81 FR 41926 - Endangered and Threatened Species; Critical Habitat for the Endangered Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

NMFS published in the Federal Register of June 3, 2016, a document proposing to designate critical habitat for the endangered Carolina distinct population segment of the Atlantic sturgeon (Carolina DPS of Atlantic sturgeon) and the endangered South Atlantic distinct population segment of the Atlantic sturgeon (South Atlantic DPS of Atlantic sturgeon) pursuant to section 4 of the Endangered Species Act (ESA). This correction clarifies what types of man-made structures are not included in the proposed designation.

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Proposed Rules]
[Pages 41926-41927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15045]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 150817733-6519-02]
RIN 0648-BF32


Endangered and Threatened Species; Critical Habitat for the 
Endangered Carolina and South Atlantic Distinct Population Segments of 
Atlantic Sturgeon; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; correction.

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SUMMARY: NMFS published in the Federal Register of June 3, 2016, a 
document proposing to designate critical habitat for the endangered 
Carolina distinct population segment of the Atlantic sturgeon (Carolina 
DPS of Atlantic sturgeon) and the endangered South Atlantic distinct 
population segment of the Atlantic sturgeon (South Atlantic DPS of 
Atlantic sturgeon) pursuant to section 4 of the Endangered Species Act 
(ESA). This correction clarifies what types of man-made structures are 
not included in the proposed designation.

DATES: Comments on this proposal must be received by September 1, 2016.

ADDRESSES: You may submit comments, identified by the docket number 
NOAA-NMFS-2015-0157, by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015- 0157 click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Assistant Regional Administrator, Protected 
Resources Division, NMFS, Southeast Regional Office, 263 13th Avenue 
South, St. Petersburg, FL 33701. Instructions: You must submit comments 
by one of the above methods to ensure that we receive, document, and 
consider them. Comments sent by any other method, to any other address 
or individual, or

[[Page 41927]]

received after the end of the comment period, may not be considered. 
All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Jason Rueter, NMFS, Southeast Regional 
Office, 727-824-5312, [email protected]; Andrew Herndon, Southeast 
Regional Office, 727-824-5312, [email protected]; Lisa Manning, 
NMFS, Office of Protected Resources, 301-427-8466, 
[email protected].

Correction

    The proposed rule that published in the Federal Register on June 3, 
2016 (81 FR 36078), contained misleading language regarding what areas 
were not to be considered part of the proposed designation. The 
original language inadvertently identified ``marinas'' and ``maintained 
channels'' as examples of areas not included. Because marinas and 
maintained channels may contain the physical features essential for the 
conservation of the species, these areas should be included in critical 
habitat. Further, the original language did not specify a date by which 
such structures would have to be in place to be considered 
``existing''. Therefore, we are clarifying what is meant by the term 
``man-made structures,'' and we are inserting an effective date by 
which such structures would be covered under this provision.

Correction

    In proposed rule FR Doc. 2016-12744 beginning on page 36078 in the 
issue of June 3, 2016, make the following correction.


Sec.  226.226  [Corrected]

    On page 36101 in the third column, paragraph (d) of Sec.  226.226 
is corrected to read as follows:
    ``(d) Areas not Included in Critical Habitat. Pursuant to ESA 
section 3(5)(A)(i), critical habitat does not include areas containing 
existing (already constructed), as of [EFFECTIVE DATE OF FINAL RULE], 
federally authorized or permitted man-made structures where the 
physical features are not expected to be found, such as aids-to- 
navigation (ATONs), artificial reefs, boat ramps, docks, or pilings 
within the legal boundaries.''

    Dated: June 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-15045 Filed 6-27-16; 8:45 am]
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