11 [Amended] Griffin, Pacific Fishery Management while no Tribes will be directly affected ■ 2. Amend § 17.11(h) by removing the Council, at [email protected] or by this action, the delisting may result entry for ‘‘Ambersnail, Kanab’’ under 503–820–2409. in changes to the flow regime for the SNAILS from the List of Endangered SUPPLEMENTARY INFORMATION: Colorado River in and adjacent to the and Threatened Wildlife. Amendment 18 expands Section 4.5 of Grand Canyon. Several Tribes have an the CPS FMP to include the rebuilding historic affiliation with the Grand Anissa Craghead, plan for Pacific sardine. There are no Canyon and could be affected by flow Acting Regulations and Policy Chief, Division changes, should they occur. The of Policy, Economics, Risk Management, and implementing regulations associated Analytics, Joint Administrative Operations, with Amendment 18, therefore NMFS potentially impacted Tribes are the U.S. Fish and Wildlife Service. Chemehuevi, the Colorado River Indian did not promulgate proposed and final Tribes, the Hualapai, the Hopi, the [FR Doc. 2021–13257 Filed 6–23–21; 8:45 am] rules to implement this amendment. Kaibab Band of Paiute, the San Carlos BILLING CODE 4333–15–P NMFS published a Notice of Apache, the San Juan Southern Paiute, Availability for Amendment 18 on the Navajo, and the Zuni. These Tribes March 16, 2021 (86 FR 14401), and DEPARTMENT OF COMMERCE were notified in advance of the solicited public comments through May publication of the proposed rule and National Oceanic and Atmospheric 17, 2021. NMFS received five public have been informed of the finalization Administration comments in support of Amendment 18, of the delisting. one from a student and four from 50 CFR Part 660 prominent fishing industry groups. The References Cited industry groups included the California A complete list of all references cited [RTID 0648–XA797] Wetfish Producers Association, the West Coast Pelagic Conservation Group, the in this rule is available on the internet Fisheries Off West Coast States; Sportfishing Association of California, at http://www.regulations.gov under Coastal Pelagic Species Fisheries; and the West Coast Seafood Processors Docket No. FWS–R6–ES–2019–0055 or Amendment 18 to the Coastal Pelagic upon request from the Utah Ecological Species Fishery Management Plan Association. NMFS received three Services Field Office (see FOR FURTHER public comments opposing Amendment INFORMATION CONTACT). AGENCY: National Marine Fisheries 18, one from a private citizen and two Service (NMFS), National Oceanic and from the environmental non- Authors Atmospheric Administration (NOAA), governmental organization Oceana. The primary authors of this rule are Commerce. Oceana submitted two letters, one staff members of the Service’s Utah ACTION: Notification of agency decision. containing its public comment and the Ecological Services Field Office. other containing a list of names that SUMMARY: On June 14, 2021, the signed a petition campaigning against Signing Authority Regional Administrator of the West Amendment 18. NMFS summarizes and Coast Region, NMFS, with the The Director, U.S. Fish and Wildlife responds to the public comments below. concurrence of the Assistant Service, approved this document and Administrator for Fisheries, approved NMFS responded to comments related authorized the undersigned to sign and Amendment 18 to the Coastal Pelagic to NEPA compliance in the final EA submit the document to the Office of the Species Fishery Management Plan. prepared for Amendment 18 (see Federal Register for publication ADDRESSES Amendment 18 implements a rebuilding ). electronically as an official document of plan for the northern subpopulation of Comment 1: Oceana argues that by the U.S. Fish and Wildlife Service. Pacific sardine, which NMFS declared adopting the recommended Martha Williams, Principal Deputy overfished in June 2019. management strategy for the rebuilding Director Exercising the Delegated DATES: The amendment was approved plan (Alternative 1 Status Quo Authority of the Director, U.S. Fish and on June 14, 2021. Management) considered in the Wildlife Service, approved this ADDRESSES: Copies of the Coastal supporting EA for Amendment 18 (see document on June 14, 2021, for ADDRESSES), NMFS is continuing failed publication. Pelagic Species (CPS) Fishery Management Plan (FMP) as amended policies that led to the overfished List of Subjects in 50 CFR Part 17 through Amendment 18, are available at determination. Endangered and threatened species, the Pacific Fishery Management Response: This comment Exports, Imports, Reporting and Council, 7700 NE Ambassador Place, misunderstands the biology of Pacific recordkeeping requirements, Suite 101, Portland, OR 97220–1384, or sardine, the structure of the CPS FMP, Transportation. at this URL; https://www.pcouncil.org/ and the extraordinary and precautionary coastal-pelagic-species/fishery- measures that the Council has built into Regulation Promulgation management-plan-and-amendments/. the framework for managing CPS. The final Environmental Assessment Accordingly, we hereby amend part Pacific sardines are well known to (EA) prepared pursuant to the National 17, subchapter B of chapter I, title 50 of experience dramatic swings in Environmental Policy Act (NEPA) for the Code of Federal Regulations, as set abundance in response to Amendment 18 is available on NMFS’ forth below: environmental conditions, even in the website at https:// absence of fishing pressure. The recent PART 17—ENDANGERED AND www.fisheries.noaa.gov/west-coast/ population decline of Pacific sardine THREATENED WILDLIFE AND PLANTS laws-and-policies/west-coast-region- appears to be due to poor recruitment. national-environmental-policy-act- Specifically, the Southwest Fisheries ■ 1. The authority citation for part 17 documents. Science Center’s (SWFSC) 2020 stock continues to read as follows: FOR FURTHER INFORMATION CONTACT: assessment states that recruitment has Authority: 16 U.S.C. 1361–1407; 1531– Lynn Massey, Sustainable Fisheries declined since 2005–2006 except for a 1544; and 4201–4245, unless otherwise Division, NMFS, at lynn.massey@ brief period of modest recruitment noted. noaa.gov or 562–436–2462; or Kerry success in 2009–2010, with the 2011–

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