Proposed Rule2024-16749
Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Endangered Species Status for the Toothless Blindcat and the Widemouth Blindcat
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
August 1, 2024
Effective
August 22, 2023
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 determinations of whether to list the toothless blindcat (Trogloglanis pattersoni) and the widemouth blindcat (Satan eurystomus) as endangered species under the Endangered Species Act of 1973, as amended (Act). We are taking this action based on substantial disagreement regarding the sufficiency and accuracy of the available data relevant to the proposed listing rule, making it necessary to solicit additional information. Therefore, we are also reopening the comment period on the proposed rule for an additional 30 days. 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 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Proposed Rules]
[Pages 62707-62709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16749]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2023-0069; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BE77
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination on the Proposed Endangered Species Status for
the Toothless Blindcat and the Widemouth Blindcat
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), announce a
6-month extension of the final determinations of whether to list the
toothless blindcat (Trogloglanis pattersoni) and the widemouth blindcat
(Satan eurystomus) as endangered species under the Endangered Species
Act of 1973, as amended (Act). We are taking this action based on
substantial disagreement regarding the sufficiency and accuracy of the
available data relevant to the proposed listing rule, making it
necessary to solicit additional information. Therefore, we are also
reopening the comment period on the proposed rule for an additional 30
days. 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 September 3,
[[Page 62708]]
2024. 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.
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 panel on the left side of the screen, under the Document Type
heading, check 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 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: 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 the widemouth blindcat as endangered
species under the Act (16 U.S.C. 1531 et seq.). On October 12, 2023, we
received a request to extend the proposed rule's public comment period;
thus, on December 7, 2023, we published a document (88 FR 85177)
reopening the proposed rule's public comment period for an additional
30 days.
Section 4(b)(6) of the Act 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 listing: (1) Finalize the proposed rule;
(2) withdraw the proposed rule; or (3) extend the final determination
by not more than 6 months, if there is substantial disagreement
regarding the sufficiency or accuracy of the available data relevant to
the determination.
Since the August 22, 2023, publication of the proposed rule, there
has been ongoing disagreement regarding the interpretation and accuracy
of the best available information pertaining to the status of toothless
blindcat and widemouth blindcat populations, the species' respective
life histories, application of surrogate species, potential extent and
use of available habitat, and impact of groundwater well mortality on
these species. The substantial nature of this disagreement on the
current status of these species became evident during the recently
reopened comment period (see 88 FR 85177; December 7, 2023), when
differing interpretations of existing information on the two species'
biology and habitat use, aquifer dynamics, and specifications and
operation of groundwater wells in the City of San Antonio, Texas, were
discussed by commenters. There is substantial disagreement regarding
the application of mortality estimates applied to groundwater wells to
assess fish mortality with alternative modeling approaches recommended.
Information was also submitted related to flow dynamics of the Edwards
Aquifer and the operational history and engineering specifications of
some groundwater wells known to produce toothless blindcats and
widemouth blindcats that would reduce probability of well entrainment
and expulsion of fish, and thus reduce the probability of mortality of
the species.
We find that there is substantial scientific disagreement about
certain data relevant to our listing determinations. Therefore, in
consideration of this disagreement, we have determined that a 6-month
extension of the final determinations for this rulemaking is necessary.
We are hereby extending the final determinations for 6 months in order
to solicit additional information that will help us clarify these
issues and to fully analyze any new data we receive that are relevant
to our final listing determinations. With this 6-month extension, the
final determinations on the proposed listings of the toothless blindcat
and the widemouth blindcat must publish in the Federal Register no
later than February 22, 2025.
With this document, we reopen the public comment period on the
August 22, 2023, proposed rule (88 FR 57046) for an additional 30 days,
as specified above in DATES.
For a description of previous Federal actions concerning the
toothless blindcat and the 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).
Information Requested
We will accept written comments and information during this
reopened comment period on our August 22, 2023, proposed rule to list
the toothless blindcat and widemouth blindcat as endangered species
under the Act (88 FR 57046). We will consider information and
recommendations from all interested parties. We intend that any final
actions 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 all comment periods on the proposed rule.
Due to the scientific disagreements described above, we are
particularly interested in new information and evidence regarding:
(1) Data on the current status, trends, habitat preferences, and
life history of toothless blindcat and widemouth blindcat populations.
(2) Modeled quantitative analyses of blindcat population responses
to additive mortality in the form of groundwater well expulsion and in
relation to aquifer dynamics, groundwater well density, distribution,
and operational history, including length-frequency analyses of both
species to inform understanding of population dynamics.
(3) Documented life histories of other subterranean catfishes that
could better inform understanding of the toothless blindcat's and
widemouth blindcat's biology, including population responses to
additive mortality.
(4) Potential for the existence of reduced predatory pressure on
the toothless blindcat, resulting in increased abundance for that
species, as a result of reduced widemouth blindcat numbers. (The
widemouth blindcat is hypothesized to be a potential predator
[[Page 62709]]
that feeds on suitably sized toothless blindcat individuals).
(5) Information on fish behavioral avoidance of increased water
velocities.
(6) For groundwater wells known to produce both blindcats across
their ranges, installation and modification history from well
establishment to present (e.g., history of artesian versus pumped flow,
changes in pump depth, water velocity, designated use(s) over time, and
frequency of operation), vertical hydrogeologic conditions, prevalence
of groundwater conduits in well capture zone, and related engineering
and geological specifications.
(7) Information on current status (i.e., active or inactive),
designated use, drill depth, and associated information (e.g., borehole
diameters, yields, and vertical hydrogeologic conditions) of other
groundwater wells within the immediate area analysis units and the
potential area of occurrence, as defined in the species status
assessment (Service 2023, pp. 66-67).
(8) Specific documentation for municipal groundwater wells
regarding total dynamic head and 50 feet water draw depth, and
potential lack of capacity for wells to draw past 50 feet depth.
(9) Genetic analyses of museum specimen tissues and additionally
acquired tissue samples to ascertain the toothless blindcat's and
widemouth blindcat's current and historical population size and
structure, as well as potential for past genetic bottlenecks.
(10) Documentation of the continued presence of either species at
known groundwater wells or discovery of the species at additional
locations across the San Antonio segment of the Edwards Aquifer.
Because we will consider all comments and information we receive
during all 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 during either of the previous two comment periods,
please do not resubmit them. Any such comments are already incorporated
as part of the public record of the rulemaking proceeding, and we will
fully consider them in the preparation of our final determinations. Our
final determinations concerning the proposed listings will take into
consideration all written comments and any additional information we
receive.
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 include. 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.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-16749 Filed 7-31-24; 8:45 am]
BILLING CODE 4333-15-P
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