82 FR 24654 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Texas Hornshell
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 102 (May 30, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24654-24656 | |
| FR Document | 2017-11189 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Proposed Rules] [Pages 24654-24656] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11189] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R2-ES-2016-0077; 4500030113] RIN 1018-BB34 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Texas Hornshell AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period; public hearings. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period for our August 10, 2016, proposed rule to list the Texas hornshell (Popenaias popeii) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We also are notifying the public that we have scheduled informational meetings followed by public hearings on the proposed rule. Comments previously submitted on the proposal need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determination. DATES: Written comments: The comment period on the proposed rule that published August 10, 2016 (81 FR 52796), is reopened. We request that comments on the proposal be submitted on or before June 29, 2017. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. Public meetings and hearings: We will hold two public informational sessions and public hearings on the proposed listing rule: (1) A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 13, 2017, in Laredo, Texas (see ADDRESSES); and (2) A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 15, 2017, in Carlsbad, New Mexico (see ADDRESSES). People needing reasonable accommodations in order to attend and participate in the public meetings should contact the Texas Coastal Ecological Services Field Office, at 281-286-8282, as soon as possible (see FOR FURTHER INFORMATION CONTACT). In order to allow sufficient time to process requests, please call no later than 1 week before the meeting date. ADDRESSES: Document availability: You may obtain copies of the proposed rule and Species Status Assessment Report on the Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-0077, or by mail from the Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Written comments: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0077. You may submit a comment by clicking on ``Comment Now!'' (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R2-ES-2016-0077; U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on http:// [[Page 24655]] www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information) Public meetings and hearings: The public informational meetings will be held on the following dates and locations: 1. A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. at Student Center Ballroom #203, Texas A&M International University, 5201 University Blvd., Laredo, Texas 78041, on June 13, 2017. 2. A public informational session from 5:00 p.m. to 6:00 p.m., followed by a public hearing from 6:30 p.m. to 8:30 p.m. at the Pecos River Village Conference Center, 711 Muscatel Ave., Carlsbad, NM 88220, on June 15, 2017. FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 El Camino Real #211, Houston, TX 77058; by telephone 281-286-8282; or by facsimile 281-488-5882. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The Texas hornshell's biology, range, and population trends, including: (a) Biological or ecological requirements of the species, including habitat requirements for feeding and spawning; (b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species, its habitat, or both. (2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species, particularly in Mexico. (5) Information related to climate change within the range of the Texas hornshell and how it may affect the species' habitat. (6) The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.) (7) Specific information on: (a) The amount and distribution of habitat for the Texas hornshell; (b) What areas, that are currently occupied and that contain the physical and biological features essential to the conservation of the Texas hornshell, should be included in a critical habitat designation and why; (c) Special management considerations or protection that may be needed for the essential features in potential critical habitat areas, including managing for the potential effects of climate change; and (d) What areas not occupied at the time of listing are essential for the conservation of the species and why. If you previously submitted comments or information on the August 10, 2016, proposed rule (81 FR 52796), please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in our final determination. Our final determination concerning the proposed rulemaking will take into consideration all written comments and any information we receive. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made ``solely on the basis of the best scientific and commercial data available.'' You may submit your comments and materials concerning the proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via http://www.regulations.gov, your entire submission-- including any personal identifying information--will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016- 0077, or by mail from the U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Background On August 10, 2016, we published a proposed rule (81 FR 52796) to list the Texas hornshell as an endangered species under the Act. The publication of this proposed rule was pursuant to a court-approved settlement agreement (Endangered Species Act Section 4 Deadline Litigation, No. 10-377 (EGS), MDL Docket No. 2165 (D.D.C. May 10, 2011)). That proposal had a 60-day comment period, ending October 11, 2016. The Act and the relevant settlement agreement require that we publish a final listing determination for the Texas hornshell on or before August 10, 2017. For a description of previous Federal actions concerning the Texas hornshell, please refer to the August 10, 2016, proposed listing rule (81 FR 52796). During the comment period for the proposed listing rule, we received several requests for public hearings. We are reopening the comment period on our proposal to list the Texas hornshell as an endangered species for 30 days (see DATES) to hold those public hearings and allow the public an opportunity to provide comments on our proposal. [[Page 24656]] Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: May 4, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-11189 Filed 5-26-17; 8:45 am] BILLING CODE 4333-15-P
![24654 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules
regulatory burdens’’ on the American and additional comments are not public hearings on the proposed rule.
people. Section 3(a) of the E.O. directs requested. Comments previously submitted on the
federal agencies to establish a GSA is particularly interested in proposal need not be resubmitted, as
Regulatory Reform Task Force (Task comments on areas not recently they are already incorporated into the
Force). One of the duties of the Task addressed, such as evergreen, price public record and will be fully
Force is to evaluate existing regulations adjustments, catalogs, requirements considered in our final determination.
and ‘‘make recommendations to the relating to utilities, construction, and DATES: Written comments: The comment
agency head regarding their repeal, facilities. In addition, the recent period on the proposed rule that
replacement, or modification.’’ The E.O. Transactional Data Reporting rule is a published August 10, 2016 (81 FR
further asks that each Task Force final rule and is in a pilot stage. As 52796), is reopened. We request that
‘‘attempt to identify regulations that: such, comments on it, along with the comments on the proposal be submitted
(i) Eliminate jobs, or inhibit job Price Reduction Clause and the on or before June 29, 2017. Comments
creation; Commercial Sales Practice format, are submitted electronically using the
(ii) are outdated, unnecessary, or also encouraged. Federal eRulemaking Portal (see
ineffective; GSA requests that comments be as ADDRESSES section, below) must be
(iii) impose costs that exceed benefits; specific as possible, include any received by 11:59 p.m. Eastern Time on
(iv) create a serious inconsistency or supporting data or other information the closing date.
otherwise interfere with regulatory such as cost information, provide a Public meetings and hearings: We
reform initiatives and policies; Federal Register (FR) or Code of Federal will hold two public informational
(v) are inconsistent with the Regulations (CFR) citation when sessions and public hearings on the
requirements of section 515 of the referencing a specific regulation, or cite proposed listing rule:
Treasury and General Government a FAS or PBS clause number when (1) A public informational session
Appropriates Act, 2001 (44 U.S.C. 3516 citing service level policy. To be from 5:00 p.m. to 6:00 p.m., followed by
note), or the guidance issued pursuant beneficial, comments should provide a public hearing from 6:30 p.m. to 8:30
to that provision in particular those specific suggestions regarding repeal, p.m. on June 13, 2017, in Laredo, Texas
regulations that rely in whole or in part replacement or modification. Although (see ADDRESSES); and
on data, information, or methods that the agency may not respond to each (2) A public informational session
are not publicly available or that are individual comment, the GSA values from 5:00 p.m. to 6:00 p.m., followed by
insufficiently transparent to meet the public feedback and will give careful a public hearing from 6:30 p.m. to 8:30
standard of reproducibility; or consideration to all input that it p.m. on June 15, 2017, in Carlsbad, New
(vi) derive from or implement receives. GSA will also be conducting Mexico (see ADDRESSES).
Executive Orders or other Presidential targeted outreach on this same topic. People needing reasonable
directives that have been subsequently Dated: May 23, 2017. accommodations in order to attend and
rescinded or substantially modified.’’ Michael Downing, participate in the public meetings
Section 3(e) of the E.O. calls on the Regulatory Reform Officer, Office of the should contact the Texas Coastal
Task Force to ‘‘seek input and other Administrator. Ecological Services Field Office, at 281–
assistance, as permitted by law, from [FR Doc. 2017–11052 Filed 5–26–17; 8:45 am] 286–8282, as soon as possible (see FOR
entities significantly affected by Federal BILLING CODE 6820–61–P
FURTHER INFORMATION CONTACT). In order
regulations, including State, local, and to allow sufficient time to process
tribal governments, small businesses, requests, please call no later than 1
consumers, non-governmental DEPARTMENT OF THE INTERIOR week before the meeting date.
organizations, and trade associations’’ ADDRESSES: Document availability: You
on regulations that meet some or all of Fish and Wildlife Service may obtain copies of the proposed rule
the criteria above. Through this notice, and Species Status Assessment Report
GSA is soliciting such input from the 50 CFR Part 17 on the Internet at http://
public to inform its Task Force’s www.regulations.gov at Docket No.
[Docket No. FWS–R2–ES–2016–0077;
evaluation. This notice is specifically FWS–R2–ES–2016–0077, or by mail
4500030113]
requesting input on existing acquisition from the Texas Coastal Ecological
regulations, policies, and guidance RIN 1018–BB34 Services Field Office (see FOR FURTHER
issued by GSA (e.g., GSAR, GSA INFORMATION CONTACT).
handbooks) or by the Federal Endangered and Threatened Wildlife Written comments: You may submit
Acquisition Service or the Public and Plants; Endangered Species comments by one of the following
Building Service. Examples of Status for the Texas Hornshell methods:
regulations, policies, and guidance GSA AGENCY: Fish and Wildlife Service, (1) Electronically: Go to the Federal
is requesting input on include GSA’s Interior. eRulemaking Portal: http://
supplement to the FAR, the GSA ACTION: Proposed rule; reopening of www.regulations.gov. In the Search box,
Acquisition Regulations (GSAR), the comment period; public hearings. enter FWS–R2–ES–2016–0077. You may
GSA Acquisition Manual (GSAM), or submit a comment by clicking on
acquisition policies, standards, business SUMMARY: We, the U.S. Fish and ‘‘Comment Now!’’
practices and guidance that have not Wildlife Service (Service), announce the (2) By hard copy: Submit by U.S. mail
sradovich on DSK3GMQ082PROD with PROPOSALS
been codified through regulation, but reopening of the comment period for or hand-delivery to: Public Comments
may be still be appropriate for repeal, our August 10, 2016, proposed rule to Processing, Attn: FWS–R2–ES–2016–
replacement, or modification. list the Texas hornshell (Popenaias 0077; U.S. Fish and Wildlife Service
GSA has recently received public popeii) as an endangered species under Headquarters, MS: BPHC, 5275 Leesburg
comments on Commercial Software the Endangered Species Act of 1973, as Pike, Falls Church, VA 22041–3803.
Licenses and Order Level Materials amended (Act). We also are notifying We request that you send comments
(Other Direct Costs). These rules are the public that we have scheduled only by the methods described above.
currently in the final rulemaking stages informational meetings followed by We will post all comments on http://
VerDate Sep<11>2014 19:39 May 26, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 E:\FR\FM\30MYP1.SGM 30MYP1](https://thefederalregister.org/doc/82_FR_24756/page/1.svg)
![24656 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Proposed Rules
Authority DATES: Comments must be received by (California, Oregon, and Washington) in
The authority for this action is the June 14, 2017. accordance with the FMP. Annual
Endangered Species Act of 1973, as ADDRESSES: You may submit comments specifications published in the Federal
amended (16 U.S.C. 1531 et seq.). on this document, identified by NOAA– Register establish the allowable harvest
NMFS–2017–0045, by any of the levels (i.e., OFL/ACL/HG) for each
Dated: May 4, 2017. Pacific sardine fishing year. The
following methods:
James W. Kurth, • Electronic Submissions: Submit all purpose of this proposed rule is to
Acting Director, U.S. Fish and Wildlife electronic public comments via the implement these annual catch reference
Service. Federal e-Rulemaking Portal. Go to points for 2017–2018, including the
[FR Doc. 2017–11189 Filed 5–26–17; 8:45 am] www.regulations.gov/#!docketDetail;D= OFL and an ABC that takes into
BILLING CODE 4333–15–P NOAA-NMFS-2017-0045, click the consideration uncertainty surrounding
‘‘Comment Now!’’ icon, complete the the current estimate of biomass for
required fields, and enter or attach your Pacific sardine. The FMP and its
DEPARTMENT OF COMMERCE comments. implementing regulations require NMFS
• Mail: Submit written comments to to set these annual catch levels for the
National Oceanic and Atmospheric Barry A. Thom, Regional Administrator, Pacific sardine fishery based on the
Administration West Coast Region, NMFS, 7600 Sand annual specification framework and
Point Way NE., Seattle, WA 98115– control rules in the FMP. These control
50 CFR Part 660 0070; Attn: Joshua Lindsay. rules include the HG control rule,
[Docket No. 170320292–7292–01]
• Instructions: Comments sent by any which, in conjunction with the OFL and
other method, to any other address or ABC rules in the FMP, are used to
RIN 0648–XF311 individual, or received after the end of manage harvest levels for Pacific
the comment period, may not be sardine, in accordance with the
Fisheries Off West Coast States; considered by NMFS. All comments Magnuson-Stevens Fishery
Coastal Pelagic Species Fisheries; received are a part of the public record Conservation and Management Act, 16
Annual Specifications and will generally be posted for public U.S.C. 1801 et seq. According to the
viewing on www.regulations.gov FMP, the quota for the principal
AGENCY: National Marine Fisheries
without change. All personal identifying commercial fishery is determined using
Service (NMFS), National Oceanic and the FMP-specified HG formula. The HG
Atmospheric Administration (NOAA), information (e.g., name, address, etc.),
confidential business information, or formula in the CPS FMP is HG =
Commerce. [(Biomass-CUTOFF) * FRACTION *
otherwise sensitive information
ACTION: Proposed rule. DISTRIBUTION] with the parameters
submitted voluntarily by the sender will
be publicly accessible. NMFS will described as follows:
SUMMARY: NMFS proposes to implement 1. Biomass. The estimated stock
annual management measures and accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish biomass of Pacific sardine age one and
harvest specifications to establish the above. For the 2017–2018 management
allowable catch levels (i.e., annual catch to remain anonymous).
Copies of the report ‘‘Assessment of season, this is 86,586 mt.
limit (ACL)/harvest guideline (HG)) for 2. CUTOFF. This is the biomass level
the northern subpopulation of Pacific Pacific Sardine Resource in 2017 for
U.S.A. Management in 2017–2018’’ may below which no HG is set. The FMP
sardine (hereafter, Pacific sardine), in established this level at 150,000 mt.
the U.S. Exclusive Economic Zone (EEZ) be obtained from the West Coast Region
3. DISTRIBUTION. The average
off the Pacific coast for the fishing (see ADDRESSES).
portion of the Pacific sardine biomass
season of July 1, 2017, through June 30, FOR FURTHER INFORMATION CONTACT:
estimated in the EEZ off the Pacific
2018. This rule is proposed according to Joshua Lindsay, West Coast Region, coast is 87 percent.
the Coastal Pelagic Species (CPS) NMFS, (562) 980–4034, joshua.lindsay@ 4. FRACTION. The temperature-
Fishery Management Plan (FMP). The noaa.gov. varying harvest fraction is the
proposed action would prohibit directed SUPPLEMENTARY INFORMATION: During percentage of the biomass above 150,000
non-tribal Pacific sardine commercial public meetings each year, the estimated mt that may be harvested.
fishing for Pacific sardine off the coasts biomass for Pacific sardine is presented As described above, the Pacific
of Washington, Oregon, and California, to the Pacific Fishery Management sardine HG control rule, the primary
which is required because the estimated Council’s (Council) CPS Management mechanism for setting the annual
2017 biomass of Pacific sardine has Team (Team), the Council’s CPS directed commercial fishery quota,
dropped below the biomass threshold Advisory Subpanel (Subpanel) and the includes a CUTOFF parameter, which
specified in the HG control rule. Under Council’s Scientific and Statistical has been set as a biomass level of
the proposed action, Pacific sardine may Committee (SSC), and the biomass and 150,000 mt. This amount is subtracted
still be harvested as part of either the the status of the fishery are reviewed from the annual biomass estimate before
live bait or tribal fishery, or as and discussed. The biomass estimate is calculating the applicable HG for the
incidental catch in other fisheries; the then presented to the Council along fishing year. Since this year’s biomass
incidental harvest of Pacific sardine with the calculated overfishing limit estimate is below that value, the formula
would initially be limited to 40-percent (OFL), available biological catch (ABC), results in an HG of zero, and no Pacific
by weight of all fish per trip when and HG, along with recommendations sardine are available for the primary
sradovich on DSK3GMQ082PROD with PROPOSALS
caught with other CPS or up to 2 metric and comments from the Team, commercial directed fishery during the
tons (mt) when caught with non-CPS. Subpanel, and SSC. Following review 2017–2018 fishing season.
The proposed annual catch limit (ACL) by the Council and after hearing public At the April 2017 Council meeting,
for the 2017–2018 Pacific sardine comment, the Council adopts a biomass the Council’s SSC approved, and the
fishing year is 8,000 mt. This proposed estimate and makes its catch level Council adopted, the ‘‘Assessment of
rule is intended to conserve and manage recommendations to NMFS. NMFS the Pacific Sardine Resource in 2017 for
the Pacific sardine stock off the U.S. manages the Pacific sardine fishery in U.S. Management in 2017–2018,’’ which
West Coast. the U.S. EEZ off the Pacific coast was completed by NMFS Southwest
VerDate Sep<11>2014 21:14 May 26, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\30MYP1.SGM 30MYP1](https://thefederalregister.org/doc/82_FR_24756/page/3.svg)
Document Created: 2018-11-08 08:54:22
Document Modified: 2018-11-08 08:54:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of comment period; public hearings. | |
| Dates | Written comments: The comment period on the proposed rule that published August 10, 2016 (81 FR 52796), is reopened. We request that comments on the proposal be submitted on or before June 29, 2017. Comments submitted electronically using the Federal eRulemaking Portal | |
| Contact | Chuck Ardizzone, U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 El Camino Real #211, Houston, TX 77058; by telephone 281-286-8282; or by facsimile 281-488-5882. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. | |
| FR Citation | 82 FR 24654 | |
| RIN Number | 1018-BB34 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR