Endangered and Threatened Wildlife and Plants; Listing Determinations for Ten Species of Giant Clams Under the Endangered Species Act; Public Hearings, 67400-67402 [2024-18637]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Proposed Rules]
[Pages 67400-67402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 240626-0177; RTID 0648-XF174]


Endangered and Threatened Wildlife and Plants; Listing 
Determinations for Ten Species of Giant Clams Under the Endangered 
Species Act; Public Hearings

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

ACTION: Notification of public hearings and listening sessions.

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SUMMARY: We, NMFS, will hold seven public hearings and three listening 
sessions related to our proposed rule to list five species of giant 
clams as endangered and five species of giant clams as threatened under 
the Endangered Species Act (ESA).

DATES: Please see Public Hearings and Listening Sessions in the 
SUPPLEMENTARY INFORMATION section for date information. Comments on the 
proposed rule (89 FR 60498, July 25, 2024) must be received by October 
23, 2024. Comments received after this date may not be accepted.

ADDRESSES: The addresses for the venues of the in-person hearings and 
listening sessions, and instructions for joining the virtual hearing 
are provided below.
     Tutuila Public Hearing #1 and Listening Session: Rex H. 
Lee Auditorium, Utulei, Eastern District, American Samoa 96799.
     Tutuila Public Hearing #2: Tradewinds Hotel, Tafuna, 
Western District, American Samoa 96799.
     Tinian Public Hearing: Tinian Elementary School, 8th 
Avenue, San Jose, Tinian, CNMI 96952.
     Rota Public Hearing: Department of Commerce, Songsong 
Village, Rota, CNMI 96951.
     Guam Public Hearing and Listening Session: Pacific Islands 
Club Guam, Pale San Vitores Rd., Tumon, Guam 96913.
     Saipan Public Hearing and Listening Session: Crowne Plaza 
Resort, Coral Tree Ave., Garapan, Saipan, CNMI 96950.
     Virtual Hearing: This hearing will be conducted as a Webex 
meeting. You may join the Webex meeting using a web browser, the Webex 
desktop app (app installation required), a mobile app on a phone (app 
installation required),

[[Page 67401]]

or audio-only using just a phone call, as specified below.
    [cir] Join the webinar via this link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m62351f6b3e964c7a1b91f6e8bc59a208.
    [cir] Webinar number: 2820 450 2543 Webinar password: rV5ttXEcT77 
(78588932 when dialing from a phone or video system).
    [cir] Join by phone: +1-415-527-5035 Access code: 282 045 02543.
    You may submit comments verbally or in writing at the public 
hearings, or in writing by any of the following methods:
     Electronic Submissions: Submit all electronic comments via 
the Federal e- Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2017-0029 in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
     Mail: John Rippe, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.
    Instructions: You must submit comments by one of the previously 
described methods to ensure that we receive, document, and consider 
them. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period on October 
23, 2024, may not be considered. All comments received are a part of 
the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: John Rippe, NMFS Office of Protected 
Resources, at [email protected] or 301-427-8467.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2024, NOAA Fisheries announced a proposed rule (89 FR 
60498) to list five species of giant clams (Hippopus porcellanus, 
Tridacna derasa, T. gigas, T. mbalavuana, and T. squamosina) as 
endangered and one species of giant clam (H. hippopus) as threatened 
under the ESA due to their extinction risk, as assessed under section 
4(a)(1) of the ESA. We also proposed to list four additional species of 
giant clams (T. crocea, T. maxima, T. noae, and T. squamosa) as 
threatened under the ESA. They are proposed to be listed due to the 
similarity of appearance of products derived from these species (e.g., 
meat, worked shell products, and pearls) to those derived from the six 
aforementioned species.
    In that notification, we proposed to extend all of the ESA section 
9 prohibitions to H. hippopus. We also proposed to issue a protective 
regulation under section 4(d) of the ESA to prohibit the import and 
export of derivative parts and products of T. crocea, T. maxima, T. 
noae, and T. squamosa into and from the United States and its 
Territories.
    The proposed rule and other materials prepared in support of this 
action are available at: https://www.fisheries.noaa.gov/action/proposed-rule-10-species-giant-clams-under-endangered-species-act. We 
are accepting public comments on the proposed rule through a 90-day 
public comment period, which ends on October 23, 2024 (see ADDRESSES 
for instructions on how to submit a public comment). All comments 
submitted prior to this date will be considered before finalizing the 
listing determination.

Public Hearings

    Public hearings on the proposed listing determination for 10 
species of giant clams will be held on the following dates in the 
evening hours of the affected jurisdictions (American Samoa, the 
Commonwealth of the Northern Mariana Islands (CNMI), and Guam). Times 
are given in Eastern Daylight Time (EDT), Chamorro Standard Time (ChST) 
and Samoa Standard Time (SST). Addresses for the venues of the in-
person hearings and instructions for joining the virtual hearing are 
provided under ADDRESSES above.
     American Samoa, Tutuila #1: A public hearing is scheduled 
for Wednesday, September 4, 2024, at the Rex H. Lee Auditorium. Doors 
will open at 5:30 p.m. SST, the informational meeting will begin at 6 
p.m. SST, and the public hearing will begin at 7 p.m. SST.
     American Samoa, Tutuila #2: A public hearing is scheduled 
for Thursday, September 5, 2024, at the Tradewinds Hotel. Doors will 
open at 5:30 p.m. SST, the informational meeting will begin at 6 p.m. 
SST, and the public hearing will begin at 7 p.m. SST.
     CNMI, Tinian: A public hearing is scheduled for Tuesday, 
September 10, 2024, at Tinian Elementary School. Doors will open at 
5:30 p.m. ChST, the informational meeting will begin at 6 p.m. ChST, 
and the public hearing will begin at 7 p.m. ChST.
     CNMI, Rota: A public hearing is scheduled for Thursday, 
September 12, 2024, at the Department of Commerce, Rota. Doors will 
open at 5:30 p.m. ChST, the informational meeting will begin at 6 p.m. 
ChST, and the public hearing will begin at 7 p.m. ChST.
     Guam: A public hearing is scheduled for Tuesday, September 
17, 2024, at Pacific Islands Club Guam. Doors will open at 5:30 p.m. 
ChST, the informational meeting will begin at 6 p.m. ChST, and the 
public hearing will begin at 7 p.m. ChST.
     CNMI, Saipan: A public hearing is scheduled for Thursday, 
September 19, 2024, at Crowne Plaza Resort. Doors will open at 5:30 
p.m. ChST, the informational meeting will begin at 6 p.m. ChST, and the 
public hearing will begin at 7 p.m. ChST.
     One virtual hearing is scheduled for the following time 
and date:
    [cir] Eastern Daylight Time Zone: the informational meeting will 
begin on Wednesday, October 2, 2024, at 7 p.m. EDT, and the public 
hearing will begin at 8 p.m. EDT.
    [cir] Samoa Standard Time Zone: the informational meeting will 
begin on Wednesday, October 2, 2024, at 12 p.m. SST, and the public 
hearing will begin at 1 p.m. SST.
    [cir] Chamorro Standard Time Zone: the informational meeting will 
begin on Thursday, October 3, 2024, at 9 a.m. ChST, and the public 
hearing will begin at 10 a.m. ChST.
    Six public hearings will be conducted in-person and one hearing 
will be conducted online as a Webex meeting, as specified in ADDRESSES 
above. The hearings will begin with a brief presentation by NMFS that 
provides an overview of the proposed ESA listing determination for 10 
species of giant clams. After the presentation but before public 
comments, there will be a question and answer session during which 
members of the public may ask NMFS staff clarifying questions about the 
proposed rule. Following the question and answer session, members of 
the public will have the opportunity to provide oral comments on the 
record regarding the proposed listing determination. Members of the 
public will also have the opportunity to submit written comments at the 
hearings. Written comments may also be submitted at any time during the 
relevant public comment period as described above (see DATES and 
ADDRESSES). All oral comments will be recorded (audio), transcribed, 
and

[[Page 67402]]

added to the public comment record for this proposed rule.

Listening Sessions

    In advance of the first public hearing in American Samoa and the 
public hearings on Guam and Saipan, CNMI, we will hold three listening 
sessions to bring together resource managers, policymakers, and members 
of the public to share information about the potential impact of the 
proposed listing determination in the U.S. Pacific Island Territories 
from the perspectives of the local community. The listening sessions 
will be held on the following dates and times. Times are given in 
Chamorro Standard Time (ChST) and Samoa Standard Time (SST). Addresses 
for the venues of the listening sessions are provided under ADDRESSES 
above.
     American Samoa, Tutuila: A public listening session is 
scheduled for Wednesday, September 4, 2024, at the Rex H. Lee 
Auditorium. Doors will open at 12:30 p.m. SST.
     Guam: A public listening session is scheduled for Tuesday, 
September 17, 2024, at Pacific Islands Club Guam. Doors will open at 
12:30 p.m. ChST.
     CNMI, Saipan: A public listening session is scheduled for 
Thursday, September 19, 2024, at Crowne Plaza Resort. Doors will open 
at 12:30 p.m. ChST.
    The listening sessions are intended to provide a forum for members 
of the local community to share information about the potential impact 
in the U.S. Pacific Island Territories of the proposed ESA listing 
determination and the additional potential regulatory measures 
identified in our proposal. Listing decisions must be made solely on 
the basis of the best available scientific and commercial information 
regarding a species' status. 50 CFR 424.11(b). We cannot consider 
public comments on economic or other impacts as part of the listing 
determinations. However, NMFS is offering separate listening sessions 
to obtain relevant information about giant clams to assist with 
analyses under other authorities and to provide more background to 
local communities regarding the listing process and the ESA generally. 
Following a brief presentation by NMFS that provides an overview of the 
proposed ESA listing determination for 10 species of giant clams, 
participants will have an opportunity to ask clarifying questions, 
voice concerns about the proposed rule, or share additional information 
regarding giant clams, which NMFS staff will address to the extent 
practicable. All discussions that occur during the listening session 
will be manually recorded in summary notes and will be addressed in the 
final rule preamble.

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

    Dated: August 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-18637 Filed 8-19-24; 8:45 am]
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