[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Page 8749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 226

[Docket No: 200918-0249]
RIN 0648-BJ52


Endangered and Threatened Species; Critical Habitat for the 
Threatened Indo-Pacific Corals, Extension of Public Comment Period

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; second extension of comment period.

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SUMMARY: We, NMFS, are extending the public comment period by 30 days 
for our proposed rule, published in the Federal Register on November 
27, 2020, to designate critical habitat for seven threatened corals in 
U.S. waters in the Indo-Pacific (Acropora globiceps, Acropora 
jacquelineae, Acropora retusa, Acropora speciosa, Euphyllia paradivisa, 
Isopora crateriformis, and Seriatopora aculeata) under the Endangered 
Species Act. On December 23, 2020 the comment period was extended 30 
days. The end of the public comment period is extended again from 
February 25, 2021, to March 27, 2021.

DATES: The comment period for the notice of proposed rulemaking 
published at 85 FR 76262, and first extended at 85 FR 83899, is 
extended. The public comment period is extended by 30 days to March 27, 
2021. Comments must be received by March 27, 2021, as specified under 
ADDRESSES. Comments received after this date may not be accepted.

ADDRESSES: You may submit public comments in writing by any of the 
following methods. Comments must be received by March 27, 2021:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0131 click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Lance Smith, Protected Resources Division, NMFS, 
Pacific Islands Regional Office, NOAA Inouye Regional Center, 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: You must submit comments by one of the previously 
described methods to ensure that we receive, document, and consider 
them. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
will generally be posted to http://www.regulations.gov without change. 
All Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS Pacific Islands 
Region, [email protected] or 808-725-5131.

SUPPLEMENTARY INFORMATION: On November 27, 2020, NMFS proposed to 
designate critical habitat for seven Indo-Pacific corals listed as 
threatened under the Endangered Species Act (ESA) within U.S. waters in 
Guam, the Commonwealth of the Northern Mariana Islands (CNMI), American 
Samoa, and the Pacific Remote Island Area (PRIA). The seven species are 
Acropora globiceps, A. jacquelineae, A. retusa, A. speciosa, Euphyllia 
paradivisa, Isopora crateriformis, and Seriatopora aculeata. Proposed 
coral critical habitat consists of substrate and water column habitat 
characteristics essential for the reproduction, recruitment, growth, 
and maturation of the listed corals.
    Proposed critical habitat consists of 17 separate units, each of 
which contains all ESA-listed corals that occur there. There are four 
units in American Samoa (Tutuila, Ofu-Olosega, Ta`u, Rose Atoll); seven 
in CNMI (Rota, Aguijan, Tinian, Saipan, Anatahan, Pagan, and Maug 
Islands); five in the PRIA (Howland, Palmyra, Kingman, Johnston, and 
Jarvis Islands); and one unit encompassing all proposed designations in 
Guam. Between one and six listed corals occur in each unit. The 
following areas are either ineligible for proposed critical habitat, or 
excluded because of national security impacts: A complex of overlapping 
Navy Surface Danger Zones off of Ritidian Point in Guam; other parts of 
Guam; parts of Tinian; a group of six Navy anchorage berths on Garapan 
Bank in Saipan; all of Farallon de Medinilla; and all of Wake Atoll.
    Critical habitat protections apply only to Federal actions under 
section 7 of the ESA. Activities that are not funded, authorized, or 
carried out by a Federal agency are not subject to these protections. 
The proposed rule and other materials prepared in support of this 
action, including maps showing the proposed critical habitat, are 
available at: https://www.fisheries.noaa.gov/action/proposed-rule-designate-critical-habitat-threatened-indo-pacific-corals.
    The original public comment period for this proposed rule was 
scheduled to close on January 26, 2021. In response to public input, we 
extended the public comment period by 30 days to February 25, 2021, and 
held two online public hearings on January 19 and January 21, 2021. At 
the public hearings, we received several requests to again extend the 
public comment period, to allow the public to adequately review the 
extensive supporting materials for the proposed rule in order to 
formulate public comments. Similarly, on January 26, 2021, we received 
a letter from the Governors of CNMI, Guam, and American Samoa 
requesting extension of the public comment period for the same reason. 
In response, we are extending the public comment period by another 30 
days. We are accepting public comments for the proposed rule through 
March 27, 2021. Public comments can be submitted as described under 
ADDRESSES.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: February 3, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-02540 Filed 2-8-21; 8:45 am]
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