83_FR_51615 83 FR 51418 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Black Pinesnake

83 FR 51418 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Black Pinesnake

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51418-51424
FR Document2018-22013

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our March 11, 2015, proposed designation of critical habitat for the black pinesnake (Pituophis melanoleucus lodingi) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to accept comments on our proposal, including revisions to proposed Units 7 and 8 that are described in this document. As a result of these revisions, we are now proposing to designate a total of 338,379 acres (136,937 hectares) as critical habitat for the black pinesnake across eight units within portions of Forrest, George, Greene, Harrison, Jones, Marion, Perry, Stone, and Wayne Counties in Mississippi, and Clarke County in Alabama. This is a small increase in acreage from the area we proposed to designate in our March 11, 2015, proposed rule but constitutes less privately owned lands. In addition, we announce two public informational meetings on the proposed rule. We are reopening the comment period on our March 11, 2015, proposed rule to allow all interested parties the opportunity to comment on the revised proposed rule. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018) 
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Proposed Rules]
[Pages 51418-51424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22013]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2014-0065; 4500030114]
RIN 1018-BD52


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Black Pinesnake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revision, reopening of comment period, and 
announcement of public meetings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the comment period on our March 11, 2015, proposed 
designation of critical habitat for the black pinesnake (Pituophis 
melanoleucus lodingi) under the Endangered Species Act of 1973, as 
amended (Act). We are reopening the comment period to accept comments 
on our proposal, including revisions to proposed Units 7 and 8 that are 
described in this document. As a result of these revisions, we are now 
proposing to designate a total of 338,379 acres (136,937 hectares) as 
critical habitat for the black pinesnake across eight units within 
portions of Forrest, George, Greene, Harrison, Jones, Marion, Perry, 
Stone, and Wayne Counties in Mississippi, and Clarke County in Alabama. 
This is a small increase in acreage from the area we proposed to 
designate in our March 11, 2015, proposed rule but constitutes less 
privately owned lands. In addition, we announce two public 
informational meetings on the proposed rule. We are reopening the 
comment period on our March 11, 2015, proposed rule to allow all 
interested parties the opportunity to comment on the revised proposed 
rule. Comments previously submitted need not be resubmitted, as they 
will be fully considered in preparation of the final rule.

DATES: The comment period for the proposed rule published March 11, 
2015, at 80 FR 12846 is reopened.
    Written comments: So that we can fully consider your comments in 
our final determination, submit them on or before November 13, 2018. 
Comments submitted electronically using the Federal eRulemaking Portal 
(see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on 
the closing date.
    Public informational meetings: We will hold two public meetings, 
one from 6:00 p.m. to 7:30 p.m. on October 22, 2018, and a second from 
6:00 p.m. to 7:30 p.m. on October 24, 2018.

ADDRESSES: 
    Document availability: You may obtain copies of the March 11, 2015, 
proposed rule and associated documents on the internet at http://www.regulations.gov under Docket No. FWS-R4-ES-2014-0065 or by mail 
from the Mississippi Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Written comments: You may submit written 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-R4-ES-2014-0065, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rule box to locate this document. You may submit a comment by 
clicking on ``Comment Now!''
    (2) By hard copy: Submit your comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-R4-ES-2014-0065, 
U.S. Fish and Wildlife Service, 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://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Public informational meetings: The public informational meetings 
will be held in the following locations:
     On October 22, 2018, at Pearl River Community College, 
Lowery A. Woodall Advanced Technology Center, 906 Sullivan Drive, 
Hattiesburg, MS 39401.
     On October 24, 2018, at Alabama Coastal Community College, 
Administration Building, Tombigbee Conference Room, 30755 Hwy. 43 
South, Thomasville, AL 36784. See Public Informational Meetings, below, 
for more information.

FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor, 
Mississippi Ecological Services Field Office, 6578 Dogwood View 
Parkway, Jackson, MS 39213; telephone 601-321-1122; or facsimile 601-
965-4340. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

[[Page 51419]]

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed designation of critical habitat 
for the black pinesnake that was published in the Federal Register on 
March 11, 2015 (80 FR 12846), the revisions to the proposed designation 
that are described in this document, and our draft economic assessment 
(DEA) of the proposed designation. We will consider information and 
recommendations from all interested parties. We are particularly 
interested in comments concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act, including whether 
there are threats to the species from human activity, the degree of 
which can be expected to increase due to the designation, and whether 
that increase in threat outweighs the benefit of designation such that 
the designation of critical habitat is not prudent.
    (2) Specific information on:
    (a) The amount and distribution of black pinesnake habitat;
    (b) What areas occupied by the species at the time of listing (or 
are currently occupied) that contain features essential for the 
conservation of the species we should include in the designation and 
why;
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, 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.
    (3) Land use designations and current or planned activities in the 
subject areas and their probable impacts on proposed critical habitat.
    (4) How the patch size of proposed critical habitat was derived 
(i.e., how much acreage a viable population of black pinesnakes 
requires).
    (5) Information on the projected and reasonably likely impacts of 
climate change on the black pinesnake and proposed critical habitat.
    (6) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation; in particular, we seek information on any impacts on small 
entities or families, and the benefits of including or excluding areas 
that exhibit these impacts.
    (7) Information on the extent to which the description of economic 
impacts in the DEA is a reasonable estimate of the likely economic 
impacts and is complete and accurate.
    (8) The likelihood of adverse social reactions to the designation 
of critical habitat, as discussed in the associated documents of the 
DEA, and how the consequences of such reactions, if likely to occur, 
would relate to the conservation and regulatory benefits of the 
proposed critical habitat designation.
    (9) Whether any areas we are proposing for critical habitat 
designation should be considered for exclusion under section 4(b)(2) of 
the Act, and whether the benefits of potentially excluding any specific 
area outweigh the benefits of including that area under section 4(b)(2) 
of the Act, particularly those areas described in this document.
    (10) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    If you submitted comments or information on the March 11, 2015, 
proposed rule during the initial comment period from March 11, 2015, to 
May 11, 2015, please do not resubmit them. Any such comments are 
incorporated as part of the public record of this rulemaking 
proceeding, and we will fully consider them in the preparation of our 
final determination. Our final determination concerning critical 
habitat will take into consideration all written comments and any 
additional information we receive during both comment periods. The 
final decision may differ from this revised proposed rule, based on our 
review of all information received during this rulemaking proceeding.
    You may submit your comments and materials concerning the proposed 
rule or DEA by one of the methods listed in ADDRESSES. We request that 
you send comments only by the methods described in ADDRESSES.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the website. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment 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.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule and DEA, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. FWS-R4-ES-2014-0065, or by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Mississippi Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may 
obtain copies of the proposed rule and the DEA on the internet at 
http://www.regulations.gov at Docket No. FWS-R4-ES-2014-0065, or by 
mail from the Mississippi Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Public Informational Meetings

    We will hold two public informational meetings on the dates and 
times shown in DATES at the addresses shown in ADDRESSES. People 
needing reasonable accommodations in order to attend and participate in 
the public informational meetings should contact Stephen Ricks, 
Mississippi Ecological Services Field Office, at (601) 321-1122, as 
soon as possible. In order to allow sufficient time to process 
requests, please call no later than 1 week before the meeting date (see 
DATES).

Background

    It is our intent to discuss in this document only those topics 
directly relevant to the designation of critical habitat for black 
pinesnake. For more information on previous Federal actions concerning 
the black pinesnake, or information regarding its biology, status, 
distribution, and habitat, refer to the proposed designation of 
critical habitat published in the Federal Register on March 11, 2015 
(80 FR 12846), and the October 6, 2015, final listing rule (80 FR 
60468), both of which are available online at http://www.regulations.gov (at Docket Nos. FWS-R4-ES-2014-0065 and FWS-R4-ES-
2014-0046) or from the Mississippi Ecological Services Field Office 
(see FOR FURTHER INFORMATION CONTACT).
    In our March 11, 2015, proposed rule, we proposed to designate 
critical habitat for the black pinesnake in eight units encompassing 
approximately 338,100 acres (136,824 hectares) in Forrest, George, 
Greene, Harrison, Jones, Marion, Perry, Stone, and Wayne Counties, 
Mississippi, and Clarke County, Alabama. In addition, we announced the 
availability of a DEA of the proposed critical habitat designation. We 
accepted comments on the proposal and DEA for 60 days, ending May 11, 
2015. Based on information we received during the public comment 
period, we have decided to reopen the comment period

[[Page 51420]]

to allow the public additional time to submit comments on the proposed 
critical habitat designation and to hold two informational meetings.

New Information and Revisions to Previously Proposed Critical Habitat

    In this document, we propose certain revisions to the critical 
habitat designation we proposed for the black pinesnake on March 11, 
2015. Specifically, we propose to revise the name of Unit 7 to reflect 
the removal of all lands by the landowner from the State Wildlife 
Management Area (WMA). As a result of the removal, the name of the 
proposed unit is changed from Scotch WMA to Jones Branch. We also 
propose to revise the boundaries of Unit 8 in Clarke County, Alabama, 
resulting in fewer acres on private land and more acres on State-owned 
land, with a net increase in acreage. An index map of the revised 
proposed critical habitat area (338,379 acres (136,937 hectares)) is 
provided in the Proposed Regulation Promulgation section, below.

Unit 7: Jones Branch (formerly Scotch WMA), Clarke County, Alabama

    In September 2015, we received notice of a recent observation of a 
black pinesnake in proposed Unit 7 within the Scotch WMA in Clarke 
County, Alabama. A black pinesnake was captured during the course of a 
turkey trapping study and was positively verified by Service and State 
herpetologists. Therefore, within proposed Unit 7, there are now 5 
records for black pinesnakes, one observed as recently as July 2015, 
and all records are in close proximity to one another and part of the 
same breeding population.
    In June 2016, Scotch Land Management Company, LCC, which manages 
most of the lands in proposed Unit 7, announced the withdrawal of its 
lands from the Alabama Department of Conservation and Natural 
Resources' WMA program. As a result, no lands within proposed Unit 7 
are within the WMA, and therefore, the name of the unit is being 
changed from Scotch WMA to Jones Branch. Ownership of the lands within 
proposed Unit 7 has not changed; it remains entirely privately owned. 
In addition, the boundaries and acreage of proposed Unit 7 are the same 
as what we proposed for this unit on March 11, 2015.

Unit 8: Fred T. Stimpson WMA, Clarke County, Alabama

    During a re-examination of all the proposed critical habitat units 
following the close of the proposed rule's comment period on May 11, 
2015, we determined that some of the best black pinesnake habitat, 
located on the southern end of the Stimpson WMA, had not been 
incorporated into proposed Unit 8, and that other land, located on the 
northern end of proposed Unit 8, had been included in error. This re-
assessment used updated aerial imagery, and wetlands, elevation, soils, 
and land cover overlays, to redefine the best available, most suitable, 
contiguous forested habitat surrounding the known pinesnake records at 
that site. Accordingly, we are shifting proposed Unit 8 to the south; 
among other things, this results in more acreage overlapping with the 
WMA, as well as a slight increase in the size of the unit. The total 
acreage in revised proposed Unit 8 is now 5,940 acres (2,404 hectares), 
an increase of 279 acres (113 hectares). The State of Alabama owns 
3,789 acres (1,533 hectares; 64 percent) of Unit 8, and 2,151 acres 
(870 hectares; 36 percent) are privately owned. The newly added land in 
revised proposed Unit 8 is of the same habitat type, and contiguous 
with, those lands analyzed in the March 11, 2015, proposed rule; 
therefore, the determination that these additional lands meet the 
definition of critical habitat is the same as for the original proposed 
Unit 8. As with the original lands within proposed Unit 8, the 
additional lands are occupied; contain all of the physical or 
biological features of the black pinesnake to support life-history 
functions essential to the conservation of the subspecies; and may 
require special management and protection from threats as outlined in 
the March 11, 2015, critical habitat proposal.

Authors

    The primary authors of this document are the staff members of the 
Mississippi Ecological Services Field Office, Southeast Region, U.S. 
Fish and Wildlife Service.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to further amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended at 80 FR 12846 (March 11, 2015) as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.
0
2. Amend Sec.  17.95 by revising paragraphs (c)(5), (12), and (13) to 
read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (c) Reptiles.
* * * * *
    Black Pinesnake (Pituophis melanoleucus lodingi)
* * * * *
    (5) Note: Index map follows:
BILLING CODE 4333-15-P

[[Page 51421]]

[GRAPHIC] [TIFF OMITTED] TP11OC18.022

* * * * *
    (12) Unit 7: Jones Branch--Clarke County, Alabama.
    (i) This unit is bordered by Salitpa Creek to the south, Tallahatta 
Creek to the north, and Harris Creek to the west. It is located 
approximately 2.7 mi (4.3 km) southeast of Campbell. Unit 7 is located 
1.1 mi (1.8 km) north of the intersection of Old Mill Pond Road and 
Reedy Branch Road.
    (ii) Map of Unit 7 (Jones Branch) follows:

[[Page 51422]]

[GRAPHIC] [TIFF OMITTED] TP11OC18.023

    (13) Unit 8: Fred T. Stimpson Wildlife Management Area (WMA)--
Clarke County, Alabama.
    (i) This unit is located between Sand Hill Creek and the Tombigbee 
River, is approximately 1 mi (1.6 km) north of Carlton, and is 1.5 mi 
(2.4 km) south of the intersection of County Road 15 and Christian Vall 
Road. Most of this unit is on the Fred T. Stimpson WMA.
    (ii) Map of Unit 8 (Fred T. Stimpson WMA) follows:

[[Page 51423]]

[GRAPHIC] [TIFF OMITTED] TP11OC18.024


[[Page 51424]]


* * * * *

    Dated: August 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-22013 Filed 10-10-18; 8:45 am]
BILLING CODE 4333-15-C

51418 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules emission rate in lb/MMBtu from the DEPARTMENT OF THE INTERIOR 6:00 p.m. to 7:30 p.m. on October 22, arithmetic average of all valid hourly 2018, and a second from 6:00 p.m. to emission rates from the CEMS for the Fish and Wildlife Service 7:30 p.m. on October 24, 2018. current operating day and the previous ADDRESSES: 29 successive operating days. 50 CFR Part 17 Document availability: You may (B) At the end of each calendar year, [Docket No. FWS–R4–ES–2014–0065; obtain copies of the March 11, 2015, the owner/operator shall calculate the 4500030114] proposed rule and associated annual average SO2 emission rate in lb/ RIN 1018–BD52 documents on the internet at http:// MMBtu across Laramie River Station www.regulations.gov under Docket No. Units 1 and 2 as the sum of the SO2 Endangered and Threatened Wildlife FWS–R4–ES–2014–0065 or by mail annual mass emissions (pounds) and Plants; Designation of Critical from the Mississippi Ecological Services divided by the sum of the annual heat Habitat for the Black Pinesnake Field Office (see FOR FURTHER inputs (MMBtu). For Laramie River INFORMATION CONTACT). Station Units 1 and 2, the owner/ AGENCY: Fish and Wildlife Service, Written comments: You may submit operator shall calculate the annual mass Interior. written comments by one of the emissions for SO2 and the annual heat ACTION: Proposed rule; revision, following methods: input in accordance with 40 CFR part 75 reopening of comment period, and (1) Electronically: Go to the Federal for each unit. announcement of public meetings. eRulemaking Portal: http:// (C) An hourly average SO2 and/or SUMMARY: We, the U.S. Fish and www.regulations.gov. In the Search box, NOX emission rate in lb/MMBtu is valid enter FWS–R4–ES–2014–0065, which is Wildlife Service (Service), announce the only if the minimum number of data the docket number for this rulemaking. reopening of the comment period on our points, as specified in 40 CFR part 75, March 11, 2015, proposed designation Then, click on the Search button. On the is acquired by both the pollutant of critical habitat for the black resulting page, in the Search panel on concentration monitor (SO2 and/or pinesnake (Pituophis melanoleucus the left side of the screen, under the NOX) and the diluent monitor (O2 or lodingi) under the Endangered Species Document Type heading, click on the CO2). Act of 1973, as amended (Act). We are Proposed Rule box to locate this reopening the comment period to accept document. You may submit a comment (D) Data reported to meet the comments on our proposal, including by clicking on ‘‘Comment Now!’’ requirements of this section shall not revisions to proposed Units 7 and 8 that (2) By hard copy: Submit your include data substituted using the are described in this document. As a comments by U.S. mail or hand-delivery missing data substitution procedures of result of these revisions, we are now to: Public Comments Processing, Attn: subpart D of 40 CFR part 75, nor shall proposing to designate a total of 338,379 FWS–R4–ES–2014–0065, U.S. Fish and the data have been bias adjusted acres (136,937 hectares) as critical Wildlife Service, MS: BPHC, 5275 according to the procedures of 40 CFR habitat for the black pinesnake across Leesburg Pike, Falls Church, VA 22041– part 75. eight units within portions of Forrest, 3803. * * * * * We request that you send comments George, Greene, Harrison, Jones, Marion, (h) * * * Perry, Stone, and Wayne Counties in only by the methods described above. (1) The owner/operator of each unit Mississippi, and Clarke County in We will post all comments on http:// shall submit quarterly excess emissions Alabama. This is a small increase in www.regulations.gov. This generally reports for SO2 and/or NOX BART units acreage from the area we proposed to means that we will post any personal no later than the 30th day following the designate in our March 11, 2015, information you provide us (see Public end of each calendar quarter. Excess proposed rule but constitutes less Comments, below, for more emissions means emissions that exceed privately owned lands. In addition, we information). the emissions limits specified in announce two public informational Public informational meetings: The paragraph (c) of this section. The reports meetings on the proposed rule. We are public informational meetings will be shall include the magnitude, date(s), reopening the comment period on our held in the following locations: and duration of each period of excess March 11, 2015, proposed rule to allow • On October 22, 2018, at Pearl River emissions, specific identification of all interested parties the opportunity to Community College, Lowery A. Woodall each period of excess emissions that comment on the revised proposed rule. Advanced Technology Center, 906 occurs during startups, shutdowns, and Comments previously submitted need Sullivan Drive, Hattiesburg, MS 39401. malfunctions of the unit, the nature and not be resubmitted, as they will be fully • On October 24, 2018, at Alabama cause of any malfunction (if known), considered in preparation of the final Coastal Community College, and the corrective action taken or rule. Administration Building, Tombigbee preventative measures adopted. Conference Room, 30755 Hwy. 43 DATES: The comment period for the South, Thomasville, AL 36784. See * * * * * proposed rule published March 11, Public Informational Meetings, below, (i) * * * 2015, at 80 FR 12846 is reopened. for more information. (1) The owner/operator shall Written comments: So that we can fully consider your comments in our FOR FURTHER INFORMATION CONTACT: promptly submit notification of Stephen Ricks, Field Supervisor, commencement of construction of any final determination, submit them on or khammond on DSK30JT082PROD with PROPOSAL before November 13, 2018. Comments Mississippi Ecological Services Field equipment which is being constructed Office, 6578 Dogwood View Parkway, to comply with the SO2 and/or NOX submitted electronically using the Federal eRulemaking Portal (see Jackson, MS 39213; telephone 601–321– emission limits in paragraph (c) of this 1122; or facsimile 601–965–4340. ADDRESSES, below) must be received by section. Persons who use a telecommunications 11:59 p.m. Eastern Time on the closing * * * * * date. device for the deaf (TDD) may call the [FR Doc. 2018–21949 Filed 10–10–18; 8:45 am] Public informational meetings: We Federal Relay Service at 800–877–8339. BILLING CODE 6560–50–P will hold two public meetings, one from SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1

Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules 51419 Public Comments likely economic impacts and is used in preparing the proposed rule and We will accept written comments and complete and accurate. DEA, will be available for public (8) The likelihood of adverse social inspection on http:// information during this reopened reactions to the designation of critical www.regulations.gov at Docket No. comment period on our proposed habitat, as discussed in the associated FWS–R4–ES–2014–0065, or by designation of critical habitat for the documents of the DEA, and how the appointment, during normal business black pinesnake that was published in consequences of such reactions, if likely hours, at the U.S. Fish and Wildlife the Federal Register on March 11, 2015 to occur, would relate to the Service, Mississippi Ecological Services (80 FR 12846), the revisions to the conservation and regulatory benefits of Field Office (see FOR FURTHER proposed designation that are described the proposed critical habitat INFORMATION CONTACT). You may obtain in this document, and our draft designation. copies of the proposed rule and the DEA economic assessment (DEA) of the (9) Whether any areas we are on the internet at http:// proposed designation. We will consider proposing for critical habitat www.regulations.gov at Docket No. information and recommendations from designation should be considered for FWS–R4–ES–2014–0065, or by mail all interested parties. We are exclusion under section 4(b)(2) of the from the Mississippi Ecological Services particularly interested in comments Act, and whether the benefits of Field Office (see FOR FURTHER concerning: potentially excluding any specific area INFORMATION CONTACT). (1) The reasons why we should or outweigh the benefits of including that should not designate habitat as ‘‘critical area under section 4(b)(2) of the Act, Public Informational Meetings habitat’’ under section 4 of the Act, particularly those areas described in this We will hold two public including whether there are threats to document. informational meetings on the dates and the species from human activity, the (10) Whether we could improve or times shown in DATES at the addresses degree of which can be expected to modify our approach to designating shown in ADDRESSES. People needing increase due to the designation, and critical habitat in any way to provide for reasonable accommodations in order to whether that increase in threat greater public participation and attend and participate in the public outweighs the benefit of designation understanding, or to better informational meetings should contact such that the designation of critical accommodate public concerns and Stephen Ricks, Mississippi Ecological habitat is not prudent. comments. Services Field Office, at (601) 321–1122, (2) Specific information on: If you submitted comments or as soon as possible. In order to allow (a) The amount and distribution of information on the March 11, 2015, sufficient time to process requests, black pinesnake habitat; proposed rule during the initial please call no later than 1 week before (b) What areas occupied by the comment period from March 11, 2015, the meeting date (see DATES). species at the time of listing (or are to May 11, 2015, please do not resubmit currently occupied) that contain them. Any such comments are Background features essential for the conservation of incorporated as part of the public record It is our intent to discuss in this the species we should include in the of this rulemaking proceeding, and we document only those topics directly designation and why; will fully consider them in the relevant to the designation of critical (c) Special management preparation of our final determination. habitat for black pinesnake. For more considerations or protection that may be Our final determination concerning information on previous Federal actions needed in critical habitat areas we are critical habitat will take into concerning the black pinesnake, or proposing, including managing for the consideration all written comments and information regarding its biology, status, potential effects of climate change; and any additional information we receive distribution, and habitat, refer to the (d) What areas not occupied at the during both comment periods. The final proposed designation of critical habitat time of listing are essential for the decision may differ from this revised published in the Federal Register on conservation of the species and why. proposed rule, based on our review of March 11, 2015 (80 FR 12846), and the (3) Land use designations and current all information received during this October 6, 2015, final listing rule (80 FR or planned activities in the subject areas rulemaking proceeding. 60468), both of which are available and their probable impacts on proposed You may submit your comments and online at http://www.regulations.gov (at critical habitat. materials concerning the proposed rule Docket Nos. FWS–R4–ES–2014–0065 (4) How the patch size of proposed or DEA by one of the methods listed in and FWS–R4–ES–2014–0046) or from critical habitat was derived (i.e., how ADDRESSES. We request that you send the Mississippi Ecological Services much acreage a viable population of comments only by the methods Field Office (see FOR FURTHER black pinesnakes requires). described in ADDRESSES. INFORMATION CONTACT). (5) Information on the projected and If you submit a comment via http:// In our March 11, 2015, proposed rule, reasonably likely impacts of climate www.regulations.gov, your entire we proposed to designate critical habitat change on the black pinesnake and comment—including any personal for the black pinesnake in eight units proposed critical habitat. identifying information—will be posted encompassing approximately 338,100 (6) Any probable economic, national on the website. We will post all acres (136,824 hectares) in Forrest, security, or other relevant impacts of hardcopy comments on http:// George, Greene, Harrison, Jones, Marion, designating any area that may be www.regulations.gov as well. If you Perry, Stone, and Wayne Counties, included in the final designation; in submit a hardcopy comment that Mississippi, and Clarke County, khammond on DSK30JT082PROD with PROPOSAL particular, we seek information on any includes personal identifying Alabama. In addition, we announced impacts on small entities or families, information, you may request at the top the availability of a DEA of the proposed and the benefits of including or of your document that we withhold this critical habitat designation. We accepted excluding areas that exhibit these information from public review. comments on the proposal and DEA for impacts. However, we cannot guarantee that we 60 days, ending May 11, 2015. Based on (7) Information on the extent to which will be able to do so. information we received during the the description of economic impacts in Comments and materials we receive, public comment period, we have the DEA is a reasonable estimate of the as well as supporting documentation we decided to reopen the comment period VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1

51420 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules to allow the public additional time to within proposed Unit 7 are within the contain all of the physical or biological submit comments on the proposed WMA, and therefore, the name of the features of the black pinesnake to critical habitat designation and to hold unit is being changed from Scotch WMA support life-history functions essential two informational meetings. to Jones Branch. Ownership of the lands to the conservation of the subspecies; within proposed Unit 7 has not and may require special management New Information and Revisions to changed; it remains entirely privately and protection from threats as outlined Previously Proposed Critical Habitat owned. In addition, the boundaries and in the March 11, 2015, critical habitat In this document, we propose certain acreage of proposed Unit 7 are the same proposal. revisions to the critical habitat as what we proposed for this unit on designation we proposed for the black March 11, 2015. Authors pinesnake on March 11, 2015. The primary authors of this document Specifically, we propose to revise the Unit 8: Fred T. Stimpson WMA, Clarke County, Alabama are the staff members of the Mississippi name of Unit 7 to reflect the removal of Ecological Services Field Office, all lands by the landowner from the During a re-examination of all the Southeast Region, U.S. Fish and State Wildlife Management Area proposed critical habitat units following Wildlife Service. (WMA). As a result of the removal, the the close of the proposed rule’s name of the proposed unit is changed comment period on May 11, 2015, we List of Subjects in 50 CFR Part 17 from Scotch WMA to Jones Branch. We determined that some of the best black Endangered and threatened species, also propose to revise the boundaries of pinesnake habitat, located on the Exports, Imports, Reporting and Unit 8 in Clarke County, Alabama, southern end of the Stimpson WMA, recordkeeping requirements, resulting in fewer acres on private land had not been incorporated into Transportation. and more acres on State-owned land, proposed Unit 8, and that other land, with a net increase in acreage. An index located on the northern end of proposed Proposed Regulation Promulgation map of the revised proposed critical Unit 8, had been included in error. This Accordingly, we propose to further habitat area (338,379 acres (136,937 re-assessment used updated aerial amend part 17, subchapter B of chapter hectares)) is provided in the Proposed imagery, and wetlands, elevation, soils, I, title 50 of the Code of Federal Regulation Promulgation section, below. and land cover overlays, to redefine the Regulations, as proposed to be amended best available, most suitable, contiguous at 80 FR 12846 (March 11, 2015) as set Unit 7: Jones Branch (formerly Scotch forested habitat surrounding the known WMA), Clarke County, Alabama forth below: pinesnake records at that site. In September 2015, we received Accordingly, we are shifting proposed PART 17—ENDANGERED AND notice of a recent observation of a black Unit 8 to the south; among other things, THREATENED WILDLIFE AND PLANTS pinesnake in proposed Unit 7 within the this results in more acreage overlapping Scotch WMA in Clarke County, with the WMA, as well as a slight ■ 1. The authority citation for part 17 Alabama. A black pinesnake was increase in the size of the unit. The total continues to read as follows: captured during the course of a turkey acreage in revised proposed Unit 8 is Authority: 16 U.S.C. 1361–1407; 1531– trapping study and was positively now 5,940 acres (2,404 hectares), an 1544; and 4201–4245, unless otherwise verified by Service and State increase of 279 acres (113 hectares). The noted. herpetologists. Therefore, within State of Alabama owns 3,789 acres ■ 2. Amend § 17.95 by revising proposed Unit 7, there are now 5 (1,533 hectares; 64 percent) of Unit 8, paragraphs (c)(5), (12), and (13) to read records for black pinesnakes, one and 2,151 acres (870 hectares; 36 as follows: observed as recently as July 2015, and percent) are privately owned. The newly all records are in close proximity to one added land in revised proposed Unit 8 § 17.95 Critical habitat—fish and wildlife. another and part of the same breeding is of the same habitat type, and * * * * * population. contiguous with, those lands analyzed (c) Reptiles. In June 2016, Scotch Land in the March 11, 2015, proposed rule; Management Company, LCC, which therefore, the determination that these * * * * * manages most of the lands in proposed additional lands meet the definition of Black Pinesnake (Pituophis Unit 7, announced the withdrawal of its critical habitat is the same as for the melanoleucus lodingi) lands from the Alabama Department of original proposed Unit 8. As with the * * * * * Conservation and Natural Resources’ original lands within proposed Unit 8, (5) Note: Index map follows: WMA program. As a result, no lands the additional lands are occupied; BILLING CODE 4333–15–P khammond on DSK30JT082PROD with PROPOSAL VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1

Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules 51421 * * * * * the north, and Harris Creek to the west. intersection of Old Mill Pond Road and (12) Unit 7: Jones Branch—Clarke It is located approximately 2.7 mi (4.3 Reedy Branch Road. County, Alabama. km) southeast of Campbell. Unit 7 is (ii) Map of Unit 7 (Jones Branch) (i) This unit is bordered by Salitpa located 1.1 mi (1.8 km) north of the follows: Creek to the south, Tallahatta Creek to khammond on DSK30JT082PROD with PROPOSAL EP11OC18.022</GPH> VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1

51422 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules (13) Unit 8: Fred T. Stimpson Wildlife approximately 1 mi (1.6 km) north of (ii) Map of Unit 8 (Fred T. Stimpson Management Area (WMA)—Clarke Carlton, and is 1.5 mi (2.4 km) south of WMA) follows: County, Alabama. the intersection of County Road 15 and (i) This unit is located between Sand Christian Vall Road. Most of this unit is Hill Creek and the Tombigbee River, is on the Fred T. Stimpson WMA. khammond on DSK30JT082PROD with PROPOSAL EP11OC18.023</GPH> VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1

Federal Register/Vol. 83, No. 197 /Thursday, October 11, 2018 /Proposed Rules 51423 Unit 8 Critical Habitat for the Black Pinesnake Clarke County, Aiabama \ c Salt Creek wfisnyt**s T277 critical Habitat Fred T. Stimpson WMA + Rivers/Streams/Lakes 0 0.75. 115 3 4.5 6 Kilometers Roads L 1 1 j | 1 1 | ] [ 1 { 1 t f { t 1 0 0.75 1.5 3 4.5 6 Miles Created: 18 Apri 2014 Jackson, MS ES Field Offce

51424 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Proposed Rules * * * * * • Electronic submission: Submit all groups is the Georgia-Florida state Dated: August 14, 2018. electronic public comments via the boundary. Both Gulf and Atlantic cobia James W. Kurth, Federal e-Rulemaking Portal: http:// were assessed through SEDAR 28 in www.regulations.gov. Go to 2013 and neither stock was determined Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the www.regulations.gov/#!docketDetail; to be overfished or experiencing Director, U.S. Fish and Wildlife Service. D=NOAA-NMFS-2018-0114 click the overfishing. ‘‘Comment Now!’’ icon, complete the The majority of Atlantic cobia [FR Doc. 2018–22013 Filed 10–10–18; 8:45 am] required fields, and enter or attach your landings occur in state waters and, BILLING CODE 4333–15–C comments. despite closures in Federal water in • Mail: Submit written comments to recent years, recreational landings have Karla Gore, NMFS Southeast Regional exceeded the recreational annual catch DEPARTMENT OF COMMERCE Office, 263 13th Avenue South St. limit (ACL) and the combined stock National Oceanic and Atmospheric Petersburg, FL 33701. ACL. This has resulted in shortened Administration • Instructions: Comments sent by any fishing seasons, which have been other method, to any other address or ineffective at constraining harvest. 50 CFR Part 622 individual, or received after the end of Following overages of the recreational the comment period, may not be and combined stock ACLs in 2015 and RIN 0648–BI46 considered by NMFS. All comments 2016, Federal waters closures for received are a part of the public record recreational harvest occurred in both Fisheries of the Caribbean, Gulf of 2016 (June 20) and 2017 (January 24). Mexico, and South Atlantic; Coastal and will generally be posted for public viewing on www.regulations.gov Additionally, Federal waters were Migratory Pelagics Resources in the closed to commercial harvest of Atlantic Gulf of Mexico and Atlantic Region; without change. All personal identifying information (e.g., name, address, etc.), cobia in 2016 (December 5) and 2017 Amendment 31 (September 4), because the commercial confidential business information, or AGENCY: National Marine Fisheries otherwise sensitive information ACL was projected to be reached during Service (NMFS), National Oceanic and submitted voluntarily by the sender will the fishing year. Atmospheric Administration (NOAA), be publicly accessible. NMFS will Allowable harvest in state waters Commerce. accept anonymous comments (enter following the Federal closures varied by ‘‘N/A’’ in required fields if you wish to time and area. Georgia did not close ACTION: Notification of availability; remain anonymous). state waters to recreational harvest of request for comments. Atlantic cobia in 2016 or 2017. South Electronic copies Amendment 31 may SUMMARY: The South Atlantic Fishery be obtained from the Southeast Regional Carolina allowed harvest in 2016 during Management Council (South Atlantic Office website at https://www.fisheries. May in the Southern Cobia Management Council) and Gulf of Mexico Fishery noaa.gov/action/coastal-migratory- Zone and closed state waters in 2017 Management Council (Gulf Council) pelagics-amendment-31-management- when Federal waters closed. Most (Councils) have submitted Amendment atlantic-migratory-group-cobia. harvest of Atlantic cobia off Georgia and 31 to the Fishery Management Plan Amendment 31 includes an South Carolina occurs in Federal waters. (FMP) for Coastal Migratory Pelagics environmental assessment, a fishery Off North Carolina, recreational harvest (CMP) of the Gulf of Mexico (Gulf) and of Atlantic cobia closed on September impact statement, a regulatory impact Atlantic Region (Amendment 31) for 30, 2016; in 2017, harvest was allowed review, and a Regulatory Flexibility Act review, approval, and implementation May 1 through August 31. Off Virginia (RFA) analysis. by NMFS. Amendment 31 would in 2016, harvest was allowed until FOR FURTHER INFORMATION CONTACT: August 30, 2016, and in 2017, Virginia remove Atlantic migratory group cobia Karla Gore, NMFS Southeast Regional (Atlantic cobia) from Federal allowed harvest June 1 through Office, telephone: 727–551–5753, or September 15. Harvest in state waters management under the Magnuson- email: karla.gore@noaa.gov. Stevens Fishery Conservation and during the Federal closures contributed SUPPLEMENTARY INFORMATION: The to the overage of the recreational ACL Management Act (Magnuson-Stevens Magnuson-Stevens Act requires each and the combined stock ACL. Act). At the same time, NMFS would regional fishery management council to The South Atlantic Council requested implement comparable regulations submit FMPs or amendments to NMFS that the Atlantic States Marine Fisheries under the Atlantic Coastal Fisheries Commission (ASMFC) consider for review and approval, partial Cooperative Management Act (Atlantic complementary management measures approval, or disapproval. The Coastal Act) to replace the existing for Atlantic cobia, as constraining Magnuson-Stevens Act also requires Magnuson-Stevens Act based harvest in Federal waters has not that NMFS, upon receiving an FMP or regulations in Atlantic Federal waters. prevented the recreational and amendment, publish an announcement The purpose of Amendment 31 is to combined ACLs from being exceeded. in the Federal Register notifying the facilitate improved coordination of The ASMFC consists of 15 Atlantic public that the FMP or amendment is Atlantic cobia in state and Federal coastal states that manage and conserve available for review and comment. waters, thereby more effectively their shared coastal fishery resources. constraining harvest and preventing Background The majority of ASMFC’s fisheries overfishing and decreasing adverse Through the CMP FMP, cobia is decision-making occurs through the khammond on DSK30JT082PROD with PROPOSAL socio-economic effects to fishermen. managed in two distinct migratory Interstate Fisheries Management DATES: Written comments on groups. The Gulf migratory group of Program, where species management Amendment 31 must be received by cobia ranges in the Gulf from Texas boards determine management strategies December 10, 2018. through Florida and in the Atlantic that the states implement through ADDRESSES: You may submit comments includes cobia off the east coast of fishing regulations. on Amendment 31, identified by Florida. Atlantic cobia is managed from In May 2016, the ASMFC started ‘‘NOAA–NMFS–2018–0114,’’ by either Georgia through New York. The developing an interstate FMP for of the following methods: boundary between the two migratory Atlantic cobia with the purpose to VerDate Sep<11>2014 20:17 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1


Document Created: 2018-10-11 15:34:53
Document Modified: 2018-10-11 15:34:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; revision, reopening of comment period, and announcement of public meetings.
DatesThe comment period for the proposed rule published March 11, 2015, at 80 FR 12846 is reopened.
ContactStephen Ricks, Field Supervisor, Mississippi Ecological Services Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; telephone 601-321-1122; or facsimile 601- 965-4340. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.
FR Citation83 FR 51418 
RIN Number1018-BD52
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation
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