[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Proposed Rules]
[Page 18516-18518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI71 and 1018-AI72
Endangered and Threatened Wildlife and Plants; Notice of the
Availability of Draft Economic Analyses, and of a Public Hearing for
the Proposed Designations of Critical Habitat for the Coastal
California Gnatcatcher (Polioptila californica californica) and the San
Diego Fairy Shrimp (Branchinecta sandiegonensis)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rules; notice of availability of draft economic
analyses, reopening of public comment periods, and notice of public
hearings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the
availability of a draft economic analysis of the proposed designation
of critical habitat for the coastal California gnatcatcher (Polioptila
californica californica), the availability of a draft economic analysis
of the proposed critical habitat designation for the San Diego fairy
shrimp, and the reopening of the public comment periods on the proposed
rules to designate critical habitat for the coastal California
gnatcatcher and the San Diego fairy shrimp. The comment period will
provide the public, Federal, State, and local agencies, and Tribes with
an opportunity to submit written comments on these two proposals and
their respective draft economic analyses. Comments previously submitted
for these proposed rules need not be resubmitted as they have already
been incorporated into the public record and will be fully considered
in any final decision.
We are also announcing that public hearings will be held on both
proposed rules and their respective draft economic analyses.
DATES: The public comment period for these two proposed rules is now
reopened, and we will accept comments and information until 5 p.m. May
10, 2004. Any comments received after the closing date may not be
considered in the final decisions on these actions.
The public hearings will take place on April 29, 2004, from 1 p.m.
to 3 p.m. and from 6 p.m. to 8 p.m. in Carlsbad, California. Both
public hearings will address both proposed rules.
ADDRESSES: The public hearings will be held at the Carlsbad Fish and
Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California.
Written comments and materials may be submitted to us by any one of
the following methods:
1. You may submit written comments and information to the Field
Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road,
Carlsbad, CA 92009.
2. You may hand-deliver written comments and information to our
Carlsbad Fish and Wildlife Office at the above address, or fax your
comments to 760/431-9618.
Comments and materials received, as well as supporting
documentation used in preparation of the proposed critical habitat
rules for the coastal California gnatcatcher and San Diego fairy
shrimp, will be available for public inspection, by appointment, during
normal business hours at the above address. You may obtain copies of
the draft economic analyses for the coastal California gnatcatcher and
San Diego fairy shrimp by contacting the Carlsbad Fish and Wildlife
Office at the above address.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office, at the above address (telephone 760/431-9440;
facsimile 760/431-9618).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit comments or suggestions from the public, other concerned
governmental agencies, Tribes, the scientific community, industry, or
any other interested parties concerning our proposed designation of
critical habitat and/or the draft economic analysis of the proposed
designation of critical habitat for both the coastal California
gnatcatcher and San Diego fairy shrimp. With regard to the proposed
rules and draft economic analyses for the coastal California
gnatcatcher and San Diego fairy shrimp, we particularly seek comments
concerning:
(1) Specific information on the amount and distribution of the
gnatcatcher and its habitat, and which habitat is essential to the
conservation of this species and why; and
(2) Whether habitat currently preserved in various conservation
areas within the range of the coastal California gnatcatcher is
sufficient for the conservation of the species;
(3) The reasons why any habitat should or should not be determined
to be critical habitat for the coastal California gnatcatcher or the
San Diego fairy shrimp as provided by section 4 of the Act, including
whether the benefits of designation will outweigh any threats
[[Page 18517]]
to these species resulting from designation;
(4) Land use designations and current or planned activities in the
subject areas and their possible impacts on areas proposed as critical
habitat for these two species;
(5) Any foreseeable economic, national security, or other impacts
resulting from the proposed designation of critical habitat for the
coastal California gnatcatcher or San Diego fairy shrimp, in
particular, any impacts on small entities or families;
(6) Do both economic analyses adequately address the likely effects
and resulting costs arising from the California Environmental Quality
Act and other State laws as a result of the proposed critical habitat
designations;
(7) Whether both economic analyses make appropriate assumptions
regarding current practices and likely regulatory changes imposed as a
result of the designation of critical habitat for the coastal
California gnatcatcher and the San Diego fairy shrimp;
(8) Any economic or other impacts associated with designating
critical habitat on reserve, preserve, or other conservation lands
within the boundaries of approved habitat conservation plans (HCP) that
have been developed through cooperative, voluntary partnerships;
(9) The benefits of including or excluding military lands covered
by an Integrated Natural Resource Management Plan and Tribal lands,
NCCP lands, HCP lands, or any other lands covered by an adequate
management plan;
(10) Do the analyses adequately address the indirect effects, e.g.,
property tax losses due to reduced home construction, losses to local
business due to reduced construction activity;
(11) Whether the economic analyses appropriately identify land and
water use regulatory controls that could result from the proposed
critical habitat designations for these species;
(12) Do the analyses accurately define and capture opportunity
costs;
(13) Whether the economic analyses correctly assess the effect on
regional costs (e.g., housing costs) associated with land use controls
that could arise from the designation of critical habitat for these
species;
(14) Do the analyses adequately address the likelihood of ``stigma
effects'' and costs associated with the proposed designations;
(15) Whether the designation of critical habitat for either the
coastal California gnatcatcher or San Diego fairy shrimp will result in
disproportionate economic or other impacts to specific areas that
should be evaluated for possible exclusion from the final designations;
(16) The economic analyses should identify all costs related to the
designation of critical habitat for the coastal California gnatcatcher
and San Diego fairy shrimp. Those designations were intended to take
place at the time these species were listed. As a result, the
assumptions in the economic analyses should be consistent with the
Service's listing regulations. Do these analyses achieve that
consistency? And
(17) Whether our approach to critical habitat designation could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concern and comments.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
There also may be circumstances in which we would withhold a
respondent's identity, as allowable by law. If you wish us to withhold
your name and/or address, you must state this prominently at the
beginning of your comments. However, we will not consider anonymous
comments. To the extent consistent with applicable law, we will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Comments received will be available for public inspection, by
appointment, during normal business hours at the above address.
Background
On April 24, 2003, we published a proposed rule in the Federal
Register (68 FR 20228) to designate critical habitat for the coastal
California gnatcatcher on approximately 495,795 acres (ac) (200,595
hectares (ha)) of land in Ventura, Los Angeles, Orange, Riverside, San
Bernardino, and San Diego counties. The original comment period on the
coastal California gnatcatcher proposed critical habitat rule closed on
June 23, 2003.
We published a proposed rule in the April 22, 2003, edition of the
Federal Register (68 FR 19888) to designate critical habitat for the
San Diego fairy shrimp on approximately 6,098 ac (2,468 ha) of land in
Orange and San Diego counties. The original comment period on the San
Diego fairy shrimp proposed critical habitat rule also closed on June
23, 2003.
Critical habitat receives protection from destruction or adverse
modification through required consultation under section 7 of the
Endangered Species Act of 1973, as amended (Act), with regard to
actions carried out, funded, or authorized by a Federal agency. Section
4(b)(2) of the Act requires that we designate or revise critical
habitat on the basis of the best scientific and commercial data
available, after taking into consideration economic and any other
relevant impacts of specifying any particular area as critical habitat.
Based upon the April 24, 2003, proposed rule to designate critical
habitat for coastal California gnatcatcher, we have prepared a draft
economic analysis of the proposed critical habitat designation. The
economic analysis estimates that the proposed designation may result in
a potential economic cost, resulting from section 7 of the Act, of
approximately $915 million through the year 2025, with an estimated
annualized cost of $114 million. Unit 10 of the proposed designation
lies entirely within the proposed planning area of the Western
Riverside County MSHCP. Based on very large projected growth estimates
and other factors, the economic analysis suggests that approximately
$460 million of the total $915 million estimated costs through 2025
occur in this unit.
We have also prepared a draft economic analysis of the April 22,
2003, proposed rule to designate critical habitat for the San Diego
fairy shrimp. The draft analysis of this proposed designation estimates
that potential economic costs associated with section 7 of the Act
range up to $54.6 million over the next 20 years.
Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires
that a public hearing be held if it is requested within 45 days of the
publication of a proposed rule. In response to a request from the
Natural Resources Defense Council, and a separate request from Citizens
Against Recreational Eviction, we will conduct public hearings on the
date and at the address described in the DATES and ADDRESSES sections
above.
Anyone wishing to make an oral statement for the record is
encouraged to provide a written copy of their statement and present it
to us at the hearings. In the event there is a large attendance, the
time allotted for oral statements may be limited. Oral and written
statements receive equal consideration. There are no limits on the
length of written comments submitted to us. If you have any
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questions concerning the public hearings, please contact the Carlsbad
Fish and Wildlife Office (see ADDRESSES section). This notice is being
published in the Federal Register to provide the public and interested
parties with a minimum of 15 days notification about the public
hearings.
Persons needing reasonable accommodations in order to attend and
participate in the public hearings should contact Patti Carroll at 503/
231-2080 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the hearing
date. Information regarding this proposal is available in alternative
formats upon requests.
We are reopening the comment period to allow all interested parties
to comment simultaneously on the proposed rules for the coastal
California gnatcatcher and San Diego fairy shrimp, potential exclusions
and the draft economic analyses. The draft analyses are available by
contacting the Carlsbad Fish and Wildlife Office as identified in the
ADDRESSES section above.
References Cited
A complete list of all references cited herein, as well as others
used in the development of the proposed critical habitat designations
and the draft economic analyses of the proposed critical habitat
designations for the coastal California gnatcatcher and San Diego fairy
shrimp, are available upon request from the Carlsbad Fish and Wildlife
Office (see ADDRESSES section).
Author
The primary authors of this notice are the staff of the Carlsbad
Fish and Wildlife Office (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: March 30, 2004.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-7992 Filed 4-7-04; 8:45 am]
BILLING CODE 4310-55-P