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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules 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.
5 The reasons why we should or should not designate habitat as critical habitat under section 4 of the Act 16
U.S.C. 1531 et seq., including information to inform the following factors that the regulations identify as reasons why designation of critical habitat may be not prudent:
a The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species;
b The present or threatened destruction, modification, or curtailment of a species habitat or range is not a threat to the species, or threats to the species habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7a2 of the Act;
c Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; or d No areas meet the definition of critical habitat.
6 Specific information on:
a The amount and distribution of Arizona eryngo habitat;
b What areas, that were occupied at the time of listing and that contain the physical or biological features essential to the conservation of the species, should be included 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. We particularly seek comments:

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i Regarding whether occupied areas are adequate for the conservation of the species; and ii Providing specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species.
7 Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
8 Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the related benefits of including or excluding specific areas.
9 Information on the extent to which the description of probable economic impacts in the draft economic analysis is a reasonable estimate of the likely economic impacts.
10 Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4b2 of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4b2 of the Act.
11 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.
Please include sufficient information with your submission such as scientific journal articles or other publications to allow us to verify any scientific or commercial information you include.
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 4b1A of the Act directs that determinations as to whether any species is an endangered or a 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 this 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 submissionincluding any personal identifying informationwill be posted on the website. If your submission is made via a hardcopy that includes
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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 this proposed rule, will be available for public inspection on http www.regulations.gov.
Because we will consider all comments and information we receive during the comment period, our final determinations may differ from this proposal. Based on the new information we receive and any comments on that new information, we may conclude that the species is threatened instead of endangered, or we may conclude that the species does not warrant listing as either an endangered species or a threatened species. For critical habitat, our final designation may not include all areas proposed, may include some additional areas that meet the definition of critical habitat, and may exclude some areas if we find the benefits of exclusion outweigh the benefits of inclusion.
Public Hearing Section 4b5 of the Act provides for a public hearing on this proposal, if requested. Requests must be received by the date specified in DATES. Such requests must be sent to the address shown in FOR FURTHER INFORMATION
CONTACT. We will schedule a public hearing on this proposal, if requested, and announce the date, time, and place of the hearing, as well as how to obtain reasonable accommodations, in the Federal Register and local newspapers at least 15 days before the hearing. For the immediate future, we will provide these public hearings using webinars that will be announced on the Services website, in addition to the Federal Register. The use of these virtual public hearings is consistent with our regulations at 50 CFR 424.16c3.
Previous Federal Actions On April 9, 2018, we received a petition from the Center for Biological Diversity, requesting that the Arizona eryngo be listed as endangered or threatened and critical habitat be designated for this species under the Act. On April 26, 2019, we published our 90-day finding that the petition presented substantial scientific information indicating that listing the Arizona eryngo under the Act may be warranted 84 FR 17768. This document constitutes our 12-month
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