[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Proposed Rules]
[Pages 24654-24656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11189]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0077; 4500030113]
RIN 1018-BB34


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Texas Hornshell

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period; public hearings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the comment period for our August 10, 2016, proposed rule 
to list the Texas hornshell (Popenaias popeii) as an endangered species 
under the Endangered Species Act of 1973, as amended (Act). We also are 
notifying the public that we have scheduled informational meetings 
followed by public hearings on the proposed rule. Comments previously 
submitted on the proposal need not be resubmitted, as they are already 
incorporated into the public record and will be fully considered in our 
final determination.

DATES: Written comments: The comment period on the proposed rule that 
published August 10, 2016 (81 FR 52796), is reopened. We request that 
comments on the proposal be submitted on or before June 29, 2017. 
Comments submitted electronically using the Federal eRulemaking Portal 
(see ADDRESSES section, below) must be received by 11:59 p.m. Eastern 
Time on the closing date.
    Public meetings and hearings: We will hold two public informational 
sessions and public hearings on the proposed listing rule:
    (1) A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 13, 
2017, in Laredo, Texas (see ADDRESSES); and
    (2) A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. on June 15, 
2017, in Carlsbad, New Mexico (see ADDRESSES).
    People needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Texas Coastal 
Ecological Services Field Office, at 281-286-8282, as soon as possible 
(see FOR FURTHER INFORMATION CONTACT). In order to allow sufficient 
time to process requests, please call no later than 1 week before the 
meeting date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule and Species Status Assessment Report on the Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-0077, or by mail from 
the Texas Coastal Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    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 FWS-R2-ES-2016-0077. You 
may submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R2-ES-2016-0077; U.S. Fish and Wildlife 
Service Headquarters, MS: BPHC, 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://

[[Page 24655]]

www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Information Requested 
section below for more information)
    Public meetings and hearings: The public informational meetings 
will be held on the following dates and locations:
    1. A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. at Student 
Center Ballroom #203, Texas A&M International University, 5201 
University Blvd., Laredo, Texas 78041, on June 13, 2017.
    2. A public informational session from 5:00 p.m. to 6:00 p.m., 
followed by a public hearing from 6:30 p.m. to 8:30 p.m. at the Pecos 
River Village Conference Center, 711 Muscatel Ave., Carlsbad, NM 88220, 
on June 15, 2017.

FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, U.S. Fish and 
Wildlife Service, Texas Coastal Ecological Services Field Office, 17629 
El Camino Real #211, Houston, TX 77058; by telephone 281-286-8282; or 
by facsimile 281-488-5882. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

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, 
Native American tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule. We particularly 
seek comments concerning:
    (1) The Texas hornshell's biology, range, and population trends, 
including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding and spawning;
    (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 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 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, 
particularly in Mexico.
    (5) Information related to climate change within the range of the 
Texas hornshell and how it may affect the species' habitat.
    (6) The reasons why areas should or should not be designated as 
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et 
seq.)
    (7) Specific information on:
    (a) The amount and distribution of habitat for the Texas hornshell;
    (b) What areas, that are currently occupied and that contain the 
physical and biological features essential to the conservation of the 
Texas hornshell, should be included in a critical habitat designation 
and why;
    (c) Special management considerations or protection that may be 
needed for the essential features in potential critical habitat areas, 
including managing for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    If you previously submitted comments or information on the August 
10, 2016, proposed rule (81 FR 52796), please do not resubmit them. We 
have incorporated them into the public record, and we will fully 
consider them in our final determination. Our final determination 
concerning the proposed rulemaking will take into consideration all 
written comments and any information we receive.
    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 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is an endangered or 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 the 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 submission--
including any personal identifying information--will be posted on the 
Web site. 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. Please include 
sufficient information with your comments to allow us to verify any 
scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Texas Coastal Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT). You may obtain copies of the proposed rule on the 
Internet at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-
0077, or by mail from the U.S. Fish and Wildlife Service, Texas Coastal 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    On August 10, 2016, we published a proposed rule (81 FR 52796) to 
list the Texas hornshell as an endangered species under the Act. The 
publication of this proposed rule was pursuant to a court-approved 
settlement agreement (Endangered Species Act Section 4 Deadline 
Litigation, No. 10-377 (EGS), MDL Docket No. 2165 (D.D.C. May 10, 
2011)). That proposal had a 60-day comment period, ending October 11, 
2016. The Act and the relevant settlement agreement require that we 
publish a final listing determination for the Texas hornshell on or 
before August 10, 2017. For a description of previous Federal actions 
concerning the Texas hornshell, please refer to the August 10, 2016, 
proposed listing rule (81 FR 52796).
    During the comment period for the proposed listing rule, we 
received several requests for public hearings. We are reopening the 
comment period on our proposal to list the Texas hornshell as an 
endangered species for 30 days (see DATES) to hold those public 
hearings and allow the public an opportunity to provide comments on our 
proposal.

[[Page 24656]]

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: May 4, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-11189 Filed 5-26-17; 8:45 am]
 BILLING CODE 4333-15-P