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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Proposed Rules
Section 4b2 of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat.
Draft economic analysis of the proposed designation of critical habitat.
In order to consider the economic impacts of critical habitat for the Miami tiger beetle, we compiled information pertaining to the potential incremental economic impacts for this proposed critical habitat designation. The information we used in determining the economic impacts of the proposed critical habitat is summarized in this proposed rule see Consideration of Economic Impacts and is available at http www.regulations.gov at Docket No. FWSR4ES20210053 and at the Florida Ecological Services Field Office at http ww.fws.gov/verobeach/ see FOR FURTHER INFORMATION CONTACT. We are soliciting public comments on the economic information provided and any other potential economic impact of the proposed designation. We will continue to reevaluate the potential economic impacts between this proposal and our final designation.
Public comment. We are seeking comments and soliciting information from the public on our proposed designation to make sure we consider the best scientific and commercial information available in developing our final designation. Because we will consider all comments and information we receive during the comment period, our final determination may differ from this proposal. We will respond to and address comments received in our final rule.
We will seek peer review. We are seeking comments from independent specialists to ensure that our proposal is based on scientifically sound data and analyses. We have invited these peer reviewers to comment on our specific assumptions and conclusions in this critical habitat proposal.

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Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible.
Therefore, we request comments or information from other governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning:

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1 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.
2 Specific information on:
a The amount and distribution of Miami tiger beetle 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 Any additional areas occurring within the range of the species, in Miami-Dade County, that should be included in the designation because they i are occupied at the time of listing and contain the physical or biological features that are essential to the conservation of the species and that may require special management considerations, or ii 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;
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; and
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iii Explaining whether or not unoccupied areas fall within the definition of habitat at 50 CFR 424.02
and why.
iv We have identified 14 units in this proposal that were unoccupied at the time of listing that we find are essential to the conservation of the Miami tiger beetle. Please provide specific comments and information on:
Whether each of these units are essential to the conservation of the Miami tiger beetle and should be included in critical habitat, whether there are specific units that are not essential and should not be included in critical habitat and why, and whether there are any other specific areas not currently proposed that are essential to the conservation of the Miami tiger beetle that should be included in critical habitat.
3 Any additional areas occurring within the range of the species, i.e., South Florida, that should be included in the designation because they a are occupied at the time of listing and contain the physical and biological features that are essential to the conservation of the species and that may require special management considerations, or b are unoccupied at the time of listing and are essential for the conservation of the species.
4 Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
5 Information on the projected and reasonably likely impacts of climate change on Miami tiger beetle and proposed critical habitat.
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; any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, in particular, any impacts on small entities or families; and the benefits of including or excluding areas that exhibit these impacts.
7 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. In particular for those for which you think we should exclude any additional areas, please provide credible information regarding the existence of a meaningful economic or other relevant impact supporting a benefit of exclusion.

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