19838 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

(2) When the Governmentwide commercial open comment period. Finally, we Zoom platform. See Public Hearing, purchase card is used as the method of announce a public informational below, for more information. payment. meeting and public hearing on the Availability of supporting materials: (d) The Contractor shall submit any non- proposed listing rule and this proposed For the proposed critical habitat electronic form payment requests using the designation, the shapefiles from which method or methods specified in the contract. rule. (e) Invoices submitted through IPP will be DATES: the maps are generated are included in either rejected, or accepted and paid, in their Written comments: The comment the administrative record and are entirety, and will not be paid on a partial period on the proposed rule that available at http://www.regulations.gov basis. published January 3, 2018 (83 FR 330), under Docket No. FWS–R4–ES–2020– (f) In addition to the requirements of this is reopened. We will accept comments 0137. Any additional tools or clause, the Contractor shall meet the on that proposed rule, as well as the supporting information that we may requirements of the appropriate payment new proposals described in this develop for the critical habitat clauses in this contract when submitting document, that are received or designation may also be included in the payment requests. preamble and/or at http:// (g) If there are any additional invoice postmarked on or before June 14, 2021. instructions then please insert them below: Comments submitted electronically www.regulations.gov. lllllllllllllllllllll using the Federal eRulemaking Portal FOR FURTHER INFORMATION CONTACT: Jay (see ADDRESSES, below) must be Herrington, Field Supervisor, U.S. Fish (End of clause) received by 11:59 p.m. Eastern Time on and Wildlife Service, Florida Ecological [FR Doc. 2021–07580 Filed 4–14–21; 8:45 am] the closing date. Services Field Office, 1601 Balboa BILLING CODE 6560–50–P Public informational meeting and Avenue, Panama City, FL 32405; public hearing: We will hold a public telephone 904–731–3191; facsimile informational meeting on May 4, 2021, 904–731–3045. If you use a DEPARTMENT OF THE INTERIOR from 6 p.m. to 7:30 p.m., Central Time, telecommunications device for the deaf followed by a public hearing from 7:30 (TDD), call the Federal Relay Service at Fish and Wildlife Service p.m. to 8:30 p.m., Central Time. 800–877–8339. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: 50 CFR Part 17 on the proposed rules or draft economic Executive Summary [Docket Nos. FWS–R4–ES–2017–0061 and analysis by one of the following FWS–R4–ES–2020–0137; FF09E2100 methods: Why we need to publish a rule. Under FXES11110900000 212] (1) Electronically: Go to the Federal section 4(d) of the Act, whenever any eRulemaking Portal: http:// species is listed as a threatened species, RIN 1018–BC14; 1018–BD50 www.regulations.gov. In the Search box, we are required to issue any regulations Endangered and Threatened Wildlife enter Docket No. FWS–R4–ES–2017– deemed necessary and advisable to and Plants; Threatened Species 0061 for the proposed listing, or FWS– provide for the conservation of such Status, Section 4(d) Rule, and R4–ES–2020–0137 for the proposed 4(d) species. Also, any species that is Designation of Critical Habitat for rule and critical habitat designation determined to be endangered or Panama City Crayfish (including the associated draft economic threatened under the Act requires analysis), which are the docket numbers critical habitat to be designated, to the AGENCY: Fish and Wildlife Service, for the rulemakings. Then, click on the maximum extent prudent and Interior. Search button. On the resulting page, in determinable. The Panama City crayfish ACTION: Proposed rule; reopening of the Search panel on the left side of the is proposed as a threatened species comment period and announcement of screen, under the Document Type under the Act, and this document public hearing. heading, check the Proposed Rule box to proposes regulations we deem necessary locate the correct document. You may and advisable under section 4(d) of the SUMMARY: We, the U.S. Fish and submit a comment by clicking on Act, and also proposes to designate Wildlife Service (Service), reopen the ‘‘Comment Now!’’ critical habitat. Designations and public comment period on the proposed (2) By hard copy: Submit by U.S. mail revisions of critical habitat can only be rule to list the Panama City crayfish to: Public Comments Processing, Attn: completed by issuing a rule. In light of (Procambarus econfinae) as a threatened [Docket No. FWS–R4–ES–2017–0061 for the time that has passed since the species under the Endangered Species the proposed listing, or FWS–R4–ES– publication of the proposed listing rule Act of 1973, as amended (Act); propose 2020–0137 for the proposed 4(d) rule and the receipt of new scientific a rule issued under section 4(d) of the and critical habitat designation information, we are also reopening the Act (‘‘4(d) rule’’) for the species; and (including the associated draft economic comment period for the proposed listing propose to designate critical habitat for analysis)], U.S. Fish and Wildlife rule. the Panama City crayfish under the Act. Service, MS: PRB/3W, 5275 Leesburg What this document does. We are In total, approximately 7,177 acres Pike, Falls Church, VA 22041–3803. concurrently reopening the comment (2,904 hectares) in Bay County, Florida, We request that you send comments period for the proposed listing rule, fall within the boundaries of the only by the methods described above. proposing a 4(d) rule, and proposing to proposed critical habitat designation, all We will post all comments on http:// designate critical habitat for the Panama of which are currently occupied by the www.regulations.gov. This generally City crayfish. A draft economic analysis species. We also announce the means that we will post any personal on impacts expected from the critical availability of a draft economic analysis information you provide us (see habitat proposal is also available. (DEA) for the proposed designation of Information Requested, below, for more The basis for our action. Under the critical habitat for the Panama City information). Act, we may determine that a species is crayfish. We will accept comments on Public informational meeting and an endangered or threatened species the proposed listing, 4(d) rule, and public hearing: The public because of any of five factors: (A) The critical habitat designation, as well as informational meeting and the public present or threatened destruction, the draft economic analysis, during the hearing will be held virtually using the modification, or curtailment of its

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19839

habitat or range; (B) overutilization for memorandum updating and clarifying (b) The present or threatened commercial, recreational, scientific, or the role of peer review of listing actions destruction, modification, or educational purposes; (C) disease or under the Act, we sought the expert curtailment of a species’ habitat or range predation; (D) the inadequacy of opinions of nine appropriate specialists is not a threat to the species, or threats existing regulatory mechanisms; or (E) regarding version 1.1 of the species to the species’ habitat stem solely from other natural or manmade factors status assessment (SSA) report, and four causes that cannot be addressed through affecting its continued existence. Our appropriate specialists regarding version management actions resulting from proposed rule identified habitat loss and 2.0 of the SSA report. We received consultations under section 7(a)(2) of fragmentation from development (Factor responses from four specialists for each the Act; A) as a primary threat to the Panama version (total of eight peer reviews), (c) Areas within the jurisdiction of the City crayfish, making the species which informed this proposed rule. The United States provide no more than warranted for protection as a threatened purpose of peer review is to ensure that negligible conservation value, if any, for species under the Act. our listing determinations, critical a species occurring primarily outside The Act provides a specific list of habitat designations, and 4(d) rules are the jurisdiction of the United States; or prohibitions for endangered species based on scientifically sound data, (d) No areas meet the definition of under section 9, but the Act does not assumptions, and analyses. The peer critical habitat. automatically extend these same reviewers have expertise in the species’ (4) Specific information on: prohibitions to threatened species. biology, habitat, and response to threats. (a) The amount and distribution of Under section 4(d), the Act instructs the Panama City crayfish habitat; Secretary of the Interior (Secretary) to Information Requested (b) What areas, that are occupied at issue any protective regulations deemed We intend that any final action the time of listing and that contain the necessary and advisable for the resulting from this proposed rule will be physical or biological features essential conservation of threatened species. It based on the best scientific and to the conservation of the species, also indicates the Secretary may extend commercial data available and be as should be included in the designation some or all of the prohibitions in section accurate and as effective as possible. and why; 9 to threatened species. We are Therefore, we request comments or (c) Special management proposing a 4(d) rule that specifically information from other government considerations or protection that may be tailors measures that provide for the agencies, Native American Tribes, the needed in critical habitat areas we are conservation of the Panama City scientific community, industry, or any proposing, including managing for the crayfish. other interested party concerning this potential effects of climate change; Section 4(a)(3) of the Act requires the proposed rule. We particularly seek (d) What areas not occupied at the Secretary to designate critical habitat comments concerning: time of listing are essential for the concurrent with listing to the maximum (1) The historical and current status conservation of the species and why; extent prudent and determinable. and distribution of the Panama City (e) Information about conservation Section 3(5)(A) of the Act defines crayfish, its biology and ecology, efforts that may affect proposed critical critical habitat as (i) the specific areas specific threats (or lack thereof) and habitat areas; and within the geographical area occupied regulations that may be addressing those (f) Information about the proposed by the species, at the time it is listed, threats and ongoing conservation 100-meter (328-foot) buffer within on which are found those physical or measures for the species and its habitat. secondary soils, and whether we should biological features (I) essential to the (2) Information relevant to the factors consider increasing or decreasing that conservation of the species and (II) that are the basis for making a listing buffer. which may require special management determination for a species under (5) Land use designations and current considerations or protections; and (ii) section 4(a) of the Act, which are: or planned activities in the subject areas specific areas outside the geographical (a) The present or threatened and their possible impacts on proposed area occupied by the species at the time destruction, modification, or critical habitat. it is listed, upon a determination by the curtailment of the species’ habitat or (6) Information on the projected and Secretary that such areas are essential range; reasonably likely impacts of climate for the conservation of the species. (b) Overutilization for commercial, change on the Panama City crayfish and Section 4(b)(2) of the Act states that the recreational, scientific, or educational proposed critical habitat. Secretary must make the designation on purposes; (7) Any probable economic, national the basis of the best scientific data (c) Disease or predation; security, or other relevant impacts of available and after taking into (d) The inadequacy of existing designating any area that may be consideration the economic impact, the regulatory mechanisms; or included in the final designation, and impact on national security, and any (e) Other natural or manmade factors the benefits of including or excluding other relevant impacts of specifying any affecting its continued existence and specific areas. particular area as critical habitat. threats to the species or its habitat. (8) Information on the extent to which We prepared an economic analysis of (3) The reasons why we should or the description of probable economic the proposed designation of critical should not designate habitat as ‘‘critical impacts in the draft economic analysis habitat. In order to consider economic habitat’’ under section 4 of the Act (16 is a reasonable estimate of the likely impacts, we prepared an analysis of the U.S.C. 1531 et seq.), including economic impacts and the description economic impacts of the proposed information to inform the following of the environmental impacts in the critical habitat designation. We hereby factors that the regulations identify as draft environmental assessment is announce the availability of the draft reasons why designation of critical complete and accurate, especially in economic analysis and seek public habitat may be not prudent: light of impacts from Hurricane Michael review and comment. (a) The species is threatened by taking in October 2018. Peer review. In accordance with our or other human activity and (9) Whether any specific areas we are joint policy on peer review published in identification of critical habitat can be proposing for critical habitat the Federal Register on July 1, 1994 (59 expected to increase the degree of such designation should be considered for FR 34270), and our August 22, 2016, threat to the species; exclusion under section 4(b)(2) of the

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19840 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

Act, and whether the benefits of Because we will consider all crayfish as a threatened species (83 FR potentially excluding any specific area comments and information we receive 330) and to provide interested parties an outweigh the benefits of including that during the comment period, our final opportunity to ask questions about the area under section 4(b)(2) of the Act. determinations may differ from this proposed 4(d) rule and proposed (10) Whether we could improve or proposal. Based on the new information designation of critical habitat. The modify our approach to designating we receive (and any comments on that public hearing will provide interested critical habitat in any way to provide for new information), we may conclude that parties an opportunity to present verbal greater public participation and the species is endangered instead of testimony (formal, oral comments) understanding, or to better threatened, or we may conclude that the regarding the January 3, 2018, proposed accommodate public concerns and species does not warrant listing as either rule to list the Panama City crayfish as comments. an endangered species or a threatened a threatened species (83 FR 330), the species. In addition, we may change the (11) Information on regulations that proposed 4(d) rule, and the proposed parameters of the prohibitions or the are necessary and advisable to provide designation of critical habitat. While the exceptions to those prohibitions if we for the conservation of the Panama City public informational meeting will be an crayfish and that the Service can conclude it is appropriate in light of comments and new information opportunity for dialogue with the consider in developing a 4(d) rule for Service, the public hearing is not: It is the species. In particular, information received. For example, we may expand a forum for accepting formal verbal concerning the extent to which we the incidental-take prohibitions to testimony. In the event there is a large should include any of the section 9 include prohibiting additional activities attendance, the time allotted for oral prohibitions in the 4(d) rule or whether if we conclude that those additional statements may be limited. Therefore, any other forms of take should be activities are not compatible with excepted from the prohibitions in the conservation of the species. Conversely, anyone wishing to make an oral 4(d) rule. we may establish additional exceptions statement at the public hearing for the Please include sufficient information to the incidental-take prohibitions in the record is encouraged to provide a with your submission (such as scientific final rule if we conclude that the prepared written copy of their statement journal articles or other publications) to activities would facilitate or are to us through the Federal eRulemaking allow us to verify any scientific or compatible with the conservation and Portal, or U.S. mail (see ADDRESSES, commercial information you include. recovery of the species. For critical above). There are no limits on the length Please note that submissions merely habitat, our final designation may not of written comments submitted to us. stating support for, or opposition to, the include all areas proposed, may include Anyone wishing to make an oral action under consideration without some additional areas, and may exclude statement at the public hearing must providing supporting information, some areas if we find the benefits of register before the hearing (http:// although noted, will not be considered exclusion outweigh the benefits of www.fws.gov/panamacity). The use of a in making a determination, as section inclusion. virtual public hearing is consistent with 4(b)(1)(A) of the Act directs that Public Hearing our regulations at 50 CFR 424.16(c)(3). determinations as to whether any We are holding a public informational Reasonable Accommodation species is an endangered or a threatened meeting followed by a public hearing on species must be made ‘‘solely on the the date and at the time listed in DATES. The Service is committed to providing basis of the best scientific and We are holding the public informational access to the public informational commercial data available.’’ Comments meeting and public hearing via the meeting and public hearing for all previously submitted need not be Zoom online video platform and via participants. Closed captioning will be resubmitted, as they will be fully teleconference so that participants can available during the public considered in preparation of the final attend remotely. For security purposes, informational meeting and public rule. registration is required. To listen and hearing. Further, a full audio and video You may submit your comments and view the meeting and hearing via Zoom, recording and transcript of the public materials concerning this proposed rule listen to the meeting and hearing by hearing will be posted online at http:// by one of the methods listed in telephone, or provide oral public www.fws.gov/panamacity after the ADDRESSES. We request that you send comments at the public hearing by hearing. Participants will also have comments only by the methods Zoom or telephone, you must register. access to live audio during the public described in the ADDRESSES. For information on how to register, or if informational meeting and public If you submit information via http:// you encounter problems joining Zoom hearing via their telephone or computer www.regulations.gov, your entire the day of the meeting, visit http:// speakers. Persons with disabilities submission—including any personal www.fws.gov/panamacity. Registrants requiring reasonable accommodations to identifying information—will be posted will receive the Zoom link and the participate in the meeting and/or on the website. If your submission is telephone number for the public made via a hardcopy that includes informational meeting and public hearing should contact the person listed FOR FURTHER INFORMATION personal identifying information, you hearing. If applicable, interested under may request at the top of your document members of the public not familiar with CONTACT at least 5 business days prior that we withhold this information from the Zoom platform should view the to the date of the meeting and hearing public review. However, we cannot Zoom video tutorials (https:// to help ensure availability. An guarantee that we will be able to do so. support.zoom.us/hc/en-us/articles/ accessible version of the Service’s We will post all hardcopy submissions 206618765-Zoom-video-tutorials) prior public informational meeting on http://www.regulations.gov. to the public informational meeting and presentation will also be posted online Comments and materials we receive, public hearing. at http://www.fws.gov/panamacity prior as well as supporting documentation we We are holding the public to the meeting and hearing (see DATES, used in preparing this proposed rule, informational meeting to present above). See http://www.fws.gov/ will be available for public inspection information about the January 3, 2018, panamacity for more information about on http://www.regulations.gov. proposed rule to list the Panama City reasonable accommodation.

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19841

Previous Federal Actions 2007; Integrated Taxonomic Information sites with permanent, deep-water All previous Federal actions are System 2017). ponds), the Panama City crayfish described in the proposal to list the The life history of the Panama City appears to select favorable areas Panama City crayfish as a threatened crayfish specifically is not well known. dominated by herbaceous vegetation, species under the Act published in the Cambarid crayfish may live about 2.5 to with shallow or fluctuating water levels Federal Register on January 3, 2018 (83 3 years (Hobbs 2001, p. 977), with a (FWC 2016, p. 3; Keppner and Keppner FR 330). generation period of 2 years. For this 2005). family of crayfish, the majority breed The Panama City crayfish relies on Supporting Documents more than once, with mating among particular soil types for burrow A species status assessment (SSA) mature yearlings frequent; however, construction and supporting the team prepared an SSA report for the many individuals do not become herbaceous vegetation; these soil types Panama City crayfish. The SSA team sexually active until late summer or fall. are categorized as core or secondary was composed of Service biologists, in Females may produce between 30 and soils. Core soils provide the best consultation with other species experts. 160 eggs and have been found with eggs substrate to support the species; The SSA report represents a and/or young from March through secondary soils are less ideal but still compilation of the best scientific and September. Juveniles are most used. The core and secondary soil types commercial data available concerning frequently found in the summer and that support Panama City crayfish the status of the species, including the have been observed through December, within the species’ known range are impacts of past, present, and future so young appear to be produced from at described in more detail in the SSA factors (both negative and beneficial) least March through December. report (Service 2019, pp. 23–24). affecting the species. The Service sent Juveniles can be carried overland by Panama City crayfish build burrows version 1.1 of the SSA report to nine moving water during rainy periods, for shelter, which are normally in or independent peer reviewers and which aids in dispersal (Keppner and adjacent to surface water when it is received four responses. The Service Keppner 2002, p. 11). present on the hydric soils they inhabit also sent the SSA report to two Eight crayfish species occur within (Hobbs 1981). They construct burrows academic partners for review, and we the range of the Panama City crayfish, that contact the water table as the received review from both partners. The although only the hatchet crayfish, surface water of their habitat recedes, Service sent version 2.0 of the SSA Procambarus kilbyi, and the jackknife and they occupy burrows when surface report to four peer reviewers and crayfish, Procambarus hubbelli, are water is absent or during periods of received four responses. found in the same habitat as the Panama extreme water temperatures. They City crayfish and may co-occur with it emerge from the burrows when surface Background (FWC 2017). The Panama City crayfish water is present again or water It is our intent to discuss in this is not known to hybridize with other temperatures are favorable. It appears document only those topics directly species of crayfish. that they can survive significant periods relevant to the new scientific Historically, the species inhabited of drought in their burrows when they information procured and analyzed natural and often temporary bodies of can maintain contact with the water since the proposed listing rule’s shallow fresh water within open pine table. During these dry periods, the publication, in addition to discussing flatwoods and wet prairie-marsh Panama City crayfish excavates and the proposed section 4(d) rule and communities. However, most of these lives in unbranched burrows up to 3 feet designation of critical habitat for the communities have been cleared for long that extend down to the water Panama City crayfish. For more residential or commercial development table, thereby enabling the species to information on the Panama City crayfish or replaced with slash pine plantations. remain adequately hydrated and survive generally, refer to the proposed listing The Panama City crayfish currently (FWC 2016, p. 3). rule published in the Federal Register inhabits the waters of grassy, gently Little is known about the specific on January 3, 2018 (83 FR 330). A sloped ditches and swales, slash pine feeding habits of the Panama City thorough review of the taxonomy, life plantations, utility rights-of-way, and a crayfish. Observations on Panama City history, and ecology of the Panama City few remnant parcels protected under crayfish that were held in aquaria crayfish (Procambarus econfinae) is wetland and private easements (FWC spanning 1.5 plus years (Keppner 2014, presented in the revised SSA report, 2016, p. 2). entire) indicate that they are detritivores version 2.0 (Service 2019). The highest densities of Panama City and herbivores. Specimens were offered crayfish have been recorded in areas dead animal material, but they avoided Species Description with little to no shrub or tree cover it in favor of processing the substrate for The Panama City crayfish is a small, (FWC 2016, p. 2). Suitable habitat is particles of prepared fish food and the semi-terrestrial crayfish that grows to normally dominated by herbaceous fresh aquatic vegetation that were about 2 inches (in) (50.8 millimeters vegetation. Lowest population densities provided as primary food sources. (mm)) in length (minus claws), and is have occurred in small, open sites Herbaceous vegetation likely serves as a found in south-central Bay County, where shrubs or trees were present, or food source for the Panama City Florida. The species’ color pattern in the furrows between bedding rows in crayfish. consists of a medium dark-brown some pine plantations (Keppner and The Panama City crayfish historically background color, lighter brown mid- Keppner 2005). When encountered in ranged throughout south-central Bay dorsal stripe, and darker brown dense titi (Cyrilla racemiflora and County, Florida, within a 56-square- dorsolateral stripes (FWC 2016, p. 1). Cliftonia monophylla) swamps, the mile area (see figure, below). The The Panama City crayfish was first species was associated with temporarily historical range likely created one described by Hobbs in 1942 from Bay inundated areas open to the sun with population connected by core and County, Panama City, Florida. some herbaceous vegetation. Such sites secondary soils. As urban growth came Currently, the Panama City crayfish is may be considered secondary or to Panama City, the range became classified in the family Cambaridae and suboptimal habitat for the species. On fragmented and isolated patches. Today, is considered a valid taxon by the sites where mixed habitat features are the species has 12 localized populations scientific community (Taylor et al. 1996, present (e.g., partially wooded sites or that can be divided into two distinct

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19842 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

groups: The western and eastern group. populations are described in more detail Minnesota, Edwards, Transmitter West, The western group includes eight in the SSA report (Service 2019, pp. 37– College Point, Deer Point, High Point, populations, and the eastern group 52), and are referred to as 19th Street, Star, and Transmitter East. includes four populations. The 12 Old Airport, 390 West, Talkington, BILLING CODE 4333–15–P

Wlstmgton Wd:on

6 PCCRange

Figure: Range of the Panama City crayfish.

BILLING CODE 4333–15–C managed within at least seven our estimated population sizes at three Conservation Strategy population units should ensure the sites (19th Street, Transmitter West, Panama City crayfish remains viable for Talkington) have ranged from 34 to 623 We developed a conservation strategy the foreseeable future. This acreage Panama City crayfish in overall habitat for Panama City crayfish to identify amount is based on a minimum viable areas ranging from 3 to 232 acres (1.2 to critical conservation needs (Service population size (MVP) for Panama City 93.9 hectares). Population estimates 2017, entire). In this conservation crayfish of 5,137 individuals. ranged from 3 to 9 crayfish per acre, strategy, we rely on the known Applying the MVP of 5,137 which would equate to 6,600 to 19,800 persistence over time of small individuals to an estimate of Panama Panama City crayfish if applied across populations and published meta- City crayfish population density gives the currently occupied range of the analysis (Traill 2007, entire) to estimate us an estimate of the minimum viable species. that 2,200 acres of actively managed habitat area required to support highly The Panama City crayfish needs habitat permanently protected and resilient crayfish populations. Thus far, multiple resilient populations spread

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.000 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19843

across its range to avoid extinction, Subsequent to the proposed listing, development, which is the primary although how much redundancy among Hurricane Michael made landfall in threat to the Panama City crayfish. populations is often uncertain. We Panama City, Florida, on October 10, Additionally, population management currently estimate that 2,200 acres (890 2018. A quick assessment was measures (e.g., translocation) detailed in hectares) of permanently protected conducted a few weeks post-storm by this scenario should improve the genetic Panama City crayfish habitat would the Florida Fish and Wildlife health and population size of several sustain the viability of multiple (up to Commission (FWC) (FWC 2018, entire), managed populations. Finally, 7) populations depending on habitat noting downed trees and difficulty for improved monitoring and applied quality. We estimate that protecting at mowing maintenance activities in research agreed to by the Service and least four large core populations with Panama City crayfish habitats. Power FWC should also improve our between 200 and 800 acres (81 and 324 outages from the storm necessitated use knowledge of the status of each hectares) within each population, in of heavy equipment in powerline population to better adjust management addition to three smaller populations habitat areas, resulting in extensive actions as needed in the future. (less than 200 acres (81 hectares) in rutting and soil compaction in Panama size), to be managed with fire or City crayfish habitat. Despite Bay County staff and staff with the mowing every 2 to 3 years, along with widespread impacts to many areas post- Florida Department of Transportation a plan to restore existing conservation storm, preliminary mark-recapture (FDOT) have taken the initiative to easements that have suitable soils for survey efforts did not show any expedite conservation of the Panama the crayfish will sustain the crayfish reduction in Panama City crayfish City crayfish. These efforts, when into the future (Service 2017, entire). population size estimates compared to merged with a longstanding partnership While additional field studies should pre-storm estimates. between the FWC and the Service, help to refine this estimate, we The future condition tables and provide the potential for a significant determined the conservation goal of subsequent interpretations were revised change in the outlook on the future 2,200 acres that are permanently based on new analysis (Service 2019, status of the Panama City crayfish. The protected (890 hectares) would support pp. 79–93). In summary, the overall prospect of a large acquisition of land to Panama City crayfish for the foreseeable estimate of the Panama City crayfish’s protect the species from its primary future. However, at this time, resiliency remains low across the agreements are not in place to ensure threat of habitat loss through majority of its geographic range, the necessary protections, and we do development is being considered by particularly in the urbanized western not have certainty about whether and those who have a stake in the portion. As a result, Panama City where, or in what configuration, those conservation of the Panama City crayfish may become extirpated from protections may occur on the landscape. crayfish. Along with a variety of habitat the vast majority of its range. Future management commitments to be New Information Regarding Species development will likely result in low implemented by, or with the oversight Status Assessment resiliency, redundancy, and of, FWC, the Service, and local partners, On January 3, 2018, we proposed to representation across 70 percent of the this could provide a substantial and list the Panama City crayfish as a species’ range by 2030. However, as immediate benefit to a species that is described below, if the remainder (i.e., threatened species (83 FR 330). We experiencing rapid declines in its small eastern portion) is protected from accepted comments on the proposal for remaining habitat areas. 60 days, ending on March 5, 2018. development and conservation efforts Based on information we received are focused in the less developed habitat We have carefully assessed this new during the public comment period, we areas, the species is predicted to sustain scientific and commercial information revised the analysis in our SSA report populations in the wild for the in light of the past, present, and future (version 2.0, Service 2019, entire). See foreseeable future. The most notable threats to the Panama City crayfish. Our Appendix IV of the report for details revision to the SSA report is the analysis of this information indicates regarding the changes made from inclusion of a new conservation that, at the species level, habitat version 1.1 to version 2.0 (Service 2019, scenario for our analysis of future development continues to be the p. 114). Notably, new genetic conditions (Service 2019, pp. 93–98). primary factor affecting the Panama City information was incorporated into the This conservation scenario is based on crayfish now and into the future. the conservation strategy that includes analysis resulting in the 231-north Based on our analysis of the species’ permanent protection and management population being combined with the current and future conditions, we of approximately 2,200 acres (890 Star population because they were conclude that the population and found to be not genetically distinct; that hectares) of habitat across seven habitat factors used to determine the combined population is now referred to populations (Service 2017, entire). The as the Star Avenue population (Duncan predicted outcomes of the conservation resiliency, representation, and et al. 2017, entire). In addition, several scenario are straightforward, with redundancy for Panama City crayfish of the names of the populations were populations with higher resiliency will continue to decline so that it is modified to better reflect location continuing to maintain or have likely that the species will become in information. improved resiliency in the future as danger of extinction within the Based on comments received, the land management efforts improve. foreseeable future throughout its range. current condition analysis was revised Although anticipated habitat protection Therefore, on the basis of the best to adjust population factors and add and habitat management will not available scientific and commercial information on mark-recapture immediately change any of the overall information, we affirm our proposed population estimates. Additionally, the current condition ranks, it should, when listing of the Panama City crayfish as a habitat ranking analysis was revised coupled with the population threatened species in accordance with based on information provided during management measures agreed to by sections 3(20) and 4(a)(1) of the Act. peer review, resulting in revised current FWC and the Service, ensure that habitat conditions for several of the populations with high resiliency will populations (Service 2019, pp. 61–62). remain so regardless of future

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19844 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

Proposed Rule Issued Under Section of such species’’ (H.R. Rep. No. 412, along with the effects of climate change, 4(d) of the Act for the Panama City 93rd Cong., 1st Sess. 1973). were central to our assessment of the Crayfish Exercising this authority under the future viability of the Panama City Act’s section 4(d), we have developed a crayfish. Background proposed rule that is designed to Under the Act, ‘‘take’’ means to Section 4(d) of the Act contains two address the Panama City crayfish’s harass, harm, pursue, hunt, shoot, sentences. The first sentence states that specific threats and conservation needs. wound, kill, trap, capture, or collect, or the Secretary shall issue such Although the statute does not require us to attempt to engage in any such regulations as he deems necessary and to make a ‘‘necessary and advisable’’ conduct. Some of these provisions have advisable to provide for the finding with respect to the adoption of been further defined in regulations at 50 conservation of species listed as specific prohibitions under section 9, CFR 17.3. Take can result knowingly or threatened. The U.S. Supreme Court has we find that this rule as a whole satisfies otherwise, by direct and indirect noted that statutory language like the requirement in section 4(d) of the impacts, intentionally or incidentally. ‘‘necessary and advisable’’ demonstrates Act to issue regulations deemed Regulating incidental and intentional a large degree of deference to the agency necessary and advisable to provide for take would help preserve the species’ (see Webster v. Doe, 486 U.S. 592 the conservation of the Panama City remaining populations, slow their rate (1988)). Conservation is defined in the crayfish. As described in the Summary of decline, and decrease synergistic, Act to mean the use of all methods and of Biological Status and Threats section negative effects from other stressors. procedures which are necessary to bring of the proposed listing rule (83 FR 330; Therefore, we propose to prohibit any endangered species or threatened January 3, 2018), we concluded that the intentional and incidental take of the species to the point at which the Panama City crayfish is likely to become Panama City crayfish, except for those measures provided pursuant to the Act in danger of extinction within the actions and activities specifically are no longer necessary. Additionally, foreseeable future primarily due to excepted by the 4(d) rule. the second sentence of section 4(d) of habitat loss and degradation, habitat We may issue permits to carry out the Act states that the Secretary may by fragmentation, and subpopulation otherwise prohibited activities, regulation prohibit with respect to any isolation due to development. including those described above, threatened species any act prohibited The provisions of this proposed 4(d) involving threatened wildlife under under section 9(a)(1), in the case of fish rule would promote conservation of the certain circumstances. Regulations or wildlife, or section 9(a)(2), in the case Panama City crayfish by encouraging governing permits for threatened of plants. Thus, the combination of the management of the landscape in ways wildlife are codified at 50 CFR 17.32. two sentences of section 4(d) provides that meet the conservation needs of the With regard to threatened wildlife, a the Secretary with wide latitude of Panama City crayfish and are consistent permit may be issued for the following discretion to select and promulgate with land management considerations. purposes: For scientific purposes, to appropriate regulations tailored to the The provisions of this proposed rule are enhance the propagation or survival of specific conservation needs of the one of many tools that we would use to the species, for economic hardship, for threatened species. The second sentence promote the conservation of the Panama zoological exhibition, for educational grants particularly broad discretion to City crayfish. This proposed 4(d) rule purposes, for incidental taking, or for the Service when adopting the would apply only if and when we special purposes consistent with the prohibitions under section 9. finalize the listing of the Panama City purposes of the Act. There are also The courts have recognized the extent crayfish as a threatened species. certain statutory exemptions from the of the Secretary’s discretion under this prohibitions, which are found in Provisions of the Proposed 4(d) Rule standard to develop rules that are sections 9 and 10 of the Act. appropriate for the conservation of a This proposed 4(d) rule would The proposed 4(d) rule would also species. For example, courts have provide for the conservation of the provide for the conservation of the upheld rules developed under section Panama City crayfish by prohibiting the species by allowing exceptions to 4(d) as a valid exercise of agency following activities, except as otherwise actions and activities that, while they authority where they prohibited take of authorized or permitted: Importing or may have some minimal level of threatened wildlife or include a limited exporting; take; possession and other disturbance or take to the Panama City taking prohibition (see Alsea Valley acts with unlawfully taken specimens; crayfish, are not expected to rise to the Alliance v. Lautenbacher, 2007 U.S. delivering, receiving, transporting, or level that would negatively impact the Dist. Lexis 60203 (D. Or. 2007); shipping in interstate or foreign species’ conservation and recovery Washington Environmental Council v. commerce in the course of commercial efforts. The proposed exceptions to National Marine Fisheries Service, 2002 activity; or selling or offering for sale in these prohibitions include conservation U.S. Dist. Lexis 5432 (W.D. Wash. interstate or foreign commerce. efforts by the Service or State wildlife 2002)). Courts have also upheld 4(d) Multiple factors are affecting the agencies, and certain development rules that do not address all of the status of the Panama City crayfish, with practices, select land management threats a species faces (see State of the primary threats resulting in habitat activities, and some utility actions Louisiana v. Verity, 853 F.2d 322 (5th loss and degradation, habitat (described below) that are expected to Cir. 1988)). As noted in the legislative fragmentation, and population isolation. have negligible impacts to the Panama history when the Act was initially A range of activities have the potential City crayfish and its habitat. enacted, ‘‘once an animal is on the to affect these species, including The first exception is for conservation threatened list, the Secretary has an farming and grazing practices, improper and restoration efforts for listed species almost infinite number of options silvicultural practices, creation of by the Service or State wildlife agencies, available to him with regard to the roadside ditches, rights-of-way, including, but not limited to, collection permitted activities for those species. He development of residential or of broodstock, tissue collection for may, for example, permit taking, but not commercial properties, and collection genetic analysis, captive propagation, importation of such species, or he may for bait (Service 2019, pp. 65–66). These and subsequent stocking into choose to forbid both taking and threats, which are expected to be unoccupied areas within the historical importation but allow the transportation exacerbated by continued development range of the species, and follow-up

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19845

monitoring. The proposed 4(d) rule herbaceous groundcover; and paths improve habitat conditions for the would allow take of the Panama City used for nonmotorized activities as long species in the long term. crayfish without a permit by any as the project footprint, including Nothing in this proposed 4(d) rule employee or agent of the Service or a construction impacts, impacts no more would change in any way the recovery State conservation agency designated by than 5 percent of the acreage in core or planning provisions of section 4(f) of the the agency for such purposes and when secondary soils within properties under Act, the consultation requirements acting in the course of their official a conservation easement. under section 7 of the Act, or the ability duties if such action is necessary to aid The third exception is for select land of the Service to enter into partnerships a sick, injured, or orphaned specimen; management activities related to for the management and protection of to dispose of a dead specimen; or to silvicultural (forestry) activities and the Panama City crayfish. However, salvage a dead specimen which may be invasive species control that help interagency cooperation may be further useful for scientific study. maintain habitat for Panama City streamlined through planned We recognize our special and unique crayfish and agricultural maintenance programmatic consultations for the relationship with our State natural activities, that have de minimus effects. species between Federal agencies and resource agency partners in contributing Silviculture activities within secondary the Service, where appropriate. We ask to conservation of listed species. State soils including tree thinning, harvest the public, particularly State agencies agencies often possess scientific data (including clearcutting), site and other interested stakeholders that and valuable expertise on the status and preparation, planting, and replanting may be affected by the proposed 4(d) distribution of endangered, threatened, following state best management rule, to provide comments and and candidate species of wildlife and practices (BMPs) (FDACS 2008, entire) suggestions regarding additional plants. State agencies, because of their are excepted as the species has persisted guidance and methods that the Service authorities and their close working in lands under timber management could provide or use, respectively, to relationships with local governments where native groundcover species streamline the implementation of this and landowners, are in a unique recolonize naturally. Prescribed proposed 4(d) rule (see Information position to assist the Services in burning, wildfire control efforts, Requested, above). implementing all aspects of the Act. In herbicide applications targeting exotic this regard, section 6 of the Act provides Proposed Critical Habitat plants or shrub species are excepted Determination that the Services shall cooperate to the when following all other state and maximum extent practicable with the federal BMPs or permits associated with Background States in carrying out programs these actions. Finally, agricultural authorized by the Act. Therefore, any Critical habitat is defined in section 3 maintenance activities in pasture and of the Act as: qualified employee or agent of a State rangelands (including cattle operations) conservation agency that is a party to a (1) The specific areas within the that were established prior to cooperative agreement with the Service geographical area occupied by the publication of the proposed listing rule in accordance with section 6(c) of the species, at the time it is listed in (January 3, 2018) that do not have Act, who is designated by his or her accordance with the Act, on which are indirect impacts to adjacent Panama agency for such purposes, would be able found those physical or biological City crayfish habitat will be excepted. to conduct activities designed to features. conserve the Panama City crayfish that The fourth exception is for some (a) Essential to the conservation of the may result in otherwise prohibited take utility actions that are expected to have species, and without additional authorization. In minimal impacts to the Panama City (b) Which may require special addition, Federal and State wildlife law crayfish or its habitat. These include management considerations or enforcement officers, working in ditch mowing and maintenance protection; and coordination with Service field office activities outside of critical habitat (2) Specific areas outside the personnel, may possess, deliver, carry, units, or ditch mowing and maintenance geographical area occupied by the transport, or ship Panama City crayfish within critical habitat units after species at the time it is listed, upon a taken in violation of the Act as coordination with the local FWS office. determination that such areas are necessary. Culvert replacements or maintenance essential for the conservation of the The second exception is for certain that do not adversely affect, but improve species. development activities that will have or restore, the natural hydrology are Our regulations at 50 CFR 424.02 negligible or beneficial effects on the excepted. In coordination with the local define the geographical area occupied Panama City crayfish and its habitat, FWS office, the following are excepted: by the species as an area that may including: Maintenance of existing Maintenance of rights-of-way, powerline generally be delineated around species’ structures and construction or and pole placements and replacements, occurrences, as determined by the reconstruction activities that occur and directional boring by utility owners. Secretary (i.e., range). Such areas may within the existing footprint of We reiterate that these actions and include those areas used throughout all previously developed areas; new activities may have some minimal level or part of the species’ life cycle, even if structures that occur within 100 feet of of take of the Panama City crayfish, but not used on a regular basis (e.g., existing structures on an individual any such take is expected to be rare and migratory corridors, seasonal habitats, private landowner’s property and with a insignificant, and is not expected to and habitats used periodically, but not new footprint less than 1,000 square feet negatively impact the species’ solely by vagrant individuals). (ft2), such as a pool or shed associated conservation and recovery efforts. We Conservation, as defined under with an existing house; culvert expect the restoration activities to have section 3 of the Act, means to use and installations for individual landowners a net beneficial effect on the species. the use of all methods and procedures not associated with larger Across the species’ range, habitat has that are necessary to bring an developments; installation of platforms been degraded and fragmented by endangered or threatened species to the or boardwalks for recreational purposes development and land use changes. The point at which the measures provided on conservation lands that allow habitat restoration activities in the pursuant to the Act are no longer sunlight of sufficient levels to maintain proposed 4(d) rule are intended to necessary. Such methods and

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19846 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

procedures include, but are not limited geological features, prey, vegetation, that may have been developed for the to, all activities associated with symbiotic species, or other features. A species; the recovery plan for the scientific resources management such as feature may be a single habitat species; articles in peer-reviewed research, census, law enforcement, characteristic or a more complex journals; conservation plans developed habitat acquisition and maintenance, combination of habitat characteristics. by States and counties; scientific status propagation, live trapping, and Features may include habitat surveys and studies; biological transplantation, and, in the characteristics that support ephemeral assessments; other unpublished extraordinary case where population or dynamic habitat conditions. Features materials; or experts’ opinions or pressures within a given ecosystem may also be expressed in terms relating personal knowledge. cannot be otherwise relieved, may to principles of conservation biology, Habitat is dynamic, and species may include regulated taking. such as patch size, distribution move from one area to another over Critical habitat receives protection distances, and connectivity. time. We recognize that critical habitat under section 7 of the Act through the Under the second prong of the Act’s designated at a particular point in time requirement that Federal agencies definition of critical habitat, we can may not include all of the habitat areas ensure, in consultation with the Service, designate critical habitat in areas that we may later determine are that any action they authorize, fund, or outside the geographical area occupied necessary for the recovery of the carry out is not likely to result in the by the species at the time it is listed, species. For these reasons, a critical destruction or adverse modification of upon a determination that such areas habitat designation does not signal that critical habitat. The designation of are essential for the conservation of the habitat outside the designated area is critical habitat does not affect land species. When designating critical unimportant or may not be needed for ownership or establish a refuge, habitat, the Secretary will first evaluate recovery of the species. Areas that are wilderness, reserve, preserve, or other areas occupied by the species. The important to the conservation of the conservation area. Designation also does Secretary will only consider unoccupied species, both inside and outside the not allow the government or public to areas to be essential where a critical critical habitat designation, and where access private lands, nor does habitat designation limited to the species may be present, will designation require implementation of geographical areas occupied by the continue to be subject to: (1) restoration, recovery, or enhancement species would be inadequate to ensure Conservation actions implemented measures by non-Federal landowners. the conservation of the species. In under section 7(a)(1) of the Act; (2) Where a landowner requests Federal addition, for an unoccupied area to be regulatory protections afforded by the agency funding or authorization for an considered essential, the Secretary must requirement in section 7(a)(2) of the Act action that may affect a listed species or determine that there is a reasonable for Federal agencies to ensure their critical habitat, the Federal agency certainty both that the area will actions are not likely to jeopardize the would be required to consult with the contribute to the conservation of the continued existence of any endangered Service under section 7(a)(2) of the Act. species and that the area contains one or threatened species; and (3) the However, even if the Service were to or more of those physical or biological prohibitions found in section 9 of the conclude that the proposed activity features essential to the conservation of Act. Federally funded or permitted would result in destruction or adverse the species. projects affecting listed species outside modification of the critical habitat, the Section 4 of the Act requires that we their designated critical habitat areas Federal action agency and the designate critical habitat on the basis of may still result in jeopardy findings in landowner are not required to abandon the best scientific data available. some cases. These protections and the proposed activity, or to restore or Further, our Policy on Information conservation tools will continue to recover the species; instead, they must Standards Under the Endangered contribute to recovery of this species. implement ‘‘reasonable and prudent Species Act (published in the Federal Similarly, critical habitat designations alternatives’’ to avoid destruction or Register on July 1, 1994 (59 FR 34271)), made on the basis of the best available adverse modification of critical habitat. the Information Quality Act (section 515 information at the time of designation Under the first prong of the Act’s of the Treasury and General will not control the direction and definition of critical habitat, areas Government Appropriations Act for substance of future recovery plans, within the geographical area occupied Fiscal Year 2001 (Pub. L. 106–554; H.R. habitat conservation plans (HCPs), or by the species at the time it was listed 5658)), and our associated Information other species conservation planning are included in a critical habitat Quality Guidelines provide criteria, efforts if new information available at designation if they contain physical or establish procedures, and provide the time of these planning efforts calls biological features (1) which are guidance to ensure that our decisions for a different outcome. essential to the conservation of the are based on the best scientific data species and (2) which may require available. They require our biologists, to Prudency Determination special management considerations or the extent consistent with the Act and Section 4(a)(3) of the Act, as protection. For these areas, critical with the use of the best scientific data amended, and implementing regulations habitat designations identify, to the available, to use primary and original (50 CFR 424.12) require that, to the extent known using the best scientific sources of information as the basis for maximum extent prudent and and commercial data available, those recommendations to designate critical determinable, the Secretary shall physical or biological features that are habitat. designate critical habitat at the time the essential to the conservation of the When we are determining which areas species is determined to be an species (such as space, food, cover, and should be designated as critical habitat, endangered or threatened species. Our protected habitat). In identifying those our primary source of information is regulations (50 CFR 424.12(a)(1)) state physical or biological features that occur generally the information from the SSA that the Secretary may, but is not in specific occupied areas, we focus on report and information developed required to, determine that a the specific features that are essential to during the listing process for the designation would not be prudent in the support the life-history needs of the species. Additional information sources following circumstances: species, including, but not limited to, may include any generalized (i) The species is threatened by taking water characteristics, soil type, conservation strategy, criteria, or outline or other human activity and

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19847

identification of critical habitat can be When critical habitat is not In considering whether features are expected to increase the degree of such determinable, the Act allows the Service essential to the conservation of the threat to the species; an additional year to publish a critical species, we may consider an appropriate (ii) The present or threatened habitat designation (16 U.S.C. quality, quantity, and spatial and destruction, modification, or 1533(b)(6)(C)(ii)). temporal arrangement of habitat curtailment of a species’ habitat or range We reviewed the available characteristics in the context of the life- is not a threat to the species, or threats information pertaining to the biological history needs, condition, and status of to the species’ habitat stem solely from needs of the species and habitat the species. These characteristics causes that cannot be addressed through characteristics where this species is include, but are not limited to, space for management actions resulting from located. This and other information individual and population growth and consultations under section 7(a)(2) of represent the best scientific data for normal behavior; food, water, air, the Act; available and led us to conclude that the light, minerals, or other nutritional or (iii) Areas within the jurisdiction of designation of critical habitat is physiological requirements; cover or the United States provide no more than determinable for the Panama City shelter; sites for breeding, reproduction, negligible conservation value, if any, for crayfish. or rearing (or development) of offspring; a species occurring primarily outside and habitats that are protected from the jurisdiction of the United States; Physical or Biological Features Essential disturbance. These characteristics are (iv) No areas meet the definition of to the Conservation of the Species described below for the Panama City critical habitat; or In accordance with section 3(5)(A)(i) crayfish: (v) The Secretary otherwise (1) Space for individual and of the Act and regulations at 50 CFR determines that designation of critical population growth and for normal 424.12(b), in determining which areas habitat would not be prudent based on behavior: The Panama City crayfish we will designate as critical habitat from the best scientific data available. naturally inhabits shallow, ephemeral, within the geographical area occupied As discussed in the January 3, 2018, freshwater wetlands that are associated by the species at the time of listing, we proposed listing rule (83 FR 330), there with early successional wet prairie- consider the physical or biological is currently no imminent threat of take marsh and wet pine flatwoods and their features that are essential to the attributed to collection or vandalism associated communities. These conservation of the species and that may identified under Factor B for this locations historically supported a native species, and identification and mapping require special management herbaceous plant community dominated of critical habitat is not expected to considerations or protection. The by native wetland grasses and sedges initiate any such threat. In our SSA and regulations at 50 CFR 424.02 define with an accompanying overstory of no proposed listing determination for the ‘‘physical or biological features essential to low-density pines and were naturally Panama City crayfish, we determined to the conservation of the species’’ as maintained by periodic wildfire. that the present or threatened the features that occur in specific areas (2) Food, water, air, light, minerals, or destruction, modification, or and that are essential to support the life- other nutritional or physiological curtailment of habitat or range is a history needs of the species, including, requirements: Native herbaceous threat to the Panama City crayfish and but not limited to, water characteristics, vegetation is important to the Panama that those threats in some way can be soil type, geological features, sites, prey, City crayfish for food, detritus addressed by section 7(a)(2) vegetation, symbiotic species, or other formation, and cover. Absence of consultation measures. The species features. A feature may be a single vegetation increases exposure of this occurs wholly in the jurisdiction of the habitat characteristic or a more complex small crayfish to predation and reduced United States, and we are able to combination of habitat characteristics. availability of food. Although Panama identify areas that meet the definition of Features may include habitat City crayfish are facultative air critical habitat. Therefore, because none characteristics that support ephemeral breathers, moisture is required to of the circumstances enumerated in our or dynamic habitat conditions. Features facilitate the respiratory process. regulations at 50 CFR 424.12(a)(1) apply may also be expressed in terms relating Burrowing to groundwater or access to and because there are no other to principles of conservation biology, surface water are both important habitat circumstances the Secretary has such as patch size, distribution features needed to prevent desiccation identified for which this designation of distances, and connectivity. For of individuals and populations. The critical habitat would be not prudent, example, physical features essential to Panama City crayfish cannot burrow we have determined that the the conservation of the species might much deeper than 3 feet below the designation of critical habitat is prudent include gravel of a particular size surface and prefer surface waters less for the Panama City crayfish. required for spawning, alkaline soil for than 1 foot deep (E.Keppner 2003, pers. seed germination, protective cover for comm.). Critical Habitat Determinability migration, or susceptibility to flooding (3) Cover or shelter: The Panama City Having determined that designation is or fire that maintains necessary early- crayfish relies mostly on herbaceous prudent, under section 4(a)(3) of the Act successional habitat characteristics. vegetation that grows on core and we must find whether critical habitat for Biological features might include prey secondary soils, which allow them to the Panama City crayfish is species, forage grasses, specific kinds or burrow for shelter and to rear young. determinable. Our regulations at 50 CFR ages of trees for roosting or nesting, The ability to burrow to the water table 424.12(a)(2) state that critical habitat is symbiotic fungi, or a particular level of during times of drought is essential to not determinable when one or both of nonnative species consistent with the persistence of the species. Core soils the following situations exist: conservation needs of the listed species. have depth to water tables that meet the (i) Data sufficient to perform required The features may also be combinations depth threshold that is important for analyses are lacking, or of habitat characteristics and may long-term Panama City crayfish (ii) The biological needs of the species encompass the relationship between population persistence. These core soils are not sufficiently well known to characteristics or the necessary amount provide the sediment structure needed identify any area that meets the of a characteristic essential to support for burrow construction to the water definition of ‘‘critical habitat.’’ the life history of the species. table and also support the herbaceous

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19848 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

vegetation upon which the species relies undeveloped (using 2016 data) and are (c) Soils that support native for food and cover. Young crayfish are therefore suitable for the Panama City herbaceous vegetation such as, but not often captured clinging to vegetation in crayfish. We estimate that 3,606 acres limited to, wiregrass (Aristida emergent, yet shallow, water bodies. (1,459 hectares) of the core (3,242 acres beyrichiana), redroot (Lachnanthes Secondary soil types are drier, and it (1,312 hectares, or 22 percent)) and caroliniana), beakrushes (Rhynchospora is believed the species cannot persist secondary (364 acres (147 hectares, or 3 spp.), pitcher plants (Sarracenia spp.), when only secondary soils are available percent)) soils are hardwood swamp, sundews (Drosera spp.), butterworts with below-average water tables. They which are not directly used by the (Pinguicula spp.), and lilies are mentioned here because they may Panama City crayfish but are included (Hymenocallis spp.). support Panama City crayfish after within acreage totals because they (3) Undeveloped lands that contain recent rainfalls and longer periods of provide transition habitat. surface and groundwater of sufficient time after above-average rainfall that quality to support all life stages of the influences water table depths, and they Summary of Essential Physical or Panama City crayfish and the may provide connectivity between two Biological Features herbaceous vegetation on which they patches of core soils. Ninety-six percent We derive the specific physical or rely. This includes surface waters with: of known occurrences of Panama City biological features essential to the (a) Oxygen levels that range between crayfish occur within either core soils or conservation of the Panama City 2 and 9 milligrams per liter; within secondary soils that are within crayfish from studies of this species’ (b) pH levels between 4.1 and 9.2; and 100 meters (328 feet) of core soils. These habitat, ecology, and life history as (c) Temperatures between 42 and 94 ° secondary soils also provide the described above. Additional information degrees Fahrenheit ( F) (5 and 34.4 ° sediment structure needed for burrow can be found in the proposed listing degrees Celsius ( C)), although optimum construction to the water table and also rule published in the Federal Register temperatures are thought to be in the ° ° support the herbaceous vegetation upon on January 3, 2018 (83 FR 330), and the range of 68 to 79 F (20 to 26 C) (Butler which the species relies for food and Panama City Crayfish SSA report et al. 2003). cover except during times of drought. (version 2.0; Service 2019, entire). We Special Management Considerations or (4) Sites for breeding, reproduction, or have determined that the following Protection rearing (or development) of offspring: physical or biological features are When designating critical habitat, we Shelters, such as burrows, are an essential to the conservation of the assess whether the specific areas within important resource for crayfish as they Panama City crayfish: provide for protection from predation (1) Undeveloped lands, including the geographical area occupied by the and space for mating and for rearing cropland, utilities rights-of-way, species at the time of listing contain hatchlings. Burrows also help to timberlands, or grazing lands, that features which are essential to the maintain hydration and preferred body support open wet pine flatwoods and conservation of the species and which temperatures. Surface waters provide wet prairie habitats that contain the may require special management shelter for juveniles to grow prior to following: considerations or protection. The being large enough to burrow. These (a) Appropriate herbaceous features essential to the conservation of surface water locations also provide for groundcover vegetation; this species may require special breeding and feeding grounds. Surface (b) Permanent or temporary pools of management considerations or water must be sufficiently deep, but shallow (usually less than 1 foot) protection to reduce the following usually less than 1 foot (0.3 meters) freshwater locations; and threats: Habitat loss and destruction due deep, to support the species but shallow (c) Gently-sloped ground level swales to residential and commercial enough to sustain herbaceous with a 3:1 or shallower slope ratio along development, as well as habitat loss due vegetation. Waters greater than 1 foot ecotonal or transitional areas. to changes in the natural disturbance (0.3 meters) deep sustain other crayfish (2) Soil types within undeveloped and hydrological regimes that maintain species that may outcompete the lands that provide sediment structure the wet prairie and flatwoods that Panama City crayfish. needed for burrow construction and that Panama City crayfish originally (5) Habitats that are protected from support some native herbaceous inhabited. Historically, the Panama City disturbance or are representative of the vegetation and the likelihood of native crayfish inhabited natural and often historical, geographical, and ecological seed bank that with management will temporary bodies of shallow fresh water distributions of a species: The Panama provide vegetation needed for within open pine flatwoods and prairie- City crayfish’s historical range is additional food and cover, and where marsh communities (as described in the estimated to cover a 56-square-mile area the ground water is always within 3 feet SSA report (version 2.0; Service 2019, p. (Service 2019, entire). Hardwood of the ground surface and surface waters 56)). However, most of these swamps fall within the core soil occur on occasion. These soil types communities have been cleared for category but are not actually suitable for include: residential or commercial development the Panama City crayfish (except the (a) Core soils for Panama City or replaced with slash pine (Pinus transition edge habitat). Land acreages crayfish, including (note: prefix elliottii) plantations. Thus, the Panama within the Panama City crayfish’s range numbers refer to map units in the Soil City crayfish currently is known to total 35,658 acres, with a composition of Survey for Bay County, Florida (USDA inhabit the waters of grassy, gently- the following soils: (1) Core with 14,880 1984, entire)): (22) Pamlico-Dorovan sloped ditches and swales; furrows acres (6,022 hectares; 42 percent of the Complex, (29) Rutlege Sand, (32) within slash pine plantations; and land area); (2) secondary with 12,379 Plummer Sand, (33) Pelham Sand, (39) utility rights-of-way. acres (5,010 hectares; 35 percent of the Pantego Sandy Loam, and (51) Rutledge- Special management considerations land area), and (3) unsuitable soils with Pamlico Complex; or protections are required within 8,399 acres (3,399 hectares; 23 percent (b) Secondary soils within 100 meters critical habitat areas to address these of the land area). We estimate that (328 feet) of core soils: (1) Albany Sand, habitat loss and destruction threats. The approximately 9,180 acres (3,715 (12) Leefield Sand, (13) Leon Fine Sand, occupied units we are proposing to hectares) of core and 5,647 acres (2,285 (31) Osier Fine Sand, and (36) Alapaha designate as critical habitat for Panama hectares) of secondary soils remain Loamy Sand; and City crayfish will require some level of

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19849

management to address the current and critical habitat units were mapped in designate as critical habitat those areas future threats to the physical or ArcMap (ESRI, Inc.) using the U.S. that contain the physical and biological biological features. Management Department of Agriculture, Natural features essential to the Panama City activities that could ameliorate these Resources Conservation Service, Soil crayfish and that are currently occupied threats include (but are not limited to): Survey Geographic Database (USDA by the species. (1) Protection of lands from 2019, unpaginated). ArcGIS software For the purposes of critical habitat development through purchase, was used to calculate the acreage of core designation, we determined a unit to be easement, or other conservation and secondary soils within the occupied if it contains recent (i.e., agreements that will prevent permanent historical range of the Panama City observed since 2015) observations of conversion of Panama City crayfish crayfish prior to anthropogenic habitat Panama City crayfish. The proposed habitat to other land uses; and (2) disturbances. Core soil types (as critical habitat designation does not restoration and management of habitat described in Species Description in the include all lands known to have been to maintain the appropriate vegetative proposed listing rule (83 FR 330, occupied by the species historically; and hydrological characteristics for the January 3, 2018, pp. 332–333) and in instead, it focuses on currently occupied Panama City crayfish. Physical or Biological Features Essential lands that have retained the necessary These management activities will to the Conservation of the Species, physical or biological features that will protect the physical or biological above) were buffered by 100 meters. We allow for the maintenance and features for the species by protecting used 100 meters as our buffer because expansion of existing populations. The currently suitable habitat from being we found that 96 percent of known following locations (i.e., populations as converted to other land uses and by occurrences of Panama City crayfish defined in the SSA) meet the definition promoting the appropriate vegetative occur within 100 meters of core soils of areas occupied by the species at the and hydrological characteristics that the and this buffer encompasses the time of listing and that present Panama City crayfish needs for survival. secondary soil types (as described in sufficient availability of lands to Additionally, management of habitat to Species Description in the proposed support a population: 19th Street, protect the physical or biological listing rule (83 FR 330, January 3, 2018, Talkington, Minnesota, Transmitter features on occupied critical habitat will pp. 332–333) and in Physical or West, Deer Point, High Point, Star, and help achieve recovery of the Panama Biological Features Essential to the Transmitter East. College Point and Old City crayfish. Conservation of the Species, above). In Airport populations were not consistently occupied, nor was there Criteria Used To Identify Critical geographic information systems (GIS) sufficient suitable habitat within the Habitat mapping, the buffered soils were spatially processed by clipping to the one-quarter-mile (0.4-km) polygon to As required by section 4(b)(2) of the population buffer of one-quarter mile, support recovery, and these Act, we use the best scientific data and developed areas were excluded populations, therefore, are not included available to designate critical habitat. In based on 2016 Florida Department of in the proposed designation. We also do accordance with the Act and our Transportation aerial imagery (FDOT not include Edwards, a population implementing regulations at 50 CFR 2016, unpaginated). representing an original collection site 424.12(b), when designating critical In summary, for areas within the from 1942, nor 390 West given the habitat, the Secretary will first evaluate geographic area occupied by the species fragmentation of that population by the areas occupied by the species. The at the time of listing and with sufficient industrial park resulted in too little Secretary will only consider unoccupied availability of land, we delineate critical remaining habitat to support a viable areas to be essential where a critical habitat unit boundaries using the population over time. While both areas habitat designation limited to following criteria: are still occupied by Panama City geographical areas occupied would be (1) Suitable habitat surrounding each crayfish, Edwards is surrounded by inadequate to ensure the conservation of of 10 known populations of Panama industrial buildings and bordered by the species. We are not currently City crayfish, delineated by polygons U.S. Route 231 on its west edge, and 390 proposing to designate any areas outside using one-quarter mile (0.4 kilometer West will soon be bisected by a four- the geographical area occupied by the (km)) circles around sample points with lane highway as it is currently under species because we have not identified known species occurrences, based on construction. Potential habitat for any unoccupied areas that meet the the movement patterns of small recovery in either of these locations is definition of critical habitat and because crayfishes (Note: Habitat surrounding limited and potentially fragmented. occupied areas are sufficient to ensure two populations was not included for Long-term management will be the conservation of the species. critical habitat designation, as explained challenging given proximity to major We reviewed available information below); roadways and industrial development. that pertains to the habitat requirements (2) Core and secondary soils within As mentioned above, we exclude of this species using information that 100 meters (328 feet) of core soils that developed areas within the proposed was cited within the SSA report contain one or more of the physical or designation to the extent possible in the (Service 2019, entire) and information biological features to support life- mapping exercise and in the text of the presented in the Service’s conservation history functions essential for rule, as explained below. Designating strategy for Panama City crayfish critical conservation of the Panama City critical habitat in these eight occupied conservation needs (Service 2017, crayfish. areas of the Panama City crayfish would entire); sources of information on Hardwood swamps found within core sufficiently conserve the species, habitat requirements include existing soils are considered unsuitable for the leading to its recovery. State management plans, endangered crayfish, and this habitat type was We are not proposing to designate any species reports, studies conducted at removed to the maximum extent areas outside the geographical area occupied sites and published in peer- possible. occupied by the species because we reviewed articles, agency reports, and The total acreage calculated for have not identified any unoccupied data collected during monitoring efforts critical habitat based upon the above areas that are essential to the (Service 2019, entire). Based on known criteria amounted to 7,177 acres (2,904 conservation of the species. In addition, occurrences and habitat requirements, hectares). Accordingly, we propose to based on our conservation strategy, the

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19850 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

protection of the eight occupied units critical habitat and the requirement of boundaries of the critical habitat (as further described below) are no adverse modification unless the designation in the preamble of this sufficient for the conservation of the specific action would affect the physical document. We will make the shapefiles species. or biological features in the adjacent on which each map is based available to When determining proposed critical critical habitat. the public on http:// We propose to designate as critical habitat boundaries, we made every www.regulations.gov at Docket No. habitat lands that we have determined effort to avoid including developed FWS–R4–ES–2020–0137, on our are occupied at the time of listing (i.e., areas such as lands covered by internet site http://ecos.fws.gov, and at currently occupied) and that contain the Florida Ecological Services Field buildings, pavement, and other one or more of the physical or biological structures because such lands lack Office (see FOR FURTHER INFORMATION features that are essential to support CONTACT). physical or biological features necessary life-history processes of the species. for the Panama City crayfish. The scale Units are proposed for designation Proposed Critical Habitat Designation of the maps we prepared under the based on one or more of the physical or parameters for publication within the biological features being present to We are proposing eight units as Code of Federal Regulations may not support Panama City crayfish’s life- critical habitat for the Panama City reflect the exclusion of such developed history processes. All units contain all crayfish. The critical habitat units we lands. Any such lands inadvertently left of the identified physical or biological describe below constitute our inside critical habitat boundaries shown features and support multiple life- assessment based on the best available on the maps of this proposed rule have history processes. science of areas that meet the definition been excluded by text in the proposed The critical habitat designation is of critical habitat for the Panama City rule and are not proposed for defined by the map or maps, as crayfish. In total, they comprise 7,177 designation as critical habitat. modified by any accompanying acres (2,904 hectares) of land, entirely Therefore, if the critical habitat is regulatory text, presented at the end of within Bay County, Florida. The table finalized as proposed, a Federal action this document under Proposed below summarizes the approximate area involving these lands would not trigger Regulation Promulgation. We include and ownership of the units, which are section 7 consultation with respect to more detailed information on the described in detail below. TABLE OF PROPOSED CRITICAL HABITAT UNITS FOR THE PANAMA CITY CRAYFISH

Land ownership (AC.) Total proposed Percent of Group Unit Unit name Occupied critical total Private State/Local habitat area (%) (AC.)

Western ...... 1 ...... 19th Street ...... Yes ...... 20.6 3.7 24.3 0 2 ...... Talkington ...... Yes ...... 53.1 0.0 53.1 1 3 ...... Minnesota ...... Yes ...... 27.9 37.2 65.0 1 4 ...... Transmitter West ...... Yes ...... 243.7 4.7 248.4 3 Eastern ...... 5 ...... Deer Point ...... Yes ...... 413.8 0.9 414.6 6 6 ...... High Point ...... Yes ...... 37.9 0.5 38.4 1 7 ...... Star ...... Yes ...... 2,751.6 9.7 2,761.4 38 8 ...... Transmitter East ...... Yes ...... 3,489.0 82.5 3,571.5 50

Total ...... 7,037.6 139.2 7,176.8 100

Percent of total ...... 98% 2% 100% ...... Note: Area estimates reflect all land within critical habitat unit boundaries; Area sizes may not sum due to rounding.

The eight units we propose as critical Service proposes designation of 390.8 and lack of habitat connectivity to other habitat are broken into two groups, acres (158.2 hectares) in total for the populations in this group are the based on the western (Units 1 through western group. These populations have greatest management challenges. 4) and eastern (Units 5 through 8) been isolated by residential and Unit 1: 19th Street groups described in the SSA report commercial development, which (Service 2019, pp. 37–52). These two resulted in habitat loss and The 19th Street population is the groups are distinguished by east-west fragmentation. These populations are southwestern-most population located genetic differentiation based on currently supported by an average of off 19th Street in Panama City, Florida. proximity to other populations and 83.4 acres (33.8 hectares) of habitat It is located on both sides of an active amounts of fragmentation within a (range 24.3–248.4 acres (9.8–100.5 railroad track with habitat totaling 24.3 population polygon. Below we describe hectares)). However, the Transmitter acres (9.8 hectares). Land ownership is each unit, and reasons why they meet West population is by far the largest at mostly private, but some is in public the definition of critical habitat for the 248.4 acres (100.5 hectares), and this ownership with 3.7 acres (1.5 hectares) Panama City crayfish. population may have historically been a owned by Bay County. Only secondary Western Group critical link both genetically and soils remain undeveloped, but the geographically between the western and elevated railroad track has artificially The western group is comprised of eastern representative groups. The provided a water barrier, often keeping four units supporting geographically remaining three populations are the site ponded when all others have isolated populations scattered supported by an average of 50.3 acres dried up. Maintenance (i.e., mowing throughout the species’ range primarily (20.4 hectares) (range 24.3–65.0 acres and woody vegetation removal) for the in the cities of Panama City and Lynn (9.8–26.3 hectares)). Limited habitat railroad has kept the adjacent right-of- Haven in Bay County, Florida. The area needed to support each population way covered in dense, herbaceous

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19851

vegetation that is ideal for the Panama for conservation. This site is largely primarily in the unincorporated City crayfish. Adjacent unmanaged hardwood-cypress swamp with some portions of Bay County, Florida. The slash pine stands, where burrows have possibilities for improving the habitat Service proposes designation of 6,785.9 been documented, and a mowed grass along 6 acres (2.4 hectares) near and acres (2,746.2 hectares) in total for the field also provide habitat. adjacent to the swamp ecotone. The City eastern group. These populations are Panama City crayfish occurrence was of Lynn Haven owns 37.2 acres (15.1 currently supported by an average of documented in 2001, 2012–2014, and hectares), which is under a conservation 1,696.5 acres (686.5 hectares) of habitat 2016–2018. All of the essential physical easement held by FDEP. (range 38.4–3,571.5 acres (15.5–1,445.3 or biological features are found within The Service and FWC have a hectares)). However, the Star and the unit. The essential features (e.g., management agreement with the City of Transmitter East populations are the appropriate herbaceous groundcover Lynn Haven that allows the agencies to largest at 2,761.4 and 3,571.5 acres vegetation and permanent or temporary manage the property when funding is (1,117.5 and 1,445.3 hectares), pools of shallow fresh water) for this available. Minimal actions have respectively. These two populations unit may require special management, occurred to date to remove some of the represent the largest connected blocks of particularly mowing, to ensure pine canopy layer. Other core and core and secondary soils with maintenance or improvement of the secondary soils surrounding the appropriate vegetation. Although the existing habitat. easement consist of dense slash pine vegetation and hydrology have been plantations. The property has deep Unit 2: Talkington altered from native wet prairie and pine rutting from off-road vehicles, horses, flatwoods habitats by silvicultural and The Talkington population is located and heavy equipment, which may affect agricultural uses, the geographic extent off of Jenks Avenue in Panama City, the hydrology of the habitat. of these two populations forms the basis Florida, with habitat totaling 53.1 acres Panama City crayfish occurrence was for the species’ long-term resilience. (21.5 hectares). Land ownership is documented in 2015 and 2016. All entirely private, although 10 acres (4 essential physical and biological Unit 5: Deer Point hectares) is under easement for features are found within the unit. The Deer Point population occurs on conservation. The Talkington Family Achieving the right mosaic of water and a peninsula located near Bay County Nature Preserve forms the centerpiece of grasses requires special management. Road 2321 in Lynn Haven and Panama this population, with land ownership held by the Bay County Conservancy Unit 4: Transmitter West City, Florida, and is supported by 414.6 (BCC), and the associated conservation The Transmitter West population is acres (167.8 hectares) of habitat. The easement held by Florida Department of located off Transmitter Road in Lynn land is bordered by Willams Bayou on Environmental Protection (FDEP). The Haven and Panama City, Florida, with the northeast, Mill Bayou on the preserve is primarily pine flatwoods habitat totaling 248.4 acres (100.5 southwest, and North Bay to the north. with a cluster of pond pine trees in the hectares). Land ownership is a mix of Land ownership is almost entirely center portion. The Service and FWC private and public, with approximately private, although some areas under have a management agreement in place 40 percent under easement for easement for conservation. Only 0.9 with BCC that allows for mowing to conservation. The FDEP holds multiple acres (0.4 hectares) is in public manage the habitat on a 2- to 3-year conservation easements for private ownership by Bay County. interval, to mimic the natural fire landowners with a total 100.5 acres Four privately owned easements lie regime and maintain ideal conditions (40.7 hectares) of pine flatwoods. The within or are adjacent to areas included for the Panama City crayfish. The easements are managed as required by in this unit. These easements protect remaining 43.1 acres (17.4 hectares) of permit with either mowing or burning, 95.0 acres (38.4 hectares) of core and core and secondary soils in the vicinity and are in good condition for the secondary soil habitat, although some of provide opportunity for additional land Panama City crayfish. The remaining the secondary soil habitats do not meet protections and management, although habitats, including the 4.7 acres (1.9 the criteria for inclusion within critical much of this area would require hectares) in public ownership owned by habitat due to distance from core soils. restoration of vegetation. the City of Lynn Haven and Bay County, The Trust for Public Lands holds 90.0 Panama City crayfish occurrence was are in mixed condition and in need of acres (36.4 hectares) under easement, documented in 2000, 2001, 2003, 2006, regular management (e.g., prescribed but that easement is to be transferred to 2012, 2013, and 2016–2018. All fire or mowing). the City of Lynn Haven in the near essential physical and biological Panama City crayfish occurrence was future. FDEP holds three easements features are found within the unit. The documented in 2004, 2013, and 2016. totaling 35.0 acres (14.2 hectares) that essential features, especially appropriate All essential physical and biological are still owned by a private landowner herbaceous groundcover vegetation and features are found within the unit, with (D&H Properties, LLC). The Service and permanent or temporary pools of grasses maintained by fire in the past FWC hold a management agreement shallow fresh water, for this unit may and mowing more recently. Different with D&H Properties, LLC, and have require special management; depths of water bodies occur that mowed and burned 24.0 acres (9.7 establishment of sloped swales and provide a mosaic of water features with hectares) of this 35.0-acre (14.2-hectare) removal of dense shrub thickets would herbaceous grasses to make this a good property that are held in easements by improve conditions for the Panama City area for the Panama City crayfish. FDEP. The remaining habitat is on lands crayfish in this unit. Management is required to reduce that are heavily timbered and encroaching shrubs and to remove tree unmanaged, resulting in dense Unit 3: Minnesota debris caused by Hurricane Michael in overgrowth of titi and slash pine, and The Minnesota population is located October 2018. hydrology may be affected by these off Minnesota Avenue in Lynn Haven, activities as well as borrow pits and dirt Florida, with undeveloped habitat Eastern Group roads that traverse the unit. Only the totaling 65.0 acres (26.3 hectares). Land The eastern group is comprised of portions of these easements that meet ownership is a mix of private and four units supporting populations the criteria are included as critical public, and some area is under easement scattered throughout the species’ range habitat. All need regular management,

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19852 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

especially the lands with dense one 1.4-acre (0.6-hectare) parcel is company land and on other small tracts vegetation, for the crayfish to thrive. owned by the State of Florida and used of land, but it is unknown at this time Panama City crayfish occurrence was by the Florida Highway Patrol. what impacts are likely to occur to documented on easement lands in 2012 Although the appropriate core and Panama City crayfish populations as and 2014–2018. All of the essential secondary soil habitat exists, the lands lands are cleared at large-scale levels. physical or biological features are found that run parallel to the county road are Unit 8: Transmitter East within the unit. Herbaceous mostly in dense slash pine plantations groundcover is spotty, and shallow for timber production with overgrown The Transmitter East population pools of water are small and unreliable, groundcover. The plantations east of the forms the farthest south-southeast often caused by vehicle tracks, and too county road have been harvested boundary of the species’ geographic deep for Panama City crayfish. recently. This management is sub- range in Bay County, Florida. The Management is required to remove optimal for the Panama City crayfish population is bordered on the west by Hurricane Michael tree debris. because of the dense overstory canopy, Transmitter Road, the south by U.S. Considerations on whether there are lack of herbaceous ground cover, Highway 98 and State Highway 22, the ways to improve the hydrology are also infrequent (<3 year) fire management, east by Callaway Creek, and the north warranted. and bedding that may additionally affect by an unnamed tributary of Mill Bayou. The population in this unit is supported Unit 6: High Point the hydrology of the unit. The remainder of this habitat unit is by 3,571.5 acres (1,445.3 hectares) of The High Point population is the adjacent and south of U.S. Highway 231. habitat, which has been primarily under northern-most population and is located It forms the farthest east-northeast timber management since the mid-1980s off Bay County Road 2311 in Bay boundary of the species’ geographic and in various stages of management County, Florida. The population is range in Bay County, Florida. The from recent harvest to dense slash pines supported by habitat totaling 38.4 acres population is bordered on the west by with dense titi shrub layers. (15.5 hectares), and land ownership is U.S. Highway 231, the north by Bayou The current management regime is almost entirely private, with some George Creek, and the south by an sub-optimal for Panama City crayfish acreage under easement for unnamed tributary of Mill Bayou. These because of the dense overstory canopy, conservation. Only 0.5 acres (0.2 lands are mostly under timber lack of herbaceous ground cover, hectares) is in public ownership by Bay management since the mid-1980s and in infrequent (<3 year) fire management, County. The 11-acre (4.5 hectare) various stages of management from and bedding that may additionally affect Marjorie’s Magical Marsh-Symone’s recent harvest to dense slash pines with the hydrology of the unit. Land Sanctimonious Swamp conservation dense titi shrub layers. The current ownership is predominantly private, easement owned by BCC contains most timber management is sub-optimal for with only 82.5 acres (33.4 hectares) in of the known Panama City crayfish Panama City crayfish because of the public ownership by the City of population. dense overstory canopy, lack of Springfield, Bay County, and the State Panama City crayfish occupy 6.0 (2.4 herbaceous ground cover, infrequent of Florida. Gulf Power Company hectares) of the 11-acre (4.5 hectare) (<3 year) fire management, and bedding manages rights-of-way along easement, which is in the process of that may additionally affect the approximately 114 acres (46.1 hectares) being restored by the Service and FWC hydrology of the unit. Land ownership of land that is populated with the under a management agreement with is predominantly private, with only 9.7 Panama City crayfish. The Service and BCC. These six acres are being restored acres (3.9 hectares) in public ownership FWC have a management agreement to primarily herbaceous vegetation from by Bay County. Gulf Power Company with Gulf Power incorporating best a more recent dense mixture of titi manages rights-of-way along 86 acres management practices, primarily regular shrub thicket in the under- and mid- (34.8 hectares). The Service and FWC mowing, that have stimulated story and slash pines in the overstory, have a management agreement with herbaceous vegetation as the primary which has lacked fire management. The Gulf Power Company incorporating best groundcover. remaining core and secondary soil management practices, primarily regular Two conservation easements, 11.3 habitat surrounding the easement was mowing, that have stimulated and 7.3 acres (4.6 and 3.0 hectares) in historically managed for timber but herbaceous vegetation as the primary size, are held by FDEP for two separate currently contains dense titi with an groundcover. Currently a two-lane road, landowners. Currently, a two-lane road, intermittent slash pine overstory. Star Avenue, bisects this population. Star Avenue, bisects this population. Panama City crayfish occurrence was The population in the unit is Tram Road also bisects the lower third documented in 2010, 2012–2014, and supported by 2,761.4 acres (1,117.5 of the area. It is currently a dirt road and 2015–2017. All essential physical and hectares). Panama City crayfish there are plans for converting it to a biological features are found within the occurrence was documented in 2001, four-lane asphalt road. unit. This population, albeit small, has 2003–2004, 2006, 2012–2013, and 2016. Panama City crayfish occurrence was herbaceous ground cover vegetation, All essential physical and biological confirmed in 2001, 2002, and 2006, and pools of shallow water, and appropriate features are found within the unit. extensive efforts documented the slope ratios, but the unit will require Intermittent herbaceous groundcover species in 2003–2004, 2012–2013, and management to maintain the vegetation and temporary pools of 2016. All essential physical and groundcover and keep shrubs from shallow water with hardwood swamp biological features are found within the encroaching. ecotone areas do occur, but much unit. Much tree debris, which will management is required to maintain and require management, remains Unit 7: Star improve these biological features throughout as a result of Hurricane A portion of this unit is located north needed for increased or more connected Michael’s 2018 impact to the landscape. of the intersection of Bay County Road populations. Much tree debris remains It is assumed that some debris will be 2321 and U.S. Highway 231 in Bay throughout the unit as a result of removed from timber company land and County, Florida. Land ownership is a Hurricane Michael’s 2018 impact to the on other small tracts of land, but it is mix of private and public. There are no landscape. It is assumed that some unknown at this time what impacts are conservation easements in place, but debris will be removed from timber likely to occur on the Panama City

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19853

crayfish populations as lands are listed species and/or destroy or implementation of the proposed Federal cleared at large-scale levels. adversely modify critical habitat, we action directly or indirectly alters the provide reasonable and prudent designated critical habitat in a way that Effects of Critical Habitat Designation alternatives to the project, if any are appreciably diminishes the value of the Section 7 Consultation identifiable, that would avoid the critical habitat as a whole for the Section 7(a)(2) of the Act requires likelihood of jeopardy and/or conservation of the listed species. As Federal agencies, including the Service, destruction or adverse modification of discussed above, the role of critical to ensure that any action they fund, critical habitat. We define ‘‘reasonable habitat is to support physical or biological features essential to the authorize, or carry out is not likely to and prudent alternatives’’ (at 50 CFR 402.02) as alternative actions identified conservation of a listed species and jeopardize the continued existence of during consultation that: provide for the conservation of the any endangered species or threatened (1) Can be implemented in a manner species. species or result in the destruction or consistent with the intended purpose of Section 4(b)(8) of the Act requires us adverse modification of designated the action, to briefly evaluate and describe, in any critical habitat of such species. In (2) Can be implemented consistent proposed or final regulation that addition, section 7(a)(4) of the Act with the scope of the Federal agency’s designates critical habitat, activities requires Federal agencies to confer with legal authority and jurisdiction, involving a Federal action that may the Service on any agency action which (3) Are economically and violate section 7(a)(2) of the Act by is likely to jeopardize the continued technologically feasible, and destroying or adversely modifying such existence of any species proposed to be (4) Would, in the Service Director’s habitat, or that may be affected by such listed under the Act or result in the opinion, avoid the likelihood of designation. destruction or adverse modification of jeopardizing the continued existence of Activities that the Services may, proposed critical habitat. the listed species and/or avoid the during a consultation under section We published a final rule revising the likelihood of destroying or adversely 7(a)(2) of the Act, find are likely to definition of destruction or adverse modifying critical habitat. destroy or adversely modify critical modification on August 27, 2019 (84 FR Reasonable and prudent alternatives habitat include, but are not limited to: 44976). Destruction or adverse can vary from slight project (1) Actions that would significantly modification means a direct or indirect modifications to extensive redesign or alter hydrological and soil alteration that appreciably diminishes relocation of the project. Costs characteristics. Such activities could the value of critical habitat as a whole associated with implementing a include, but are not limited to, those for the conservation of a listed species. reasonable and prudent alternative are that result in wetland fill or draining or, If a Federal action may affect a listed similarly variable. conversely, provide additional waters to species or its critical habitat, the Regulations at 50 CFR 402.16 set forth the wetland. Activities drying the responsible Federal agency (action requirements for Federal agencies to wetland (via fill or draining) can result agency) must enter into consultation reinitiate formal consultation on in changes in depth to water tables that with us. Examples of actions that are previously reviewed actions. These are less than the depth threshold that is subject to the section 7 consultation requirements apply when the Federal important for long-term Panama City process are actions on State, Tribal, agency has retained discretionary crayfish population persistence. These local, or private lands that require a involvement or control over the action activities can also alter soils from those Federal permit (such as a permit from (or the agency’s discretionary that provide the sediment structure the U.S. Army Corps of Engineers under involvement or control is authorized by needed to allow for burrow construction section 404 of the Clean Water Act (33 law) and, subsequent to the previous down to the water table and also U.S.C. 1251 et seq.) or a permit from the consultation, we have listed a new support the herbaceous vegetation upon Service under section 10 of the Act) or species or designated critical habitat which the species relies for food and that involve some other Federal action that may be affected by the Federal cover. Activities providing additional (such as funding from the Federal action, the action has been modified in water can allow other crayfish species Highway Administration, Federal a manner that affects the species or that persist in deeper waters to Aviation Administration, or the Federal critical habitat in a way not considered outcompete the Panama City crayfish. Emergency Management Agency). in the previous consultation, new (2) Actions that would significantly Federal actions not affecting listed information reveals effects of the action alter water quality parameters including species or critical habitat and actions on may affect the species or critical habitat oxygen content, temperature, and State, Tribal, local, or private lands that in a way not previously considered, or chemical composition. Such activities are not federally funded, authorized, or incidental take is exceeded. In such could include, but are not limited to, carried out by a Federal agency do not situations, Federal agencies sometimes release of chemicals, excess nutrients, require section 7 consultation. may need to request reinitiation of pesticides, and biological or other Compliance with the requirements of consultation with us, but the regulations pollutants into the surface water or section 7(a)(2) is documented through also specify some exceptions to the connected groundwater at a point our issuance of: requirement to reinitiate consultation on source or by dispersed release (non- (1) A concurrence letter for Federal specific land management plans after point source). These activities could actions that may affect, but are not subsequently listing a new species or alter water conditions to levels that are likely to adversely affect, listed species designating new critical habitat. See the beyond the tolerances of the crayfish or critical habitat; or regulations for a description of those and result in direct or cumulative (2) A biological opinion for Federal exceptions. adverse effects to these individuals and actions that may affect, and are likely to their life cycles. adversely affect, listed species or critical Application of the ‘‘Destruction or (3) Actions that would significantly habitat. Adverse Modification’’ Standard and permanently alter vegetative When we issue a biological opinion The key factor related to the characteristics. Such activities could concluding that a project is likely to destruction or adverse modification include, but are not limited to, jeopardize the continued existence of a determination is whether residential and commercial

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19854 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

construction; road construction; and may result from a designation of critical likely to result in incremental economic draining, filling or otherwise destroying habitat. To assess the probable impacts. The purpose of the screening or altering wetlands. These activities economic impacts of a designation, we analysis is to filter out particular may lead to changes in hydrology and must first evaluate specific land uses or geographic areas of critical habitat that soil characteristics that prevent the activities and projects that may occur in are already subject to such protections appropriate vegetation from growing. the area of the critical habitat. We then and are, therefore, unlikely to incur These activities can result in an absence must evaluate the impacts that a specific incremental economic impacts. In or reduced levels of herbaceous critical habitat designation may have on particular, the screening analysis vegetation that is important to the restricting or modifying specific land considers baseline costs (i.e., absent Panama City crayfish for food, detritus uses or activities for the benefit of the critical habitat designation) and formation, and cover. species and its habitat within the areas includes probable economic impacts proposed. We then identify which where land and water use may be Exemptions conservation efforts may be the result of subject to conservation plans, land Application of Section 4(a)(3) of the Act the species being listed under the Act management plans, best management versus those attributed solely to the Section 4(a)(3)(B)(i) of the Act (16 practices, or regulations that protect the designation of critical habitat for this habitat area as a result of the Federal U.S.C. 1533(a)(3)(B)(i)) provides that the particular species. The probable Secretary shall not designate as critical listing status of the species. Ultimately, economic impact of a proposed critical the screening analysis allows us to focus habitat any lands or other geographical habitat designation is analyzed by areas owned or controlled by the our analysis on evaluating the specific comparing scenarios both ‘‘with critical areas or sectors that may incur probable Department of Defense (DoD), or habitat’’ and ‘‘without critical habitat.’’ designated for its use, that are subject to incremental economic impacts as a The ‘‘without critical habitat’’ result of the designation. If there are any an integrated natural resources scenario represents the baseline for the management plan (INRMP) prepared unoccupied units in the proposed analysis, which includes the existing critical habitat designation, the under section 101 of the Sikes Act (16 regulatory and socio-economic burden U.S.C. 670a), if the Secretary determines screening analysis assesses whether any imposed on landowners, managers, or additional management or conservation in writing that such plan provides a other resource users potentially affected benefit to the species for which critical efforts may incur incremental economic by the designation of critical habitat impacts. This screening analysis habitat is proposed for designation. (e.g., under the Federal listing as well as There are no DoD lands with a combined with the information other Federal, State, and local contained in our IEM are what we completed INRMP within the proposed regulations). The baseline, therefore, critical habitat designation. consider our draft economic analysis represents the costs of all efforts (DEA) of the proposed critical habitat Consideration of Exclusions Under attributable to the listing of the species designation for the Panama City Section 4(b)(2) of the Act under the Act (i.e., conservation of the crayfish; our DEA is summarized in the species and its habitat incurred narrative below. Section 4(b)(2) of the Act states that regardless of whether critical habitat is the Secretary shall designate and make designated). The ‘‘with critical habitat’’ Executive Orders (E.O.s) 12866 and revisions to critical habitat on the basis scenario describes the incremental 13563 direct Federal agencies to assess of the best available scientific data after impacts associated specifically with the the costs and benefits of available taking into consideration the economic designation of critical habitat for the regulatory alternatives in quantitative impact, national security impact, and species. The incremental conservation (to the extent feasible) and qualitative any other relevant impact of specifying efforts and associated impacts would terms. Consistent with the E.O. any particular area as critical habitat. not be expected without the designation regulatory analysis requirements, our The Secretary may exclude an area from of critical habitat for the species. In effects analysis under the Act may take critical habitat if he determines that the other words, the incremental costs are into consideration impacts to both benefits of such exclusion outweigh the those attributable solely to the directly and indirectly affected entities, benefits of specifying such area as part designation of critical habitat, above and where practicable and reasonable. If of the critical habitat, unless he beyond the baseline costs. These are the sufficient data are available, we assess determines, based on the best scientific costs we use when evaluating the to the extent practicable the probable data available, that the failure to benefits of inclusion and exclusion of impacts to both directly and indirectly designate such area as critical habitat particular areas from the final affected entities. As part of our will result in the extinction of the designation of critical habitat should we screening analysis, we considered the species. In making the determination to choose to conduct a discretionary types of economic activities that are exclude a particular area, the plain 4(b)(2) exclusion analysis. likely to occur within the areas likely language of the statute, as well as the For this particular designation, we affected by the critical habitat legislative history, make clear that the developed an incremental effects designation. In our evaluation of the Secretary has broad discretion regarding memorandum (IEM) considering the probable incremental economic impacts which factor(s) to use and how much probable incremental economic impacts that may result from the proposed weight to give to any factor. that may result from this proposed designation of critical habitat for the We describe below the process that designation of critical habitat. The Panama City crayfish, first we we undertook for taking into information contained in our IEM was identified, in the IEM dated July 13, consideration each category of impacts then used to develop a screening 2018, probable incremental economic and our analyses of the relevant analysis of the probable effects of the impacts associated with the following impacts. designation of critical habitat for the categories of activities: Agriculture, Panama City crayfish (IEC 2018). We forest management (silviculture, Consideration of Economic Impacts began by conducting a screening timber), development, recreation, Section 4(b)(2) of the Act and its analysis of the proposed designation of restoration and conservation implementing regulations require that critical habitat in order to focus our management activities, transportation, we consider the economic impact that analysis on the key factors that are and utilities. We considered each

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19855

industry or category individually. we determined a unit to be occupied if concerns (e.g., a DoD installation that is Additionally, we considered whether it contains recent (i.e., observed since in the process of revising its INRMP for their activities have any Federal 2015) observations of Panama City a newly listed species or a species involvement. Critical habitat crayfish. All units are occupied because previously not covered). If a particular designation generally will not affect they contain populations of Panama area is not covered under section activities that do not have any Federal City crayfish at the time of proposed 4(a)(3)(B)(i), national-security or involvement; under the Act, designation listing, and each unit is considered homeland-security concerns are not a of critical habitat only affects activities essential to the conservation of the factor in the process of determining conducted, funded, permitted, or species. In total, we are proposing 7,177 what areas meet the definition of authorized by Federal agencies. If we acres (2,904 hectares) for designation as ‘‘critical habitat.’’ Nevertheless, when finalize our proposal to list the species, critical habitat for the Panama City designating critical habitat under in areas where the Panama City crayfish crayfish. In occupied areas, any actions section 4(b)(2), the Service must is present, Federal agencies would be that may affect the species or its habitat consider impacts on national security, required to consult with the Service would also affect critical habitat, and it including homeland security, on lands under section 7 of the Act on activities is unlikely that any additional or areas not covered by section they fund, permit, or implement that conservation efforts would be 4(a)(3)(B)(i). Accordingly, we will may affect the species. If we finalize this recommended to address the adverse always consider for exclusion from the proposed critical habitat designation, modification standard over and above designation areas for which DoD, consultations to avoid the destruction or those recommended as necessary to Department of Homeland Security adverse modification of critical habitat avoid jeopardizing the continued (DHS), or another Federal agency has would be incorporated into the existing existence of the Panama City crayfish. requested exclusion based on an consultation process. Incremental costs of the proposed assertion of national-security or In our IEM, we attempted to clarify critical habitat designation for the homeland-security concerns. the distinction between the effects that Panama City crayfish are likely to be We cannot, however, automatically would result from the species being limited to additional administrative exclude requested areas. When DoD, listed and those attributable to the costs to consider adverse modification DHS, or another Federal agency requests critical habitat designation (i.e., in consultations in all units. The exclusion from critical habitat on the difference between the jeopardy and incremental administrative burden basis of national-security or homeland- adverse modification standards) for the resulting from the designation of critical security impacts, it must provide a Panama City crayfish’s critical habitat. habitat for the Panama City crayfish is reasonably specific justification of an Because the proposed critical habitat for not anticipated to reach an annual effect incremental impact on national security the Panama City crayfish coincides with of $100 million (which is the economic that would result from the designation currently occupied areas by the species, threshold for a ‘‘significant regulatory of that specific area as critical habitat. it has been our experience that it is action’’ (see section 3(f)(1) of Executive That justification could include more difficult to discern which Order 12866)) based on the anticipated demonstration of probable impacts, conservation efforts are attributable to annual number of consultations and such as impacts to ongoing border- the species being listed and those which associated consultation costs, which are security patrols and surveillance will result solely from the designation of not expected to exceed $60,000 in any activities, or a delay in training or critical habitat. However, the following year. The designation is unlikely to facility construction, as a result of specific circumstances in this case help trigger additional requirements under compliance with section 7(a)(2) of the to inform our evaluation: (1) The State or local regulations and is not Act. If the agency requesting the essential physical or biological features expected to have perceptional effects. exclusion does not provide us with a identified for critical habitat are the We are soliciting data and comments reasonably specific justification, we will same features essential for the life from the public on the DEA discussed contact the agency to recommend that it requisites of the species, and (2) any above, as well as all aspects of this provide a specific justification or actions that would result in sufficient proposed rule and our required clarification of its concerns relative to harm or harassment to constitute determinations. During the development the probable incremental impact that jeopardy to the Panama City crayfish of a final designation, we will consider could result from the designation. If the would also likely adversely affect the the information presented in the DEA agency provides a reasonably specific essential physical or biological features and any additional information on justification, we will defer to the expert of critical habitat. The IEM outlines our economic impacts we receive during the judgment of DoD, DHS, or another rationale concerning this limited public comment period to determine Federal agency as to: (1) Whether distinction between baseline whether any specific areas should be activities on its lands or waters, or its conservation efforts and incremental excluded from the final critical habitat activities on other lands or waters, have impacts of the designation of critical designation under authority of section national-security or homeland-security habitat for this species. This evaluation 4(b)(2) of the Act and our implementing implications; (2) the importance of those of the incremental effects has been used regulations at 50 CFR 424.19. In implications; and (3) the degree to as the basis to evaluate the probable particular, we may exclude an area from which the cited implications would be incremental economic impacts of this critical habitat if we determine that the adversely affected in the absence of an proposed designation of critical habitat. benefits of excluding the area outweigh exclusion. In that circumstance, in The proposed critical habitat the benefits of including the area, conducting a discretionary section designation for the Panama City crayfish provided the exclusion will not result in 4(b)(2) exclusion analysis, we will give includes eight units, each of which the extinction of this species. great weight to national-security and contains one geographically and/or homeland-security concerns in genetically distinct population of the Consideration of National Security analyzing the benefits of exclusion. Panama City crayfish. All of these units Impacts In preparing this proposal, we have are in Bay County, Florida, and none Section 4(a)(3)(B)(i) of the Act may determined that the lands within the occur on Federal lands. For the not cover all DoD lands or areas that proposed designation of critical habitat purposes of critical habitat designation, pose potential national-security for Panama City crayfish are not owned,

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19856 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

managed, or used by the DoD or DHS, Required Determinations proposed or final rule, it must prepare and, therefore, we anticipate no impact and make available for public comment Clarity of the Rule on national security or homeland a regulatory flexibility analysis that security. However, during the We are required by Executive Orders describes the effects of the rule on small development of a final designation, we 12866 and 12988 and by the entities (i.e., small businesses, small will consider any additional Presidential Memorandum of June 1, organizations, and small government information received through the public 1998, to write all rules in plain jurisdictions). However, no regulatory comment period on the impacts of the language. This means that each rule we flexibility analysis is required if the proposed designation on national publish must: head of the agency certifies the rule will (1) Be logically organized; not have a significant economic impact security or homeland security to (2) Use the active voice to address on a substantial number of small determine whether any specific areas readers directly; entities. The SBREFA amended the RFA should be excluded from the final (3) Use clear language rather than to require Federal agencies to provide a critical habitat designation under jargon; certification statement of the factual authority of section 4(b)(2) and our (4) Be divided into short sections and basis for certifying that the rule will not implementing regulations at 50 CFR sentences; and have a significant economic impact on 424.19. (5) Use lists and tables wherever a substantial number of small entities. possible. Consideration of Other Relevant Impacts According to the Small Business If you feel that we have not met these Administration, small entities include Under section 4(b)(2) of the Act, we requirements, send us comments by one small organizations such as consider any other relevant impacts, in of the methods listed in ADDRESSES. To independent nonprofit organizations; addition to economic impacts and better help us revise the rule, your small governmental jurisdictions, comments should be as specific as impacts on national security discussed including school boards and city and possible. For example, you should tell above. We consider a number of factors, town governments that serve fewer than us the numbers of the sections or including whether there are permitted 50,000 residents; and small businesses paragraphs that are unclearly written, (13 CFR 121.201). Small businesses conservation plans covering the species which sections or sentences are too include manufacturing and mining in the area such as HCPs, safe harbor long, the sections where you feel lists or concerns with fewer than 500 agreements (SHAs), or candidate tables would be useful, etc. employees, wholesale trade entities conservation agreements with with fewer than 100 employees, retail assurances (CCAAs), or whether there Regulatory Planning and Review (Executive Orders 12866 and 13563) and service businesses with less than $5 are non-permitted conservation million in annual sales, general and agreements and partnerships that would Executive Order 12866 provides that heavy construction businesses with less be encouraged by designation of, or the Office of Information and Regulatory than $27.5 million in annual business, exclusion from, critical habitat. In Affairs (OIRA) will review all significant special trade contractors doing less than addition, we look at the existence of rules. OIRA has determined that this $11.5 million in annual business, and Tribal conservation plans and rule is not significant. agricultural businesses with annual partnerships and consider the Executive Order 13563 reaffirms the sales less than $750,000. To determine government-to-government relationship principles of E.O. 12866 while calling if potential economic impacts to these of the United States with Tribal entities. for improvements in the nation’s small entities are significant, we We also consider any social impacts that regulatory system to promote considered the types of activities that might occur because of the designation. predictability, to reduce uncertainty, might trigger regulatory impacts under and to use the best, most innovative, this designation as well as types of In preparing this proposal, we have and least burdensome tools for project modifications that may result. In determined that there are currently no achieving regulatory ends. The general, the term ‘‘significant economic HCPs or other management plans for the executive order directs agencies to impact’’ is meant to apply to a typical Panama City crayfish, and the proposed consider regulatory approaches that small business firm’s business designation does not include any Tribal reduce burdens and maintain flexibility operations. lands or trust resources. We anticipate and freedom of choice for the public Under the RFA, as amended, and as no impact on Tribal lands, partnerships, where these approaches are relevant, understood in light of recent court or HCPs from this proposed critical feasible, and consistent with regulatory decisions, Federal agencies are required habitat designation. Additionally, as objectives. E.O. 13563 emphasizes to evaluate the potential incremental described above, we are not considering further that regulations must be based impacts of rulemaking on those entities excluding any particular areas from on the best available science and that directly regulated by the rulemaking critical habitat on the basis of impacts the rulemaking process must allow for itself; in other words, the RFA does not to national security or economic public participation and an open require agencies to evaluate the impacts. However, during the exchange of ideas. We have developed potential impacts to indirectly regulated development of a final designation, we this rule in a manner consistent with entities. The regulatory mechanism will consider any additional these requirements. through which critical habitat protections are realized is section 7 of information we receive through the Regulatory Flexibility Act (5 U.S.C. 601 the Act, which requires Federal public comment period regarding other et seq.) agencies, in consultation with the relevant impacts of the proposed Under the Regulatory Flexibility Act Service, to ensure that any action designation and will determine whether (RFA; 5 U.S.C. 601 et seq.), as amended authorized, funded, or carried out by the any specific areas should be excluded by the Small Business Regulatory agency is not likely to destroy or from the final critical habitat Enforcement Fairness Act of 1996 adversely modify critical habitat. designation under authority of section (SBREFA; 5 U.S.C. 801 et seq.), Therefore, under section 7, only Federal 4(b)(2) and our implementing whenever an agency is required to action agencies are directly subject to regulations at 50 CFR 424.19. publish a notice of rulemaking for any the specific regulatory requirement

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19857

(avoiding destruction and adverse with two exceptions. It excludes ‘‘a Therefore, a Small Government Agency modification) imposed by critical condition of Federal assistance.’’ It also Plan is not required. habitat designation. Consequently, it is excludes ‘‘a duty arising from Takings—Executive Order 12630 our position that only Federal action participation in a voluntary Federal agencies would be directly regulated if program,’’ unless the regulation ‘‘relates In accordance with E.O. 12630 we adopt the proposed critical habitat to a then-existing Federal program (Government Actions and Interference designation. There is no requirement under which $500,000,000 or more is with Constitutionally Protected Private under the RFA to evaluate the potential provided annually to State, local, and Property Rights), we have analyzed the impacts to entities not directly tribal governments under entitlement potential takings implications of regulated. Moreover, Federal agencies authority,’’ if the provision would designating critical habitat for the are not small entities. Therefore, ‘‘increase the stringency of conditions of Panama City crayfish in a takings because no small entities would be assistance’’ or ‘‘place caps upon, or implications assessment. The Act does directly regulated by this rulemaking, otherwise decrease, the Federal not authorize the Service to regulate the Service certifies that, if made final Government’s responsibility to provide private actions on private lands or as proposed, the proposed critical funding,’’ and the State, local, or tribal confiscate private property as a result of habitat designation will not have a governments ‘‘lack authority’’ to adjust critical habitat designation. Designation significant economic impact on a accordingly. At the time of enactment, of critical habitat does not affect land substantial number of small entities. these entitlement programs were: ownership, or establish any closures, or In summary, we have considered Medicaid; Aid to Families with restrictions on use of or access to the whether the proposed designation Dependent Children work programs; designated areas. Furthermore, the would result in a significant economic Child Nutrition; Food Stamps; Social designation of critical habitat does not impact on a substantial number of small Services Block Grants; Vocational affect landowner actions that do not entities. For the above reasons and Rehabilitation State Grants; Foster Care, require Federal funding or permits, nor based on currently available Adoption Assistance, and Independent does it preclude development of habitat information, we certify that, if made Living; Family Support Welfare conservation programs or issuance of final, the proposed critical habitat Services; and Child Support incidental take permits to permit actions designation would not have a significant Enforcement. ‘‘Federal private sector that do require Federal funding or economic impact on a substantial mandate’’ includes a regulation that permits to go forward. However, Federal agencies are prohibited from carrying number of small business entities. ‘‘would impose an enforceable duty out, funding, or authorizing actions that Therefore, an initial regulatory upon the private sector, except (i) a would destroy or adversely modify flexibility analysis is not required. condition of Federal assistance or (ii) a critical habitat. A takings implications duty arising from participation in a Energy Supply, Distribution, or Use— assessment has been completed for the voluntary Federal program.’’ Executive Order 13211 proposed designation of critical habitat Executive Order 13211 (Actions The designation of critical habitat for the Panama City crayfish, and it Concerning Regulations That does not impose a legally binding duty concludes that, if adopted, this Significantly Affect Energy Supply, on non-Federal Government entities or designation of critical habitat does not Distribution, or Use) requires agencies private parties. Under the Act, the only pose significant takings implications for to prepare Statements of Energy Effects regulatory effect is that Federal agencies lands within or affected by the when undertaking certain actions. In must ensure that their actions do not designation. destroy or adversely modify critical our economic analysis, we did not find Federalism—Executive Order 13132 that the designation of this proposed habitat under section 7. While non- critical habitat would significantly affect Federal entities that receive Federal In accordance with E.O. 13132 energy supplies, distribution, or use funding, assistance, or permits, or that (Federalism), this proposed rule does because these were not identified as otherwise require approval or not have significant Federalism effects. land use sectors within the critical authorization from a Federal agency for A federalism summary impact statement habitat areas. Therefore, this action is an action, may be indirectly impacted is not required. In keeping with not a significant energy action, and no by the designation of critical habitat, the Department of the Interior and Statement of Energy Effects is required. legally binding duty to avoid Department of Commerce policy, we destruction or adverse modification of requested information from, and Unfunded Mandates Reform Act (2 critical habitat rests squarely on the coordinated development of this U.S.C. 1501 et seq.) Federal agency. Furthermore, to the proposed critical habitat designation In accordance with the Unfunded extent that non-Federal entities are with, appropriate State resource Mandates Reform Act (2 U.S.C. 1501 et indirectly impacted because they agencies. From a federalism perspective, seq.), we make the following finding: receive Federal assistance or participate the designation of critical habitat (1) This proposed rule would not in a voluntary Federal aid program, the directly affects only the responsibilities produce a Federal mandate. In general, Unfunded Mandates Reform Act would of Federal agencies. The Act imposes no a Federal mandate is a provision in not apply, nor would critical habitat other duties with respect to critical legislation, statute, or regulation that shift the costs of the large entitlement habitat, either for States and local would impose an enforceable duty upon programs listed above onto State governments, or for anyone else. As a State, local, or tribal governments, or the governments. result, the proposed rule does not have private sector, and includes both (2) We do not believe that this rule substantial direct effects either on the ‘‘Federal intergovernmental mandates’’ would significantly or uniquely affect States, or on the relationship between and ‘‘Federal private sector mandates.’’ small governments. Small governments the national government and the States, These terms are defined in 2 U.S.C. will be affected only to the extent that or on the distribution of powers and 658(5)–(7). ‘‘Federal intergovernmental any programs having Federal funds, responsibilities among the various mandate’’ includes a regulation that permits, or other authorized activities levels of government. The proposed ‘‘would impose an enforceable duty must ensure that their actions will not designation may have some benefit to upon State, local, or tribal governments’’ adversely affect the critical habitat. these governments because the areas

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19858 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

that contain the features essential to the National Environmental Policy Act (42 List of Subjects in 50 CFR Part 17 conservation of the species are more U.S.C. 4321 et seq.) Endangered and threatened species, clearly defined, and the physical or Exports, Imports, Reporting and biological features of the habitat It is our position that, outside the jurisdiction of the U.S. Court of Appeals recordkeeping requirements, necessary for the conservation of the Transportation. species are specifically identified. This for the Tenth Circuit, we do not need to information does not alter where and prepare environmental analyses Proposed Regulation Promulgation pursuant to the National Environmental what federally sponsored activities may Accordingly, we propose to amend Policy Act (NEPA; 42 U.S.C. 4321 et occur. However, it may assist State and part 17, subchapter B of chapter I, title seq.) in connection with regulations local governments in long-range 50 of the Code of Federal Regulations, adopted pursuant to section 4(a) of the planning because they no longer have to as set forth below: Act. We published a notice outlining wait for case-by-case section 7 our reasons for this determination in the consultations to occur. PART 17—ENDANGERED AND Federal Register on October 25, 1983 THREATENED WILDLIFE AND PLANTS Where State and local governments (48 FR 49244). This position was upheld require approval or authorization from a by the U.S. Court of Appeals for the ■ 1. The authority citation for part 17 Federal agency for actions that may Ninth Circuit (Douglas County v. continues to read as follows: affect critical habitat, consultation Babbitt, 48 F.3d 1495 (9th Cir. 1995), Authority: 16 U.S.C. 1361–1407; 1531– under section 7(a)(2) of the Act would cert. denied 516 U.S. 1042 (1996)). 1544; and 4201–4245, unless otherwise be required. While non-Federal entities noted. Government-to-Government that receive Federal funding, assistance, Relationship With Tribes ■ 2. Amend § 17.46 by adding or permits, or that otherwise require paragraph (d) to read as follows: approval or authorization from a Federal In accordance with the President’s agency for an action, may be indirectly memorandum of April 29, 1994 § 17.46 Special rules—crustaceans. impacted by the designation of critical (Government-to-Government Relations * * * * * habitat, the legally binding duty to with Native American Tribal (d) Panama City Crayfish avoid destruction or adverse Governments; 59 FR 22951), Executive (Procambarus econfinae)—(1) modification of critical habitat rests Order 13175 (Consultation and Prohibitions. The following prohibitions squarely on the Federal agency. Coordination with Indian Tribal that apply to endangered wildlife also Governments), and the Department of apply to the Panama City crayfish. Civil Justice Reform—Executive Order the Interior’s manual at 512 DM 2, we Except as provided under paragraph 12988 readily acknowledge our responsibility (d)(2) of this section and §§ 17.4 and 17.5, it is unlawful for any person In accordance with Executive Order to communicate meaningfully with recognized Federal Tribes on a subject to the jurisdiction of the United 12988 (Civil Justice Reform), the Office States to commit, to attempt to commit, of the Solicitor has determined that the government-to-government basis. In accordance with Secretarial Order 3206 to solicit another to commit, or cause to rule does not unduly burden the judicial of June 5, 1997 (American Indian Tribal be committed, any of the following acts system and that it meets the Rights, Federal-Tribal Trust in regard to these species: requirements of sections 3(a) and 3(b)(2) Responsibilities, and the Endangered (i) Import or export, as set forth at of the Order. We have proposed Species Act), we readily acknowledge § 17.21(b) for endangered wildlife. designating critical habitat in our responsibilities to work directly (ii) Take, as set forth at § 17.21(c)(1) accordance with the provisions of the with Tribes in developing programs for for endangered wildlife. Act. To assist the public in healthy ecosystems, to acknowledge that (iii) Possession and other acts with understanding the habitat needs of the Tribal lands are not subject to the same unlawfully taken specimens, as set forth species, this proposed rule identifies the controls as Federal public lands, to at § 17.21(d)(1) for endangered wildlife. elements of physical or biological remain sensitive to Indian culture, and (iv) Interstate or foreign commerce in features essential to the conservation of to make information available to Tribes. the course of a commercial activity, as the species. The proposed areas of We have determined that no Tribal set forth at § 17.21(e) for endangered critical habitat are presented on maps, lands fall within the boundaries of the wildlife. and the proposed rule provides several proposed critical habitat for the Panama (v) Sale or offer for sale, as set forth options for the interested public to City crayfish, so no Tribal lands would at § 17.21(f) for endangered wildlife. obtain more detailed location be affected by the proposed designation. (2) Exceptions from prohibitions. In information, if desired. regard to this species, you may: References Cited (i) Conduct activities as authorized by Paperwork Reduction Act of 1995 (44 a permit under § 17.32. U.S.C. 3501 et seq.) A complete list of references cited in (ii) Take, as set forth at § 17.21(c)(2) this rulemaking is available on the through (c)(4) for endangered wildlife. This rule does not contain internet at http://www.regulations.gov (iii) Take as set forth at § 17.31(b). information collection requirements, and upon request from the Panama City (iv) Take incidental to an otherwise and a submission to the Office of Field Office (see FOR FURTHER lawful activity caused by: Management and Budget (OMB) under INFORMATION CONTACT). (A) Conservation and restoration the Paperwork Reduction Act of 1995 Authors efforts by the Service or State wildlife (44 U.S.C. 3501 et seq.) is not required. agencies, including, but not limited to, We may not conduct or sponsor and you The primary authors of this proposed collection of broodstock, tissue are not required to respond to a rulemaking are the staff members of the collection for genetic analysis, captive collection of information unless it Fish and Wildlife Service’s Species propagation, subsequent stocking into displays a currently valid OMB control Assessment Team and the Florida unoccupied areas within the historical number. Ecological Services Field Office. range of the species and follow-up

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19859

monitoring, and actions necessary to aid but improve or restore, the natural (B) Secondary soils within 100 meters a sick, injured, or orphaned specimen, hydrology; (328 feet) of core soils: Albany Sand, to dispose of a dead specimen, or to (4) After coordination with the local Leefield Sand, Leon Fine Sand, Osier salvage a dead specimen which may be FWS office the following: Maintenance Fine Sand, and Alapaha Loamy Sand; useful for scientific study. associated with rights-of-way or and (B) Development practices that: powerlines, powerline and pole (C) Currently, or can eventually, (1) Maintain existing structures and placements and replacements, and support native herbaceous vegetation construction or reconstruction activities directional boring. such as, but not limited to, wiregrass that occur within the existing footprint (v) Possess and engage in other acts (Aristida beyrichiana), redroot of previously developed areas; with unlawfully taken wildlife, as set (Lachnanthes caroliniana), beakrushes (2) Build new structures that occur forth at § 17.21(d)(2) for endangered (Rhynchospora spp.), pitcher plants within 100 feet of existing structures on wildlife. (Sarracenia spp.), sundews (Drosera an individual private landowner’s ■ 3. Amend § 17.95(h) by adding an spp.), butterworts (Pinguicula spp.), and property and with a new footprint less entry for ‘‘Panama City Crayfish lilies (Hymenocallis spp.). than 1,000 square feet, such as a pool or (Procambarus econfinae)’’, in the same (iii) Undeveloped lands that contain shed associated with an existing house; alphabetical order that it appears in the surface and groundwater of sufficient (3) Install culverts for individual table at § 17.11(h), to read as follows: quality to support all life stages of the landowners not associated with housing § 17.95 Critical habitat—fish and wildlife. Panama City crayfish and the developments on lands greater than one herbaceous vegetation on which they acre; * * * * * rely, specifically surface waters with: (h) * * * (4) Build platforms or boardwalks for (A) Oxygen levels that range between recreational purposes on conservation Panama City Crayfish (Procambarus 2 and 9 milligrams per liter; lands that allow sunlight of sufficient econfinae) (B) pH levels between 4.1 and 9.2; and levels to maintain herbaceous (C) temperatures between 42 and 94 groundcover; (1) Critical habitat units are depicted degrees Fahrenheit (°F) (5 and 34.4 (5) Build paths used for nonmotorized for Bay County, Florida, on the maps degrees Celsius (°C)), although optimum activities as long as the project footprint, below. temperatures are thought to be in the including construction impacts, alter no (2) Within these areas, the physical or range of 68 to 79 °F (20 to 26 °C). more than 5 percent of the acreage in biological features essential to the core or secondary soils within lands conservation of Panama City crayfish (3) Critical habitat does not include under a conservation easement. consist of the following components: manmade structures (such as buildings, (C) Certain land management (i) Undeveloped lands, including aqueducts, runways, roads, and other activities, including: cropland, utilities rights-of-way, paved areas) and the land on which they (1) Silvicultural (forestry) activities timberlands, and grazing lands, that are located existing within the legal located in secondary soils that follow support open wet pine flatwoods and boundaries on the effective date of the state best management practices (BMPs); wet prairie habitats that contain the final rule. (2) Prescribed burning and wildfire following: (4) Critical habitat map units. Data control efforts when following state (A) Appropriate herbaceous layers defining map units were created BMPs, guidelines, or permit conditions; groundcover vegetation; based on known occurrences and (3) Herbicide application activities (B) Permanent or temporary pools of habitat requirements. Critical habitat targeting exotic plants or shrub species shallow (usually less than 1 foot) units were mapped in ArcMap (ESRI, when following all other state and freshwater locations; and Inc.) using the U.S. Department of federal BMPs, guidelines, or permit (C) Gently-sloped ground level swales Agriculture, Natural Resources conditions; with a 3:1 or shallower slope ratio along Conservation Service, Soil Survey (4) Agricultural maintenance ecotonal areas. Geographic Database dataset. The maps activities in pasture and rangelands (ii) Soil types within undeveloped in this entry, as modified by any (including cattle operations) that were lands that provide sediment structure accompanying regulatory text, establish established prior to January 3, 2018, that needed for burrow construction and that the boundaries of the critical habitat do not have indirect impacts to adjacent support mostly native herbaceous designation. The shapefiles on which Panama City crayfish habitat. vegetation needed for food and cover, each map is based are available to the (D) Utility actions, including: and where the ground water is always public at http://www.regulations.gov at (1) Ditch mowing and maintenance within 3 feet of the ground surface and Docket No. FWS–R4–ES–2020–0137 and outside of critical habitat units; surface waters occur on occasion. These at the field office responsible for this (2) Ditch mowing or maintenance soil types include: designation. You may obtain field office within critical habitat units after (A) Core soils for Panama City location information by contacting one coordination with the local FWS office; crayfish, including Pamlico-Dorovan of the Service regional offices, the (3) Culvert replacements or Complex, Rutlege Sand, Plummer Sand, addresses of which are listed at 50 CFR maintenance on individual landowner Pelham Sand, Pantego Sandy Loam, and 2.2. properties that do not adversely affect, Rutledge-Pamlico Complex; (5) Note: Index map follows:

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 19860 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

Index Map of Critical Habitat Units for Procambarus econfinae (Panama City Crayfish) Bay County, Florida

Critical Habitat 3 -==--===Kilometers ,,-,,,,./ Unit Boundary --==---c:::==Miles Bay County 0.95 1.9 2.85

(6) Unit 1: 19th Street, Bay County, is composed of lands in State, county, (ii) Map of Units 1, 2, 3, and 4 Florida. or city ownership (3.7 ac (1.5 ha)), and follows: (i) General description: Unit 1 private ownership (20.6 ac (8.3 ha)). consists of 24.3 acres (9.8 hectares) and

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.001 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19861

Critical Habitat for Procambarus econfinae (Panama City Crayfish) Units 1-4: 19th, Talkington, Minnesota, and Transmitter West Bay County, Florida

0 0.5 1.5 -=--==Kilometers

--==---==:::iMiles 0 0.4 0.8 1.2

(7) Unit 2: Talkington, Bay County, or city ownership (37.2 ac (15.0 ha)), (ii) Map of Unit 4 is provided at Florida. and private ownership (27.9 ac (11.3 paragraph (6)(ii) of this entry. (i) General description: Unit 2 ha)). (10) Unit 5: Deer Point, Bay County, consists of 53.1 acres (21.5 hectares) and (ii) Map of Unit 3 is provided at Florida. is composed of lands entirely in private paragraph (6)(ii) of this entry. ownership. (9) Unit 4: Transmitter West, Bay (i) General description: Unit 5 (ii) Map of Unit 2 is provided at County, Florida. consists of 414.6 ac (167.8 ha) and is paragraph (6)(ii) of this entry. (i) General description: Unit 4 composed of lands in State, county, or (8) Unit 3: Minnesota, Bay County, consists of 248.4 acres (100.5 hectares) city ownership (0.9 ac (0.4 ha)), and Florida. and is composed of lands in State, private ownership (413.8 ac (167.5 ha)). (i) General description: Unit 3 county, or city ownership (4.7 ac (1.9 (ii) Map of Units 5 and 6 follows: consists of 65.0 acres (26.3 hectares) and ha)), and private ownership (243.7 ac is composed of lands in State, county, (98.6 ha)). BILLING CODE 4333–15–P

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.002 19862 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules

Critical Habitat for Procambarus econfinae (Panama City Crayfish) Units 5-6: Deer Point and High Point Bay County, Florida

North Bay

0 0.45 0.9 1.35 -- Critical Habitat --===---==:::iKilometers Bay County --==----===::::iMlles 0 0.35 0.7 1.05

(11) Unit 6: High Point, Bay County, city ownership (0.5 ac (0.2 ha)), and is composed of lands in State, county, Florida. private ownership (37.9 ac (15.3 ha)). or city ownership (9.7 ac (4.0 ha)), and (i) General description: Unit 6 (ii) Map of Unit 6 is provided at private ownership (2,751.6 ac (1,113.5 paragraph (10)(ii) of this entry. consists of 38.4 ac (15.5 ha) and is ha)). (12) Unit 7: Star, Bay County, Florida. composed of lands in State, county, or (i) General description: Unit 7 (ii) Map of Units 7 and 8 follows: consists of 2,761.4 ac (1,117.5 ha) and

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.003 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules 19863

Critical Habitat for Procambarus econfinae (Panama City Crayfish) Units 7-8: Star and Transmitter East Bay County, Florida

0 0.75 1.5 2.25 -c=:=---==::::iKilometers nit Boundary --=:::::11---==:::::iMiles ay County 0 0.55 1.1 1.65

(13) Unit 8: Transmitter East, Bay (ii) Map of Unit 8 is provided at DEPARTMENT OF COMMERCE County, Florida. paragraph (12)(ii) of this entry. National Oceanic and Atmospheric (i) General description: Unit 8 * * * * * Administration consists of 3,571.5 ac (1,445.4 ha) and Martha Williams, is composed of lands in State, county, 50 CFR Parts 223 and 224 or city ownership (82.5 ac (33.4 ha)), Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and private ownership (3,489.0 ac and Wildlife Service. [Docket No. 210409–0078;RTID 0648– (1,412.0 ha)). [FR Doc. 2021–07243 Filed 4–14–21; 8:45 am] XR116] BILLING CODE 4333–15–C Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Shortfin Mako Shark as Threatened or Endangered Under the Endangered Species Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

VerDate Sep<11>2014 16:01 Apr 14, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP15AP21.004