Proposed Rule2022-14336
Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Removal of the Ivory-Billed Woodpecker From the List of Endangered and Threatened Wildlife
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2022
Effective
September 30, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination on whether to remove the ivory-billed woodpecker (Campephilus principalis), a bird species historically found in the American southeast, from the List of Endangered and Threatened Wildlife (List). We are also reopening the comment period on the proposed rule to remove this species from the List for an additional 30 days. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final determination. We are taking this action to extend the final determination based on substantial disagreement regarding the status of the ivory-billed woodpecker.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Proposed Rules]
[Pages 40477-40478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14336]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2020-0109; FF09E22000 FXES11130900000 201]
RIN 1018-BC98
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination on the Proposed Removal of the Ivory-Billed
Woodpecker From the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
6-month extension of the final determination on whether to remove the
ivory-billed woodpecker (Campephilus principalis), a bird species
historically found in the American southeast, from the List of
Endangered and Threatened Wildlife (List). We are also reopening the
comment period on the proposed rule to remove this species from the
List for an additional 30 days. Comments previously submitted need not
be resubmitted and will be fully considered in preparation of the final
determination. We are taking this action to extend the final
determination based on substantial disagreement regarding the status of
the ivory-billed woodpecker.
DATES: The comment period on the proposed rule that published September
30, 2021 (86 FR 54298), is reopened. We will accept comments received
or postmarked on or before August 8, 2022. If you comment using the
Federal eRulemaking Portal (see ADDRESSES, below), you must submit your
comments by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit comments on the proposed rule by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R4-ES-2020-0109,
which is the docket number for the rulemaking. Then, click on the
Search button. On the resulting page, in the 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:
[[Page 40478]]
FWS-R4-ES-2020-0109; 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
FOR FURTHER INFORMATION CONTACT: Brigette Firmin, Acting Field
Supervisor, Louisiana Field Office, 200 Dulles Dr., Lafayette, LA
70506; on the internet at <a href="https://www.fws.gov/office/louisiana-ecological-services">https://www.fws.gov/office/louisiana-ecological-services</a>; by telephone at 337-291-3108. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On September 30, 2021, we published a proposed rule (86 FR 54298)
to remove 23 species, including the ivory-billed woodpecker, from the
List of Endangered and Threatened Wildlife (List) due to extinction.
The proposed rule had a 60-day comment period, ending November 29,
2021. On January 11, 2022, we reopened the comment period for 30 days
(87 FR 1390) in order to hold a public hearing on the proposed rule to
remove the ivory-billed woodpecker from the List (i.e., to ``delist''
the species) and to allow all interested parties additional time to
comment on the proposed rule to delist the ivory-billed woodpecker. We
held the public hearing on January 26, 2022. For a description of other
previous Federal actions concerning the ivory-billed woodpecker, please
refer to the September 30, 2021, proposed rule (86 FR 54298).
This Action
Section 4(b)(6) of the Endangered Species Act of 1973, as amended
(Act; 16 U.S.C. 1531 et seq.), and its implementing regulations at 50
CFR 424.17(a) require that we take one of three actions within 1 year
of publication of a proposed rule to determine whether a species is an
endangered or threatened species: (1) Finalize the proposed rule; (2)
make a finding that such revision should not be made and withdraw the
proposed rule; or (3) extend the final determination by not more than 6
months, if there is substantial disagreement among scientists
knowledgeable about the species regarding the sufficiency or accuracy
of the available data relevant to the determination.
Since the publication of the proposed rule to delist the ivory-
billed woodpecker, there has been substantial disagreement regarding
the interpretation of the evidence that exists for the ivory-billed
woodpecker. This situation has led to a significant disagreement
regarding whether the species is extinct. Therefore, in consideration
of the disagreements among experts surrounding the ivory-billed
woodpecker's status, we are extending the final determination on the
proposal to delist the species for 6 months in order to solicit
additional information that will help to clarify these issues.
Information Requested
We will accept written comments and information during this
reopened comment period on our proposed delisting rule for ivory-billed
woodpecker (86 FR 54298; September 30, 2021). We will consider
information and recommendations from all interested parties. We intend
that any final action resulting from the proposal be as accurate as
possible and based on the best available scientific and commercial
data.
Due to the scientific disagreements described above, we are
particularly interested in new information and evidence regarding the
status of the ivory-billed woodpecker that has not previously been
provided. We particularly seek clear video or photographic evidence of
the presence of the ivory-billed woodpecker that can be repeatedly
interpreted the same way by independent observers, such as definitive
photographic evidence collected by a field observer (Ivory-billed
Woodpecker Final Recovery Plan, Service 2010, pp. 99-110).
If you previously submitted comments or information on the
September 30, 2021, proposed rule (86 FR 54298), please do not resubmit
them. We have incorporated previously submitted comments into the
public record, and we will fully consider them in the preparation of
our final determination. Our final determination concerning the
proposed delisting of the ivory-billed woodpecker will take into
consideration all written comments and any additional information we
receive.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Louisiana Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT). You may obtain copies of the proposed
rule on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
R4-ES-2020-0109, or by mail from the U.S. Fish and Wildlife Service,
Louisiana Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-14336 Filed 7-6-22; 8:45 am]
BILLING CODE 4333-15-P
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