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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

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: This proposed rule and supporting documents, including the species status assessment SSA report, are available at http
www.regulations.gov under Docket No.
FWSHQES20200100.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Maclin, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 220413803;
telephone, 7033582171. Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
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 governmental agencies including those in the species range in Russia and China, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule.
We particularly seek comments concerning:
1 The species biology, range, and population trends, including:
a Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering;
b Genetics and taxonomy;
c Historical and current range, including distribution patterns;
d Historical and current population levels, and current and projected trends;
and 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 destruction, modification, or curtailment of habitat or range; overutilization for commercial, recreational, scientific, or educational purposes; disease; predation; the inadequacy of existing regulatory mechanisms; or other natural or manmade factors.
3 Biological, commercial trade, or other relevant data concerning any
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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.
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 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, and base our determination on the best scientific and commercial data available, our final determination may differ from this proposal. Upon consideration of new information we receive and any comments on that new information, we may conclude based on the best scientific and commercial data available after considering all of the relevant factors 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.
Public Hearing Section 4b5 of the Act provides for a public hearing on this proposal, if
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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 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 March 12, 2012, the National Marine Fisheries Service NMFS
received a petition dated March 8, 2012, from Friends of Animals and WildEarth Guardians to list the Amur sturgeon and 14 related sturgeon species as endangered or threatened species under the Act. NMFS acknowledged receipt of this petition in a letter dated April 14, 2012, and informed the petitioners that NMFS would determine, under section 4 of the Act, whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted.
Although the petition was initially sent to NMFS, as a result of subsequent discussions between NMFS and the Service regarding the August 28, 1974, memorandum of understanding pertaining to Jurisdictional Responsibilities and Listing Procedures Under the Endangered Species Act of 1973, we have determined that 10 of the 15 petitioned sturgeon species including the Amur sturgeonare under the jurisdiction of the Service. In April 2012, the Service notified the petitioners of this jurisdictional finding.
On September 24, 2013, we announced in the Federal Register 78 FR 58507
our 90-day finding that the petition presented substantial scientific and commercial information indicating that the petitioned action may be warranted for these 10 sturgeon species.
This document constitutes our review and determination of the status of the Amur sturgeon, our 12-month finding on this species as required by the Acts section 4b3B, and our proposed rule to list this species.
Supporting Documents We prepared a species status assessment SSA report for the Amur sturgeon. The SSA analysis was led by a Service biologist, in consultation with other Service staff and species experts.

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