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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations Newspaper notices inviting general public comment were published in the Salt Lake Tribune and Saint George News. We did not receive any requests for a public hearing. All substantive information provided during the comment period was either incorporated directly into this final rule or is addressed below.

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Peer Reviewer Comments In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 59 FR 34270
and our August 22, 2016 memorandum updating and clarifying the role of peer review of listing actions under the Act USFWS 2016, entire, we solicited expert opinion from seven knowledgeable individuals with scientific expertise and familiarity with the Kanab ambersnail, its habitat, its taxonomy, its biological needs and potential threats, or principles of conservation biology. We received responses from five peer reviewers. The purpose of peer review is to ensure that our listing determinations are based on scientifically sound data, assumptions, and analyses.
We reviewed and addressed all comments we received from the peer reviewers for substantive issues and new information regarding the proposed delisting of the Kanab ambersnail. The peer reviewers provided additional information, clarifications, and suggestions to improve the final rule, which we include in this rule or address in the responses to comments below.
One of the reviewers expressed support for the proposed action. The other four did not state support or opposition to the proposed changes. All reviewers found that, with their suggested changes: The proposed rule was accurate; we provided adequate analysis to support our proposed determination;
there were no significant oversights, omissions, or inconsistencies; our conclusions were logical and supported by the evidence provided; and we included all pertinent literature to support our arguments, assumptions, and conclusions.
All changes suggested by reviewers were incorporated into the text of this final rule. Such changes include additional details of population monitoring at all populations, an explanation of the rigorous review process for USGS reports, and a clarification on how shell morphology supports the conclusions in the Culver et al. 2013 study. Other minor editorial clarifications and corrections were also made based on peer reviewer comments.

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Public Comments We received seven letters from the public that provided comments on the proposed rule. Two of the commenters expressed their support for the proposed delisting and corroborated information we supplied in the rule. Four commenters expressed their opposition to it. Of these four, none presented substantive information to support their opposition. In all cases, the opposition was based on the importance of protecting rare species and ecosystems.
While we agree that protecting rare species and the habitats in which they occur is important, it is not a relevant factor in this determination because Kanab ambersnail is not a valid taxon and is being delisted on that basis.
One commenter provided some additional historical background regarding the naming and sampling of certain ambersnail sites mentioned in the proposed rule, but stated that this information did not affect the validity of the proposed action. We agree and thank the commenter for the additional detail and have added it to the record, but do not include it in our final rule as it does not impact our conclusions on taxonomy.
Delisting Determination Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for listing, reclassifying, or removing species from the Federal Lists of Endangered and Threatened Wildlife and Plants. Species is defined by the Act as including any species or subspecies of fish or wildlife or plants, and any distinct population segment of vertebrate fish or wildlife that interbreeds when mature 16 U.S.C.
153216. We may delist a species according to 50 CFR 424.11e if the best available scientific and commercial data indicate that: 1 The species is extinct;
2 the species does not meet the definition of an endangered or a threatened species; or 3 the listed entity does not meet the statutory definition of a species.
For the Kanab ambersnail, we conclude that the existing best available scientific information demonstrates that Oxyloma haydeni kanabensis does not represent a valid taxonomic entity and, therefore, does not meet the definition of species as defined in section 316
of the Act. Therefore, Oxyloma haydeni kanabensis no longer warrants listing under the Act. The Kanab ambersnail does not require a post-delisting monitoring plan because the requirements for a monitoring plan do not apply to species that are delisted for
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not meeting the statutory definition of a species.
Effects of This Rule This rule revises 50 CFR 17.11h to remove the Kanab ambersnail from the Federal List of Endangered and Threatened Wildlife. Because no critical habitat was ever designated for this subspecies, this rule does not affect 50
CFR 17.95.
The prohibitions and conservation measures provided by the Act no longer apply to the snail previously identified as the Kanab ambersnail. Interstate commerce, import, and export of the snails previously identified as the Kanab ambersnail are not prohibited under the Act. In addition, Federal agencies are no longer required to consult under section 7 of the Act on actions that may affect the snails previously identified as Kanab ambersnail or their habitat.
Required Determinations National Environmental Policy Act We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq., need not be prepared in connection with regulations pursuant to section 4a of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983
48 FR 49244.
Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994
Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.
The populations that were listed as Kanab ambersnail do not occur on
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