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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Proposed Rules
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the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on Comment Now!
2 By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn:
FWSR4ES20200062, U.S. Fish and Wildlife Service, MS: PRB/3W, 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 Information Requested, below, for more information.
Document availability: The draft economic analysis is available at http
www.fws.gov/mississippiES/, at http
www.regulations.gov under Docket No.
FWSR4ES20200062.
The coordinates or plot points or both from which the maps are generated are included in the administrative record for this critical habitat designation and are available at http www.fws.gov/
mississippiES/, at http
www.regulations.gov under Docket No.
FWSR4ES20200062. Any additional tools or supporting information that we may develop for this critical habitat designation will also be available at the Service website and Field Office set out above, and may also be included in the preamble and/or at http www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen Ricks, Field Supervisor, U.S.
Fish and Wildlife Service, Mississippi Ecological Services Field Office, 6578
Dogwood View Parkway, Jackson, MS
39213; telephone 6013211122.
Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
Executive Summary Why we need to publish a rule. To the maximum extent prudent and determinable, we must designate critical habitat for any species that we determine to be an endangered or threatened species under the Act.
Designations of critical habitat can only be completed by issuing a rule.
What this document does. This document proposes to designate critical habitat for the pearl darter in the Pascagoula River and Pearl River basins in Mississippi. We listed the pearl darter as a threatened species under the Act on September 20, 2017 82 FR
43885.
The basis for our action. Section 4a3 of the Act requires the Secretary
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of the Interior Secretary to designate critical habitat to the maximum extent prudent and determinable for species listed as endangered or threatened species. Section 35A of the Act defines critical habitat as i the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features I
essential to the conservation of the species and II which may require special management considerations or protection; and ii specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. Section 4b2 of the Act states that the Secretary must make the designation on the basis of the best available scientific data 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.
Economic impacts. In accordance with section 4b2 of the Act, we prepared an analysis of the economic impacts of the proposed critical habitat designation. In this document, we announce the availability of the draft economic analysis for public review and comment.
Peer review. 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, we will seek peer review of this proposed rule. We are seeking comments from independent specialists to ensure that our critical habitat 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 during the public comment period for this proposed rule see DATES, above.
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 concerned government agencies, Native American tribes, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek comments concerning:
1 The reasons why we should or should not designate habitat as critical
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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 not be 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 the pearl darters 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, i.e., rivers and streams within the Pearl River and Pascagoula River drainages in Mississippi and Louisiana, that should be included in the designation because they 1 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 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 occupied 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 inadequate 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
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