84510 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

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. 

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-clamsunder-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-clamspecies-petitioned-under-usendangered-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 eRulemaking 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; John.Rippe@

noaa.gov. 

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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 241018–0275] 

RIN 0648–BN15 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendment 34; 

Groundfish Exclusion Area for Coral 

Research and Restoration 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues these proposed 

regulations to implement amendment 34 

to the Pacific Coast Groundfish Fishery 

Management Plan (Groundfish FMP). 

The proposed regulations include a 

closure to commercial groundfish 

bottom contact gear in Monterey Bay 

National Marine Sanctuary (MBNMS). 

Specifically, NMFS proposes to 

implement a new groundfish exclusion 

area (GEA) for the purposes of coral 

research and restoration within MBNMS 

at the site of Sur Ridge. The purpose of 

this proposed action is to close the Sur 

Ridge site within the MBNMS off 

California to commercial groundfish 

bottom contact gear in order to protect 

future deep-sea coral research and 

restoration projects from the impact of 

fishing gear. The Office of National 

Marine Sanctuaries (ONMS) conducts 

scientific research in National Marine 

Sanctuaries, including on deep sea coral 

survival, growth and reproduction, 

under the National Marine Sanctuaries 

Act (NMSA) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Comments on this proposed rule 

must be received on or before November 

22, 2024. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0081. You may 

submit comments on this document, 

identified by NOAA–NMFS–2024–0081, 

by the following method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and type 

NOAA–NMFS–2024–0081 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

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 personal 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). 

Electronic copies of proposed 

amendment 34 and the draft analysis 

that addresses Presidential Executive 

Order 12866, the Regulatory Flexibility 

Act (RFA), and the statutory 

requirements of the Magnuson-Stevens 

Act (the Analysis), may be obtained 

from https://www.regulations.gov and 

the NMFS West Coast Region website at 

https://www.fisheries.noaa.gov/region/ 

west-coast. 

FOR FURTHER INFORMATION CONTACT: 

Megan Mackey, 206–526–6140, 

megan.mackey@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Pacific Coast groundfish fishery in the 

U.S. exclusive economic zone (EEZ) 

seaward of Washington, Oregon, and 

California is managed under the 

Groundfish FMP. The Council 

developed the Groundfish FMP 

pursuant to the Magnuson-Stevens Act, 

16 U.S.C. 1801 et seq. The Secretary of 

Commerce approved the Groundfish 

FMP and implemented the provisions of 

the plan at 50 CFR part 660, subparts C 

through G. Species managed under the 

Groundfish FMP include more than 90 

species of groundfish, flatfish, rockfish, 

sharks, and skates. 

This proposed rule (also referred to 

interchangeably as ‘‘this proposed 

action’’) would implement regulations 

for amendment 34 to the Groundfish 

FMP. Consistent with MagnusonStevens Act section 303(c)(1), the 

Council deemed the proposed 

regulations consistent with and 

necessary to implement amendment 34 

in an October 1, 2024 letter from 

Council Chairman, Merrick Burden, to 

Regional Administrator, Jennifer Quan. 

The Notice of Availability for 

amendment 34 that published on 

October 9, 2024 (89 FR 81878) describes 

the details of the Groundfish FMP 

changes established through this 

proposed action. NMFS is concurrently 

seeking comment on the Council’s 

proposed measures in amendment 34. 

Background 

The Council met over 2023 and 2024 

to consider developing fisheries 

closures for deep-sea coral restoration 

and research in response to a request 

from the ONMS. ONMS conducts 

scientific research in National Marine 

Sanctuaries, including within MBNMS, 

under the NMSA and the MagnusonStevens Act. 

In September 2023, ONMS presented 

a scoping paper that posed 5 locations 

with 10 sites within Greater Farallones 

National Marine Sanctuary and 

MBNMS, for deep seas coral restoration 

and research (section 1.2 of the 

Analysis). At that meeting, the Council 

chose to continue to scope closures in 

MBNMS only, at the locations of An ̃ o 

Nuevo and Ascension Canyons (two 

sites) and Sur Ridge (one site), for areas 

to conduct coral research and 

restoration. The Council proposed that 

these areas could be closed to bottom 

contact gears as GEAs. GEAs were 

established by amendment 32 to the 

Groundfish FMP (88 FR 83830, 

December 1, 2023) and are a 

management tool intended to mitigate 

the impacts to sensitive environments 

from certain groundfish fishing activity. 

At the March 2024 meeting, the 

Council adopted a range of alternatives 

for this proposed action that included 

modified versions of the An ̃ o Nuevo and 

Ascension Canyon sites to address 

concerns raised by the public regarding 

closing off key fishing grounds 

shallower than 400 fathoms (fm) and 

enforcement concerns (section 1.2 of the 

Analysis). The Council also confirmed 

that the potential sites would only be 

proposed to be closed to commercial 

groundfish bottom contact gears and 

that no other gear types or fisheries 

would be proposed in the closures. 

At the June 2024 meeting, the Council 

adopted its final preferred alternative to 

develop a GEA for commercial 

groundfish bottom contact gear at Sur 

Ridge in MBNMS. If the GEA is 

established, it is expected that ONMS 

would begin deep-sea coral outplanting 

at Sur Ridge in 2025. 

The proposed GEA at Sur Ridge 

would apply to commercial groundfish 

vessels using bottom contact gear. 

Currently, the GEA area is within a 


khammond on DSKJM1Z7X2PROD with PROPOSALS