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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules
Register and make a determination on our proposal within 1 year. 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.
Listing a species as an endangered or threatened species and designation of critical habitat can be accomplished only by issuing a rule.
What this document does. We propose to list the Penasco least chipmunk as an endangered species under the Act, and we propose the designation of critical habitat for the species.
The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: A The present or threatened destruction, modification, or curtailment of its habitat or range; B overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D the inadequacy of existing regulatory mechanisms; or E
other natural or manmade factors affecting its continued existence. We have determined that stressors affecting the viability of the Penasco least chipmunk include vegetation shifts, wildfire, forest encroachment, recreation, development, and land use Factor A, disease Factor C, nonnative species Factors A and C, and small population size and lack of connectivity Factor E.
Although small population size is the primary stressor to the Penasco least chipmunk, Risk Factors for Penasco Least Chipmunk, below, presents a broader discussion of the threats. We have found that existing regulatory mechanisms do not adequately reduce the threats acting on the species to eliminate the risk of extinction Factor D.
Section 4a3 of the Act requires the Secretary of the Interior Secretary to designate critical habitat concurrent with listing to the maximum extent prudent and determinable. 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 protections; 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
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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.
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 sought the expert opinions of five appropriate specialists regarding the species status assessment report. We received comments from three, and their input informed this proposed rule. The purpose of peer review is to ensure that our listing and critical habitat designations are based on scientifically sound data, assumptions, and analyses.
Additionally, we received reviews from several partners, including the State of New Mexico and U.S. Forest Service.
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, we may conclude 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. For critical habitat, our final 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.
Information Requested Public Comments 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, 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;

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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 habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors.
3 Biological, commercial trade, or other relevant data concerning any threats or lack thereof to the 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 the species, including the locations of any additional populations.
5 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.
6 Specific information on:
a The amount and distribution of Penasco least chipmunk habitat;
b What areas, that were occupied at the time of listing i.e., are currently occupied 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., the Sacramento and White Mountains in New Mexico, that should be included in the designation because they 1 are occupied at the time of listing and
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