82 FR 37397 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Endangered Status for Texas Hornshell (Popenaias popeii)
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 153 (August 10, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 153 (August 10, 2017)
| Page Range | 37397-37398 | |
| FR Document | 2017-16887 |
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)] [Proposed Rules] [Pages 37397-37398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16887] ======================================================================= ----------------------------------------------------------------------- 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; 6-Month Extension of Final Determination on the Proposed Endangered Status for Texas Hornshell (Popenaias popeii) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of the comment period. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to add the Texas hornshell (Popenaias popeii), a freshwater mussel species from New Mexico, Texas, and Mexico, to the List of Endangered and Threatened Wildlife. We are also reopening the comment period on the proposed rule to list the species, for an additional 30 days. We are taking this action to extend the final determination based on substantial disagreement regarding the status of Texas hornshell in Mexico. We will submit a final listing determination to the Federal Register on or before February 10, 2018. DATES: The comment period on the proposed rule that published August 10, 2016 (81 FR 52796), is reopened. We will accept comments received or postmarked on or before September 11, 2017. If you comment using the Federal eRulemaking Portal (see ADDRESSES), you must submit your comments by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: 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. 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; on the Internet at https://www.fws.gov/southwest/es/TexasCoastal/; 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: Background On August 10, 2016, we published a proposed rule (81 FR 52796) to list the Texas hornshell as an endangered species under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The List of Endangered and Threatened Wildlife under the Act is located in title 50 of the Code of Federal Regulations at 50 CFR 17.11(h). The publication of this proposed rule complied with a deadline established in 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. We reopened the comment period for 30 days on May 30, 2017 (82 FR 24654), in order to hold two public hearings on the proposed rule. For a description of previous Federal actions concerning the Texas hornshell, please refer to the August 10, 2016, proposed listing rule (81 FR 52796). We also solicited and received independent scientific review of the information contained in the proposed rule from peer reviewers with expertise in Texas hornshell or similar species ecology and identified threats to the species, in accordance with our July 1, 1994, peer review policy (59 FR 34270). Section 4(b)(6) of the Act and its implementing regulations at 50 CFR 424.17(a) require that we take one of three actions within 1 year of a proposed listing: (1) Finalize the proposed rule; (2) withdraw the proposed rule; or (3) extend the final determination by not more than 6 months, if there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Since the publication of the proposed rule, there has been substantial disagreement regarding the interpretation of the limited surveys that exist for Texas hornshell in Mexico. This situation has led to a significant disagreement regarding the current conservation status of the species in Mexico. Therefore, in consideration of the disagreements surrounding the Texas hornshell's status, we are extending the final determination for 6 months in order to solicit information that will help to clarify these issues. With this 6-month extension, we will make a final determination on the proposed rule no later than February 10, 2018. Information Requested We will accept written comments and information during this reopened comment period on our proposed listing rule for Texas hornshell that was published in the Federal Register on August 10, 2016 (81 FR 52796). We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as accurate as possible and based on the best available scientific and commercial data. Due to the scientific disagreements described above, we are particularly interested in new information and comments regarding the status of and threats to any Texas hornshell population in Mexico. 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 previously submitted comments into the public record, and we will fully consider them in the preparation of our final determination. Our final determination concerning the proposed listing will take into consideration all written comments and any additional information we receive. 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. [[Page 37398]] 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. 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). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: August 4, 2017. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017-16887 Filed 8-9-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules 37397
rule will become effective on the date it postmarked on or before September 11, Section 4(b)(6) of the Act and its
establishes, and EPA will not take 2017. If you comment using the Federal implementing regulations at 50 CFR
further action on this proposal. If EPA eRulemaking Portal (see ADDRESSES), 424.17(a) require that we take one of
receives comments that oppose this you must submit your comments by three actions within 1 year of a
action, we will withdraw the Direct 11:59 p.m. Eastern Time on the closing proposed listing: (1) Finalize the
Final Rule, and it will not take effect. date. proposed rule; (2) withdraw the
EPA will then respond to public ADDRESSES: You may submit comments proposed rule; or (3) extend the final
comments in a later final rule based on by one of the following methods: determination by not more than 6
this proposal and after consideration of (1) Electronically: Go to the Federal months, if there is substantial
all comments. You may not have eRulemaking Portal: http:// disagreement regarding the sufficiency
another opportunity for comment. If you www.regulations.gov. In the Search box, or accuracy of the available data
want to comment on this action, you enter FWS–R2–ES–2016–0077. You may relevant to the determination.
must do so at this time. For additional submit a comment by clicking on Since the publication of the proposed
information, please see the direct final ‘‘Comment Now!’’ rule, there has been substantial
rule published in the ‘‘Rules and (2) By hard copy: Submit by U.S. mail disagreement regarding the
Regulations’’ section of this issue of the or hand-delivery to: Public Comments interpretation of the limited surveys that
Federal Register. Processing, Attn: FWS–R2–ES–2016– exist for Texas hornshell in Mexico.
0077; U.S. Fish and Wildlife Service This situation has led to a significant
Dated: July 27, 2017.
Headquarters, MS: BPHC, 5275 Leesburg disagreement regarding the current
Cecil Rodrigues, conservation status of the species in
Acting Regional Administrator, U.S. EPA
Pike, Falls Church, VA 22041–3803.
Mexico. Therefore, in consideration of
Region III. FOR FURTHER INFORMATION CONTACT:
the disagreements surrounding the
[FR Doc. 2017–16905 Filed 8–9–17; 8:45 am] Chuck Ardizzone, U.S. Fish and
Texas hornshell’s status, we are
Wildlife Service, Texas Coastal
BILLING CODE 6560–50–P extending the final determination for 6
Ecological Services Field Office, 17629
months in order to solicit information
El Camino Real #211, Houston, TX
that will help to clarify these issues.
77058; on the Internet at https:// With this 6-month extension, we will
DEPARTMENT OF THE INTERIOR www.fws.gov/southwest/es/ make a final determination on the
Fish and Wildlife Service TexasCoastal/; by telephone 281–286– proposed rule no later than February 10,
8282; or by facsimile 281–488–5882. 2018.
50 CFR Part 17 Persons who use a telecommunications
device for the deaf (TDD) may call the Information Requested
[Docket No. FWS–R2–ES–2016–0077; Federal Relay Service at 800–877–8339. We will accept written comments and
4500030113] SUPPLEMENTARY INFORMATION: information during this reopened
RIN 1018–BB34 Background comment period on our proposed listing
rule for Texas hornshell that was
Endangered and Threatened Wildlife On August 10, 2016, we published a published in the Federal Register on
and Plants; 6-Month Extension of Final proposed rule (81 FR 52796) to list the August 10, 2016 (81 FR 52796). We will
Determination on the Proposed Texas hornshell as an endangered consider information and
Endangered Status for Texas species under the Endangered Species recommendations from all interested
Hornshell (Popenaias popeii) Act of 1973, as amended (Act; 16 U.S.C. parties. We intend that any final action
1531 et seq.). The List of Endangered resulting from the proposal be as
AGENCY: Fish and Wildlife Service, and Threatened Wildlife under the Act accurate as possible and based on the
Interior. is located in title 50 of the Code of best available scientific and commercial
ACTION: Proposed rule; reopening of the Federal Regulations at 50 CFR 17.11(h). data.
comment period. The publication of this proposed rule Due to the scientific disagreements
complied with a deadline established in described above, we are particularly
SUMMARY: We, the U.S. Fish and a court-approved settlement agreement interested in new information and
Wildlife Service (Service), announce a (Endangered Species Act Section 4 comments regarding the status of and
6-month extension of the final Deadline Litigation, No. 10–377 (EGS), threats to any Texas hornshell
determination of whether to add the MDL Docket No. 2165 (D.D.C. May 10, population in Mexico.
Texas hornshell (Popenaias popeii), a 2011)). That proposal had a 60-day If you previously submitted
freshwater mussel species from New comment period, ending October 11, comments or information on the August
Mexico, Texas, and Mexico, to the List 2016. We reopened the comment period 10, 2016, proposed rule (81 FR 52796),
of Endangered and Threatened Wildlife. for 30 days on May 30, 2017 (82 FR please do not resubmit them. We have
We are also reopening the comment 24654), in order to hold two public incorporated previously submitted
period on the proposed rule to list the hearings on the proposed rule. For a comments into the public record, and
species, for an additional 30 days. We description of previous Federal actions we will fully consider them in the
are taking this action to extend the final concerning the Texas hornshell, please preparation of our final determination.
determination based on substantial refer to the August 10, 2016, proposed Our final determination concerning the
disagreement regarding the status of listing rule (81 FR 52796). proposed listing will take into
mstockstill on DSK30JT082PROD with PROPOSALS
Texas hornshell in Mexico. We will We also solicited and received consideration all written comments and
submit a final listing determination to independent scientific review of the any additional information we receive.
the Federal Register on or before information contained in the proposed You may submit your comments and
February 10, 2018. rule from peer reviewers with expertise materials concerning the proposed rule
DATES: The comment period on the in Texas hornshell or similar species by one of the methods listed in
proposed rule that published August 10, ecology and identified threats to the ADDRESSES. We request that you send
2016 (81 FR 52796), is reopened. We species, in accordance with our July 1, comments only by the methods
will accept comments received or 1994, peer review policy (59 FR 34270). described in ADDRESSES.
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![37398 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules
If you submit information via http:// DATES: We will accept comments governing existing programs need
www.regulations.gov, your entire received or postmarked on or before modifications. Changing environmental
submission—including any personal September 11, 2017. conditions, State and Federal
identifying information—will be posted ADDRESSES: You may submit comments regulations, and other factors affecting
on the Web site. If your submission is by one of the following methods: fish and wildlife populations and
made via a hardcopy that includes • Electronically: Go to the Federal habitat may warrant modifications to
personal identifying information, you eRulemaking Portal: http:// refuge-specific regulations to ensure the
may request at the top of your document www.regulations.gov. In the Search box, continued compatibility of hunting and
that we withhold this information from type in FWS–HQ–NWRS–2017–0005, sport fishing programs and to ensure
public review. However, we cannot which is the docket number for this that these programs will not materially
guarantee that we will be able to do so. rulemaking. Then click on the Search interfere with or detract from the
We will post all hardcopy submissions button. On the resulting screen, find the fulfillment of refuge purposes or the
on http://www.regulations.gov. correct document and submit a Refuge System’s mission.
Comments and materials we receive, comment by clicking on ‘‘Comment Provisions governing hunting and
as well as supporting documentation we Now!’’ sport fishing on refuges are in title 50 of
used in preparing the proposed rule, • By hard copy: Submit by U.S. mail the Code of Federal Regulations in part
will be available for public inspection or hand delivery: Public Comments 32 (50 CFR part 32). We regulate
on http://www.regulations.gov, or by Processing, Attn: FWS–HQ–NWRS– hunting and sport fishing on refuges to:
appointment, during normal business 2017–0005; Division of Policy, • Ensure compatibility with refuge
hours, at the U.S. Fish and Wildlife Performance, and Management purpose(s);
Service, Texas Coastal Ecological Programs; U.S. Fish and Wildlife • Properly manage fish and wildlife
Services Field Office (see FOR FURTHER Service; 5275 Leesburg Pike, MS: BPHC; resource(s);
INFORMATION CONTACT). You may obtain Falls Church, VA 22041–3803. • Protect other refuge values;
copies of the proposed rule on the We will not accept email or faxes. We • Ensure refuge visitor safety; and
Internet at http://www.regulations.gov at will post all comments on http:// • Provide opportunities for quality
Docket No. FWS–R2–ES–2016–0077, or www.regulations.gov. This generally fish- and wildlife-dependent recreation.
by mail from the U.S. Fish and Wildlife On many refuges where we decide to
means that we will post any personal
Service, Texas Coastal Ecological allow hunting and sport fishing, our
information you provide us (see Request
Services Field Office (see FOR FURTHER general policy of adopting regulations
for Comments, below, for more
INFORMATION CONTACT). identical to State hunting and sport
information). For information on
fishing regulations is adequate in
Authority specific refuges’ public use programs
meeting these objectives. On other
and the conditions that apply to them or
The authority for this action is the refuges, we must supplement State
for copies of compatibility
Endangered Species Act of 1973, as regulations with more-restrictive
determinations for any refuge(s), contact
amended (16 U.S.C. 1531 et seq.). Federal regulations to ensure that we
individual programs at the addresses/
Dated: August 4, 2017. meet our management responsibilities,
phone numbers given in Available
Stephen Guertin, as outlined in the Statutory Authority
Information for Specific Refuges under
Acting Director, U.S. Fish and Wildlife
section, below. We issue refuge-specific
SUPPLEMENTARY INFORMATION.
Service. hunting and sport fishing regulations
FOR FURTHER INFORMATION CONTACT: when we open wildlife refuges to
[FR Doc. 2017–16887 Filed 8–9–17; 8:45 am] Katherine Harrigan, (703) 358–2440. migratory game bird hunting, upland
BILLING CODE 4333–15–P
SUPPLEMENTARY INFORMATION: The game hunting, big game hunting, or
National Wildlife Refuge System sport fishing. These regulations may list
Administration Act of 1966 closes the wildlife species that you may hunt
DEPARTMENT OF THE INTERIOR
NWRs in all States except Alaska to all or fish, seasons, bag or creel (container
Fish and Wildlife Service uses until opened. The Secretary of the for carrying fish) limits, methods of
Interior (Secretary) may open refuge hunting or sport fishing, descriptions of
50 CFR Part 32 areas to any use, including hunting and/ areas open to hunting or sport fishing,
or sport fishing, upon a determination and other provisions as appropriate.
[Docket No. FWS–HQ–NWRS–2017–0005; that the use is compatible with the
FXRS12650900000–178–FF09R26000] You may find previously issued refuge-
purposes of the refuge and National specific regulations for hunting and
RIN 1018–BB75 Wildlife Refuge System mission. The sport fishing in 50 CFR part 32. In this
action also must be in accordance with rulemaking, we are also proposing to
2017–2018 Refuge-Specific Hunting provisions of all laws applicable to the standardize and clarify the language of
and Sport Fishing Regulations areas, developed in coordination with existing regulations.
AGENCY: Fish and Wildlife Service, the appropriate State fish and wildlife
agency(ies), consistent with the Statutory Authority
Interior.
ACTION: Proposed rule.
principles of sound fish and wildlife The National Wildlife Refuge System
management and administration, and Administration Act of 1966 (16 U.S.C.
SUMMARY: We, the U.S. Fish and otherwise in the public interest. These 668dd–668ee, as amended by the
Wildlife Service, propose to increase the requirements ensure that we maintain National Wildlife Refuge System
mstockstill on DSK30JT082PROD with PROPOSALS
hunting activities available at nine the biological integrity, diversity, and Improvement Act of 1997 [Improvement
National Wildlife Refuges (NWR), open environmental health of the Refuge Act]) (Administration Act), and the
one NWR to sport fishing for the first System for the benefit of present and Refuge Recreation Act of 1962 (16
time, and add pertinent refuge-specific future generations of Americans. U.S.C. 460k–460k–4) (Recreation Act)
regulations for other NWRs that pertain We annually review refuge hunting govern the administration and public
to migratory game bird hunting, upland and sport fishing programs to determine use of refuges.
game hunting, big game hunting, and whether to include additional refuges or Amendments enacted by the
sport fishing for the 2017–2018 season. whether individual refuge regulations Improvement Act built upon the
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Document Created: 2017-08-10 01:01:04
Document Modified: 2017-08-10 01:01:04
| 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 the comment period. | |
| Dates | The comment period on the proposed rule that published August 10, 2016 (81 FR 52796), is reopened. We will accept comments received or postmarked on or before September 11, 2017. If you comment using the | |
| Contact | Chuck Ardizzone, U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 El Camino Real #211, Houston, TX 77058; on the Internet at https:// www.fws.gov/southwest/es/TexasCoastal/; 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 37397 | |
| RIN Number | 1018-BB34 |
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