Proposed Rule2024-24533
Endangered and Threatened Wildlife and Plants; Proposed Listing Determinations for Ten Species of Giant Clams Under the Endangered Species Act; Extension of Public Comment Period
Primary source
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Published
October 23, 2024
Effective
July 25, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce the extension of the public comment period on our July 25, 2024 proposed rule to list 5 species of giant clams as endangered and 5 species of giant clams as threatened under the Endangered Species Act (ESA) and to issue protective regulations for the 5 proposed threatened species under section 4(d) of the ESA. As part of that proposed action, we solicited comments on the proposed rule, a draft environmental assessment (EA), and an initial regulatory flexibility analysis (IRFA) over a 90-day comment period, which was scheduled to close on October 23, 2024. Comments previously submitted do not need to be resubmitted, as they will be fully considered in the agency's proposed action.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Proposed Rules]
[Pages 84510-84511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24533]
[[Page 84510]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 241016-0272; RTID 0648-XF174]
Endangered and Threatened Wildlife and Plants; Proposed Listing
Determinations for Ten Species of Giant Clams Under the Endangered
Species Act; Extension of Public Comment Period
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed rule; extension of public comment period.
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SUMMARY: We, NMFS, announce the extension of the public comment period
on our July 25, 2024 proposed rule to list 5 species of giant clams as
endangered and 5 species of giant clams as threatened under the
Endangered Species Act (ESA) and to issue protective regulations for
the 5 proposed threatened species under section 4(d) of the ESA. As
part of that proposed action, we solicited comments on the proposed
rule, a draft environmental assessment (EA), and an initial regulatory
flexibility analysis (IRFA) over a 90-day comment period, which was
scheduled to close on October 23, 2024. Comments previously submitted
do not need to be resubmitted, as they will be fully considered in the
agency's proposed action.
DATES: The comment period for the proposed rule published July 25, 2024
at 89 FR 60498, is extended. The deadline for receipt of comments is
extended from October 23, 2024 to February 19, 2025.
ADDRESSES: You may submit data, information, or written comments on
this document, identified by NOAA-NMFS-2017-0029, by either of the
following methods:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2017-0029 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Endangered Species
Division, Office of Protected Resources (F/PR3), National Marine
Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910,
USA, Attn: Giant Clams Species Listing Proposed Rule.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personally identifying
information (e.g., name, address, etc.), 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 Status Review Report associated with this determination, its
references, and the petition can be accessed electronically at: <a href="https://www.fisheries.noaa.gov/action/proposed-rule-10-species-giant-clams-under-endangered-species-act">https://www.fisheries.noaa.gov/action/proposed-rule-10-species-giant-clams-under-endangered-species-act</a>. The peer review plan, associated charge
statement, and peer review report can be accessed electronically at:
<a href="https://www.noaa.gov/information-technology/status-review-report-of-7-giant-clam-species-petitioned-under-us-endangered-species-act-hippopus">https://www.noaa.gov/information-technology/status-review-report-of-7-giant-clam-species-petitioned-under-us-endangered-species-act-hippopus</a>.
The draft EA and IRFA associated with the proposed ESA section 4(d)
regulation for Tridacna crocea, T. maxima, T. noae, and T. squamosa can
be accessed electronically via the Federal e-Rulemaking Portal by
navigating to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and entering NOAA-NMFS-2017-
0029 in the Search box.
FOR FURTHER INFORMATION CONTACT: John Rippe, NMFS Office of Protected
Resources, 301-427-8467; <a href="/cdn-cgi/l/email-protection#db91b4b3b5f589b2ababbe9bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="145e7b7c7a3a467d646471547a7b75753a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2024, we published a proposed rule to list 5 species of
giant clams as endangered and 5 species of giant clams as threatened
under the ESA and to issue protective regulations for the five proposed
threatened species under section 4(d) of the ESA (89 FR 60498). In that
notification, we also announced the availability of a draft EA and IRFA
associated with the proposed ESA section 4(d) regulation for Tridacna
crocea, T. maxima, T. noae, and T. squamosa. We solicited comments on
the proposed rule, draft EA, and IRFA during a 90-day period, which is
scheduled to end on October 23, 2024.
On August 30, 2024, we received a formal request from the
Territorial governments of American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands to extend the public comment period by
120 days in order to provide additional time to thoroughly review and
analyze the proposed rule, associated reports, and supporting datasets
and to engage with key stakeholders. We received additional requests
from the Western Pacific Regional Fishery Management Council on
September 27, 2024 and from U.S. Rep. James Moylan on October 4, 2023
similarly asking for a 120-day extension to allow more time for
community members to provide informed comments in response to the
proposed rule.
In our evaluation of these requests, we considered several factors
that may justify such a lengthy extension to the public comment period.
We considered that the proposed rule includes extinction risk analyses
and associated listing determinations for seven different species of
giant clams. We also considered that the proposed rule includes the
proposed listing of four species of giant clams on the basis of
similarity of appearance. Importantly, three of these four species had
been included in the initial petition for listing, but we concluded
that the petition did not present substantial scientific or commercial
information indicating that listing these species under the ESA may be
warranted (82 FR 28946, June 26, 2017). Thus, the subsequent proposal
to list these species on the basis of their similarity of appearance
may reasonably warrant additional time for public review and comment.
Lastly, we considered that the proposed rule includes two separate 4(d)
regulations, one associated with the species proposed to be listed as
threatened based on extinction risk (Hippopus hippopus) and the other
associated with the four species proposed to be listed as threatened
based on similarity of appearance (T. crocea, T. maxima, T. noae, and
T. squamosa).
Given the aforementioned factors contributing to the complexity of
the proposed rule, we conclude that there is good cause, consistent
with 50 CFR 424.16(c)(2), to extend the public comment period by an
additional 120 days, which will allow sufficient time for responders to
submit comments without significantly delaying finalization of the
proposed rule. We are, therefore, extending the close of the public
comment period from October 23, 2024, to February 19, 2025.
Authority: 16 U.S.C. 1531 et seq.
[[Page 84511]]
Dated: October 17, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-24533 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-22-P
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