[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Proposed Rules]
[Pages 22127-22129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08504]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2019-0020; FF09E21000 FXES11110900000 212]
RIN 1018-BD98


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status With Section 4(d) Rule for Big Creek Crayfish and St. Francis 
River Crayfish and Designations of Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and announcement of 
public hearing.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), proposed to 
list the Big Creek crayfish and the St. Francis River crayfish as 
threatened species with section 4(d) rules and designations of critical 
habitat on September 17, 2020. We announced a 60-day public comment 
period on the proposed rule, ending November 16, 2020. We now reopen 
the public comment period to allow all interested parties additional 
time to comment on the proposed rule. Comments previously submitted 
need not be resubmitted and will be fully considered in preparation of 
the final rule. We also announce a public informational meeting and 
public hearing on the proposed rule.

DATES: Written comments: The comment period on the proposed rule that 
published September 17, 2020 (85 FR 58192), is reopened. We will accept 
comments received or postmarked on or before May 27, 2021. Please note 
that comments submitted electronically using the Federal eRulemaking 
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern 
Time on the closing date, and comments submitted by U.S. mail must be 
postmarked by that date to ensure consideration.
    Public informational meeting and public hearing: On May 13, 2021, 
we will hold a public informational meeting from 6:00 to 7:15 p.m., 
Central Time, followed by a public hearing from 7:30 to 9:00 p.m., 
Central Time.

ADDRESSES: Availability of documents: You may obtain copies of the 
September 17, 2020, proposed rule and associated documents on the 
internet at http://www.regulations.gov under Docket No. FWS-R3-ES-2019-
0020.
    Written comments: You may submit written 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-R3-ES-2019-0020, 
which is the docket number for the proposed rule. 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 Now!'' Please ensure you have found the correct document 
before submitting your comments. If your comments will fit in the 
provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review 
procedures. If you attach your comments as a separate document, our 
preferred file format is Microsoft Word. If you attach multiple 
comments (such as form letters), our preferred format is a spreadsheet 
in Microsoft Excel.

[[Page 22128]]

    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R3-ES-2019-0020, 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 Public Comments, below, for more information).
    Public informational meeting and public hearing: The public 
informational meeting and the public hearing will be held virtually 
using the Zoom platform. See Public Hearing, below, for more 
information.

FOR FURTHER INFORMATION CONTACT: Karen Herrington, Field Supervisor, 
U.S. Fish and Wildlife Service, Missouri Ecological Services Field 
Office, 101 Park DeVille Drive, Suite A, Columbia, MO 65203-0057; 
telephone 573-234-2132. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On September 17, 2020, we published a proposed rule (85 FR 58192) 
to list the Big Creek crayfish and the St. Francis River crayfish as 
threatened species under the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.) with ESA section 4(d) rules and 
designations of critical habitat. The proposed rule had a 60-day public 
comment period, ending November 16, 2020. During the comment period for 
the proposed rule, we received a request for a public hearing. 
Therefore, we are reopening the comment period for 30 days on our 
proposed rule (see DATES, above) to hold a public informational meeting 
and a public hearing and to allow the public an additional opportunity 
to provide comments on the proposed rule.
    For a description of previous Federal actions concerning the Big 
Creek crayfish and the St. Francis River crayfish, please refer to the 
September 17, 2020, proposed rule (85 FR 58192).

Public Comments

    We will accept comments and information during this reopened 
comment period on our proposed rule for the Big Creek crayfish and the 
St. Francis River crayfish. We will consider information and 
recommendations from all interested parties. We intend that any final 
action resulting from the proposal will be based on the best scientific 
and commercial data available and will be as accurate and as effective 
as possible. Our final determination will take into consideration all 
comments and any additional information we receive during all comment 
periods on the proposed rule. Because we will consider all comments and 
information we receive during the comment periods, our final 
determinations may differ from our September 17, 2020, proposed rule 
(85 FR 58192). Based on the new information we receive (and any 
comments on that new information), we may conclude that the species are 
endangered instead of threatened, 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. In 
addition, we may change the parameters of the prohibitions or the 
exceptions to those prohibitions in the 4(d) rule if we conclude it is 
appropriate in light of comments and new information received. For 
example, we may expand the incidental-take prohibitions to include 
prohibiting additional activities if we conclude that those additional 
activities are not compatible with conservation of the species. 
Conversely, we may establish additional exceptions to the incidental-
take prohibitions in the final rule if we conclude that the activities 
would facilitate or are compatible with the conservation and recovery 
of the species.
    If you already submitted comments or information on the September 
17, 2020, proposed rule (85 FR 58192), please do not resubmit them. Any 
such comments are incorporated as part of the public record of the 
rulemaking proceeding, and we will fully consider them in the 
preparation of our final determinations.
    Comments should be as specific as possible. 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 assert. 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 ESA 
directs that determinations as to whether any species is an endangered 
species 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 by one of the methods 
listed in ADDRESSES. We request that you send comments only by the 
methods described in ADDRESSES. You may also provide your comments 
through verbal testimony during the public hearing (see DATES, 
ADDRESSES, and Public Hearing in this document).
    If you submit information via http://www.regulations.gov, your 
entire submission--including your personal identifying information--
will 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 at Docket 
No. FWS-R3-ES-2019-0020.

Public Hearing

    We have scheduled a public informational meeting and public hearing 
on our September 17, 2020, proposed rule to list the Big Creek crayfish 
and the St. Francis River crayfish (85 FR 58192). We will hold the 
public informational meeting and public hearing on the date and at the 
times listed above under Public informational meeting and public 
hearing in DATES. We are holding the public informational meeting and 
public hearing via the Zoom online video platform and via 
teleconference so that participants can attend remotely. For security 
purposes, registration is required. To listen and view the meeting and 
hearing via Zoom, listen to the meeting and hearing by telephone, or 
provide oral public comments at the public hearing by Zoom or 
telephone, you must register. For information on how to register, or if 
you encounter problems joining Zoom the day of the meeting, visit 
https://www.fws.gov/midwest/endangered/index.html. Registrants will 
receive the Zoom link and the telephone number for the public 
informational meeting and public hearing. If applicable, interested 
members of the public not familiar with the Zoom platform should view 
the Zoom video tutorials (https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior to the public informational 
meeting and public hearing.

[[Page 22129]]

    The public hearing will provide interested parties an opportunity 
to present verbal testimony (formal, oral comments) regarding the 
September 17, 2020, proposed rule to list the Big Creek crayfish and 
the St. Francis River crayfish as threatened with section 4(d) rules 
and designations of critical habitat (85 FR 58192). While the public 
informational meeting will be an opportunity for dialogue with the 
Service, the public hearing is not; it is a forum for accepting formal 
verbal testimony. In the event there is a large attendance, the time 
allotted for oral statements may be limited. Therefore, anyone wishing 
to make an oral statement at the public hearing for the record is 
encouraged to provide a prepared written copy of their statement to us 
through the Federal eRulemaking Portal or U.S. mail (see ADDRESSES, 
above). There are no limits on the length of written comments submitted 
to us. Anyone wishing to make an oral statement at the public hearing 
must register before the hearing (https://www.fws.gov/midwest/endangered/index.html). The use of a virtual public hearing is 
consistent with our regulations at 50 CFR 424.16(c)(3).

Reasonable Accommodation

    The Service is committed to providing access to the public 
informational meeting and public hearing for all participants. Closed 
captioning will be available during the public informational meeting 
and public hearing. Further, a full audio and video recording and 
transcript of the public hearing will be posted online at https://www.fws.gov/midwest/endangered/index.html after the hearing. 
Participants will also have access to live audio during the public 
informational meeting and public hearing via their telephone or 
computer speakers. Persons with disabilities requiring reasonable 
accommodations to participate in the meeting and/or hearing should 
contact the person listed under FOR FURTHER INFORMATION CONTACT at 
least 5 business days prior to the date of the meeting and hearing to 
help ensure availability. An accessible version of the Service's public 
informational meeting presentation will also be posted online at 
https://www.fws.gov/midwest/endangered/index.html prior to the meeting 
and hearing (see DATES, above). See https://www.fws.gov/midwest/endangered/index.html for more information about reasonable 
accommodation.

Authors

    The primary authors of this document are the Ecological Services 
staff of the Great Lakes Regional Office, U.S. Fish and Wildlife 
Service.

Authority

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

Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director U.S. Fish and Wildlife Service.
[FR Doc. 2021-08504 Filed 4-26-21; 8:45 am]
BILLING CODE 4333-15-P