[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Proposed Rules]
[Page 8487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe03-13]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI45
Endangered and Threatened Wildlife and Plants; Threatened Status
and Special Regulation for the Mountain Plover
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: On December 5, 2002, we, the Fish and Wildlife Service
(Service), published a notice of new information and reopened the
comment period to propose listing the mountain plover as a threatened
species (67 FR 72396), under authority of the Endangered Species Act of
1973, as amended (Act). We hereby give notice that the comment period
is reopened until March 21, 2003.
DATES: The comment period on the proposed listing rule is reopened
until March 21, 2003.
ADDRESSES: Written comments and materials should be sent to the
Assistant Field Supervisor, U.S. Fish and Wildlife Service, 764 Horizon
Drive, Building B, Grand Junction, Colorado 81506-3946. You may send
electronic mail (e-mail) comments to fw6--mountainplover@fws.gov. You
also may obtain a copy of the 1999 proposed rule to list the mountain
plover (64 FR 7587) and other pertinent documents from this office, or
access them at our Web site at http://www.r6.fws.gov/mtnplover/. We
will make comments and materials we receive available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Robert Leachman at the above address;
telephone: 970-243-2778; facsimile: 970-245-6933; or e-mail: robert--
leachman@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 16, 1999, we published a proposed rule to list the
mountain plover as a threatened species (64 FR 7587). Higher priority
listing actions precluded listing work on the mountain plover during
Fiscal Years 2000 and 2001. On October 16, 2001, Earthjustice
(representing the Biodiversity Legal Foundation, Biodiversity
Associates, and Center for Native Ecosystems) submitted a 60-day notice
of intent to sue to the Secretary of the Department of the Interior and
the Fish and Wildlife Service Regional Director for failure to meet
listing deadlines for the mountain plover, as required by section
4(b)(6)(A) of the Act. We responded by publishing a notice of new
information and reopening the comment period on the listing proposal on
December 5, 2002 (67 FR 72396). The comment period closed on February
3, 2003.
Section 4(b)(5)(E) of the Act requires that public hearings
regarding proposals for listing be held promptly when requested by the
public within 45 days of the proposal's publication in the Federal
Register. We received public hearing requests and requests to extend
the comment period during the allotted time period from California
Congressman Bob Filner, the Oklahoma Farm Bureau, the Kansas Farm
Bureau, and Holland and Hart LLP, representing the Petroleum
Association of Wyoming. Following discussions with each of these
parties, each agreed that informational meetings rather than formal
hearings would be acceptable. Therefore, we scheduled, advertised, and
conducted informational meetings in El Centro, California, and Elkhart,
Kansas. We are also reopening the comment period in response to these
requests. Comments already submitted in response to the December 5,
2002, rulemaking document need not be resubmitted and will be fully
considered in our decisionmaking on this proposed rule.
Author
The author of this notice is Robert Leachman (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: February 11, 2003.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 03-4152 Filed 2-20-03; 8:45 am]
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