Proposed Rule2023-26853
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Toothless Blindcat and the Widemouth Blindcat; Extension of Comment Period
Primary source
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Published
December 7, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our August 22, 2023, proposed rule to list the toothless blindcat (Trogloglanis pattersoni) and widemouth blindcat (Satan eurystomus), two cavefish species from the Edwards Aquifer in Bexar County, Texas, as endangered species under the Endangered Species Act of 1973, as amended (Act). We are reopening the proposed rule's comment period to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in our final determinations.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Proposed Rules]
[Pages 85177-85178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26853]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2023-0069; FF09E21000 FXES1111090FEDR 245]
RIN 1018-BE77
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Toothless Blindcat and the Widemouth Blindcat; Extension
of Comment Period
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our August 22, 2023, proposed rule to
list the toothless blindcat (Trogloglanis pattersoni) and widemouth
blindcat (Satan eurystomus), two cavefish species from the Edwards
Aquifer in Bexar County, Texas, as endangered species under the
Endangered Species Act of 1973, as amended (Act). We are reopening the
proposed rule's comment period to give all interested parties an
additional opportunity to comment on the proposed rule. Comments
previously submitted need not be resubmitted, as they are already
incorporated into the public record and will be fully considered in our
final determinations.
DATES: The comment period on the proposed rule that published August
22, 2023, at 88 FR 57046, is reopened. We will accept comments received
or postmarked on or before January 8, 2024. Comments submitted using
the Federal eRulemaking Portal (see ADDRESSES, below) must be received
by 11:59 p.m. eastern time on the closing date.
ADDRESSES: You may submit comments 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-R2-ES-2023-0069,
which is the docket number for the August 22, 2023, proposed rule and
this document. 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, click on the Proposed Rule box to locate the correct
document. You may submit a comment by clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R2-ES-2023-0069, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275
[[Page 85178]]
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 Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Karen Myers, Field Supervisor, U.S.
Fish and Wildlife Service, Austin Ecological Services Field Office,
1505 Ferguson Lane, Austin, TX 78754; telephone 512-937-7371.
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. Please see Docket No. FWS-R2-ES-2023-0069 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes the August 22,
2023, proposed rule.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, we published a proposed rule (88 FR 57046) to
list the toothless blindcat and widemouth blindcat as endangered
species under the Act (16 U.S.C. 1531 et seq.). The proposed rule
opened a 60-day comment period, ending October 23, 2023. On October 12,
2023, we received a request to extend the public comment period. With
this document, we reopen the public comment period for an additional 30
days, as specified above in DATES.
For a description of previous Federal actions concerning the
toothless blindcat and widemouth blindcat and information on the types
of comments that would be helpful to us in making final determinations
on our proposal, please refer to the August 22, 2023, proposed rule (88
FR 57046 at 57046-57047).
Public Comments
We will accept written comments and information during the reopened
comment period on our August 22, 2023, proposed rule to list the
toothless blindcat and widemouth blindcat. 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 determinations will take into
consideration all comments and any additional information we receive
during both comment periods on the proposed rule.
Because we will consider all comments and information we receive
during both open comment periods, our final determinations may differ
from our August 22, 2023, proposed rule (88 FR 57046). Based on the new
information we receive (and, if relevant, any comments on that new
information), we may conclude that one or both of the species is
threatened instead of endangered, or we may conclude that one or both
of the species does not warrant listing as either an endangered species
or a threatened species. In our final rule, we will clearly explain our
rationale and the basis for our final decisions, including why we made
changes, if any, that differ from the August 22, 2023, proposal.
If you already submitted comments or information on the August 22,
2023, proposed rule, 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 Act
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. If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <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> at FWS-R2-ES-2023-0069.
Authors
The primary authors of this document are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Austin
Ecological Services Field Office.
Authority
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), is the authority for this action.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-26853 Filed 12-6-23; 8:45 am]
BILLING CODE 4333-15-P
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