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, 84510-84511 [2024-24533]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[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 [www.gpo.gov]
[FR Doc No: 2024-24533]



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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:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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.
     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 
https://www.regulations.gov 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: https://www.fisheries.noaa.gov/action/proposed-rule-10-species-giant-clams-under-endangered-species-act. The peer review plan, associated charge 
statement, and peer review report can be accessed electronically at: 
https://www.noaa.gov/information-technology/status-review-report-of-7-giant-clam-species-petitioned-under-us-endangered-species-act-hippopus. 
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 https://www.regulations.gov and entering NOAA-NMFS-2017-
0029 in the Search box.

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

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.


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    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]
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