[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21600-21601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07437]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 226

[Docket No.230309-0070; RTID 0648-XC913]


Endangered and Threatened Wildlife and Plants; Threatened Listing 
Determination for the Sunflower Sea Star Under the Endangered Species 
Act; Public Hearings

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

ACTION: Notification of public hearings.

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SUMMARY: We, NMFS, will hold two public hearings related to our March 
16, 2023, proposed rule to list the sunflower sea star (Pycnopodia 
helianthoides) as threatened under the Endangered Species Act (ESA).

DATES: Written comments must be received by May 15, 2023. Both hearings 
are open to all interested parties and we encourage participation by 
members of the public wishing to provide oral comments. In-person 
public hearings will be held, convening at 4 p.m. and concluding no 
later than 7 p.m. Alaska Daylight Time (AKDT), on the following dates: 
May 2, 2023 (Kodiak, Alaska) and May 10, 2023 (Petersburg, Alaska). 
Teleconference will also be available (see ADDRESSES). NMFS may close 
the hearings 15 minutes after the conclusion of public testimony and 
after responding to any clarifying questions from hearing participants 
about the proposed rule. Contact Sadie Wright (see FOR FURTHER 
INFORMATION CONTACT) if you intend to join the public hearing after 
5:30 p.m. so we can leave the public testimony portion open to 
accommodate you.

ADDRESSES: The May 2 public hearing will be held in the Harbor Room of 
the Best Western Kodiak Inn at 236 Rezanof Drive, Kodiak, Alaska 99615. 
The May 10 public hearing will be held at Petersburg Borough Assembly 
Chambers at 12 South Nordic Drive, Petersburg, Alaska 99833. 
Individuals unable to attend in person may participate in either 
hearing via conference call. Toll free conference call information for 
both hearings is the same: Telephone: (888) 790-2053, Conference Code: 
2314303.
    You may submit written data, information, or comments regarding the 
proposed rule to list the sunflower sea star as threatened under the 
ESA, identified by Docket ID NOAA-NMFS-2021-0130-0038, by either of the 
following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to www.regulations.gov, and enter 
NOAA-NMFS-2021-0130 in the Search box. Click the ``Submit a Formal 
Comment'' or ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Dayv Lowry, NMFS West 
Coast Region Lacey Field Office, 1009 College St. SE, Lacey, WA 98503, 
USA.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    The proposed rule and supporting documents are available in the 
docket for the proposed rule at www.regulations.gov, and on the NMFS 
website at https://www.fisheries.noaa.gov/species/sunflower-sea-star#conservation-management.

FOR FURTHER INFORMATION CONTACT: Sadie Wright, NMFS Alaska Region, 
(907) 586-7630, [email protected]; or Dayv Lowry, NMFS West Coast 
Region, (253) 317-1764, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On August 18, 2021, we received a petition from the Center for 
Biological Diversity to list the sunflower sea star (Pycnopodia 
helianthoides) as a

[[Page 21601]]

threatened or endangered species under the ESA. On December 27, 2021, 
we published a positive 90-day finding (86 FR 73230, December 27, 2021) 
announcing that the petition presented substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. We also announced the initiation of a status review of the 
species, as required by section 4(b)(3)(A) of the ESA, and requested 
information to inform the agency's decision on whether this species 
warrants listing as threatened or endangered. We completed a 
comprehensive status review for the sunflower sea star. Based on the 
best scientific and commercial information available (including the 
draft status review report), and after taking into account efforts 
being made to protect the species, we determined that the sunflower sea 
star is likely to become an endangered species within the foreseeable 
future throughout its range. Therefore, on March 16, 2023, we proposed 
to list the sunflower sea star as a threatened species under the ESA. 
The proposed rule opened a public comment period through May 15, 2023.

Public Hearings

    We will hold two in-person public hearings, with associated 
conference calls, to accept comments on the proposed rule to list the 
sunflower sea star as threatened under the ESA on the dates and at the 
times listed above (see ADDRESSES and DATES). Please see the Public 
Comments Solicited section of the March 16, 2023, proposed rule 
regarding the types of information and data we particularly seek (88 FR 
16212).
    During each public hearing, NMFS will provide a brief opening 
presentation on the proposed ESA-listing rule before accepting public 
testimony for the record. The hearings will be recorded for the purpose 
of preparing transcripts of oral comments received. Attendees will be 
asked to identify themselves before giving testimony in-person or 
before joining the hearing via teleconference. For the teleconference, 
once connected to the call, telephone lines will be automatically 
muted. During the public testimony portion of the hearing, the 
teleconference moderator will ask participants if they have comments. 
The teleconference moderator will inform participants with comments 
when it is their turn to comment. When it is your turn to offer your 
comment, the moderator will unmute your individual line. Commenters 
will be asked to state their full name and the identity of any 
organization on whose behalf they may be speaking. In the event that 
attendance at the public hearings is large, the time allotted for each 
commenter may be limited.
    Anyone wishing to make an oral statement at the public hearing is 
encouraged to also submit a written copy of their statement to us 
during the comment period by either of the methods identified above 
(see ADDRESSES and DATES). There are no limits on the length of written 
comments submitted to us. Written statements and supporting data and 
information submitted during the comment period will be considered with 
the same weight as oral statements provided during the public hearings.
    These public hearings are physically accessible to people with 
disabilities. People needing reasonable accommodations to participate 
in these hearings should submit a request as soon as possible, and no 
later than 10 business days before the accommodation is needed, by 
contacting Sadie Wright (see FOR FURTHER INFORMATION CONTACT).

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

    Dated: April 5, 2023.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2023-07437 Filed 4-10-23; 8:45 am]
BILLING CODE 3510-22-P