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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules
shown in FOR FURTHER INFORMATION
CONTACT by December 3, 2021.
ADDRESSES:
Written comments: You may submit comments by one of the following methods:
1 Electronically: Go to the Federal eRulemaking Portal: http
www.regulations.gov. In the Search box, enter the docket number or RIN for this rulemaking presented above in the document headings. For best results, do not copy and paste either number;
instead, type the docket number or RIN
into the Search box using hyphens.
Then, click on the Search button. On the resulting page, in the Search panel on 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.
2 By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn:
FWSR8ES20210060, 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.
Availability of supporting materials:
The coordinates or plot points or both from which the critical habitat maps are generated are included in the decision file and are available at http
www.regulations.gov under Docket No.
FWSR8ES20210060. Any additional supporting information that we developed for this critical habitat designation will be available at http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Michael Fris, Field Supervisor, U.S.
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Rm. W2605, Sacramento, CA
95825; telephone 9164146600.
Persons who use a telecommunications device for the deaf TDD may call the Federal Relay Service at 8008778339.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with PROPOSALS1

Executive Summary Why we need to publish a rule. Under the Act, when we determine that any species is an endangered or threatened species, we are required to designate critical habitat, to the maximum extent prudent and determinable. Designations of critical habitat can be completed only by issuing a rule.

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What this document does. This document proposes to designate critical habitat for the federally endangered Southern Sierra Nevada DPS of fisher in portions of six counties Tulare, Kern, Fresno, Madera, Mariposa, and Tuolumne in the State of California.
Please note that, under the Act, the term species includes any subspecies of fish or wildlife or plants, and any distinct population segment DPS of any species of vertebrate fish or wildlife, which interbreeds when mature.
Therefore, in this document, we may refer to the Southern Sierra Nevada DPS
of fisher as a DPS or as a species.
The basis for our action. Under section 4a3 of the Act, if we determine that a species is an endangered or threatened species we must, to the maximum extent prudent and determinable, designate critical habitat. 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 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. The Secretary may exclude an area from the critical habitat designation if we determine that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless we determine, based on the best scientific data available, that the failure to designate such area will result in the extinction of the species.
Abbreviations and Acronyms Used in This Proposed Rule For the convenience of the reader, a list of the abbreviations and acronyms used in this proposed rule follows:
Act = Endangered Species Act 16 U.S.C.
1531 et seq.
BIA = Bureau of Indian Affairs BLM = Bureau of Land Management Cal Fire = California Department of Forestry and Fire Protection CBI = Conservation Biology Institute CFR = Code of Federal Regulations
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DEA = draft economic analysis DoD = Department of Defense DPS = distinct population segment FR = Federal Register IEc = Industrial Economics, Incorporated IEM = incremental effects memorandum INRMP = integrated natural resources management plan IRMP = integrated resources management plan Tule River Indian Tribe of the Tule River Reservation, California NEPA = National Environmental Policy Act 42 U.S.C. 4321 et seq.
NPS = National Park Service SCE = Southern California Edison Service = U.S. Fish and Wildlife Service SSA = species status assessment SSN = Southern Sierra Nevada USFS = U.S. Forest Service WUI = wildland-urban interface
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, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule.
We particularly seek comments concerning:
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 habitat for the SSN DPS of fisher;
b What areas, that were occupied at the time of listing 85 FR 29532; May 15, 2020 and that contain the physical and
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