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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules biological feature essential to the conservation of the species, should be included in the designation and why;
c Any additional areas occurring within the range of the species in Tulare, Kern, Fresno, Madera, Mariposa, and Tuolumne counties in California that should be included in the designation because they 1 are occupied at the time of listing and contain the physical or biological feature that is essential to the conservation of the species and that may require special management considerations, or 2 are unoccupied at the time of listing and are essential for the conservation of the species;
d 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 e What areas not occupied at the time of listing are essential for the conservation of the species. We particularly seek comments:
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 the physical and biological feature essential to the conservation of the species; and iii Explaining whether or not unoccupied areas fall within the definition of habitat at 50 CFR 424.02
and why.
3 Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
4 Information on the projected and reasonably likely impacts of climate change on the SSN DPS of fishers proposed critical habitat.
5 Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the benefits of including or excluding specific areas.
6 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 and any additional information regarding probable economic impacts that we should consider.
7 Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4b2 of the Act; whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under
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section 4b2 of the Act; and, in particular, whether any areas should be considered for exclusion under section 4b2 of the Act based on a conservation program or plan, and why.
These may include Federal, Tribal, State, county, local, or private lands with permitted conservation plans covering the species in the area such as habitat conservation plans, safe harbor agreements, or conservation easements, or non-permitted conservation agreements and partnerships that are under development. Detailed information regarding these plans, agreements, easements, and partnerships is also requested, including:
a The location and size of lands covered by the plan, agreement, easement, or partnership;
b The duration of the plan, agreement, easement, or partnership;
c Who holds or manages the land;
d What management activities are conducted;
e What land uses are allowable; and f If management activities are beneficial to the SSN DPS of fisher and its habitat.
8 Ongoing or proposed conservation efforts that could result in direct or indirect ecological benefits to the associated habitat for the SSN DPS of fisher. We would evaluate whether these efforts provide an ecological benefit to the DPS and contribute to the recovery of the species, and if so, these areas could be considered for exclusion from the final critical habitat designation.
9 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. If you request the exclusion of any areas from the final designation, please provide credible information regarding the existence of a meaningful economic or other relevant impact supporting the benefit of exclusion of that particular area. Also, 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 4b2 of the Act directs that the Secretary shall designate critical habitat on the basis of the best scientific information available.

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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 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, our final critical habitat 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 It is our intent to discuss only those topics directly relevant to the designation of critical habitat for the SSN DPS of fisher in this document. For more information on the DPS, general information about fisher habitat, and previous Federal actions associated with
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