[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Proposed Rules]
[Page 70284-70286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-19]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AV07; 1018-AV04
Endangered and Threatened Wildlife and Plants; Designations of
Critical Habitat for the San Bernardino Kangaroo Rat (Dipodomys
merriami parvus), Poa atropurpurea (San Bernardino bluegrass), and
Taraxacum californicum (California taraxacum)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of 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
reopening of the public comment period and the scheduling of public
hearings on the proposed rule to revise critical habitat for the San
Bernardino kangaroo rat (Dipodomys merriami parvus), and on the
proposed rule to designate critical habitat for Poa atropurpurea (San
Bernardino bluegrass) and Taraxacum californicum (California taraxacum)
under the Endangered Species Act of 1973, as amended (Act). The
reopened comment periods will provide the public; Federal, State, and
local agencies; and Tribes with an additional opportunity to submit
written comments on these proposed rules. Comments previously submitted
for the proposed critical habitat designations for the San Bernardino
kangaroo rat, P. atropurpurea, or T. californicum need not be
resubmitted as they have already been incorporated into the public
record and will be fully considered in any final decisions.
DATES: Written Comments: We will accept comments and information until
January 25, 2008, or at the public hearing. Any comments received after
the closing date may not be considered in the final decisions on the
designations of critical habitat.
Public Hearings: The public hearings will take place on January 10,
2008, from 1 p.m. to 3 p.m. and from 6 p.m. to 8 p.m. in San
Bernardino, California.
ADDRESSES: Written Comments: You may submit comments by one of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AV07 or 1018-AV04; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222, Arlington, VA 22203.
We will not accept e-mail or faxes. We will accept written comments
at the public hearing. We will post all comments on http://www.regulations.gov.
This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
Public Hearings: The public hearings will be held at the Clarion
Hotel and Convention Center, 295 North E Street, San Bernardino, CA
92401.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011;
telephone 760-431-9440; facsimile 760-431-9624. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final actions resulting from these proposals
will be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions on these proposed rules from the public, other
concerned governmental agencies, Tribes, the scientific community,
industry, or any other interested parties concerning the proposed
rules. We particularly seek comments on the proposed revised critical
habitat designation for the San Bernardino kangaroo rat, and the
proposed critical habitat designations for Poa atropurpurea and
Taraxacum californicum concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether the benefit of designation is outweighed by
the threats to each species caused by their respective designations
such that the designation of critical habitat is prudent;
(2) Specific information on:
The amount and distribution of habitat for each species;
What areas that were occupied at the time of listing and
that contain the features essential for the conservation of the species
should be included in their respective designations and why; and
What areas not occupied at the time of listing are
essential to the conservation of each species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat
for each species;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed revised designation for the San
Bernardino kangaroo rat, and proposed critical habitat for Poa
atropurpurea and Taraxacum californicum and, in particular, any impacts
on small entities, and the benefits of including or excluding areas
that exhibit these impacts; and
(5) Whether our approach to designating critical habitat could be
improved or modified in any way as to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
In addition, we seek the following specific comments on the
proposed revised designation of critical habitat for the San Bernardino
kangaroo rat:
(1a) Specific information on dispersal areas important for habitat
connectivity, their role in the conservation and recovery of the
subspecies, and reasons why such areas should or should not be included
in the critical habitat designation;
(2a) Our proposed exclusions totaling 2,544 acres (ac) (1,029
hectares (ha)) of San Bernardino kangaroo rat habitat and whether the
benefits of excluding these areas would outweigh the benefits of their
inclusion under section 4(b)(2) of the Act. If the Secretary determines
that the benefits of including these lands are not outweighed by the
benefits of excluding them, they will not be excluded from final
critical habitat;
(3a) Any proposed critical habitat areas covered by existing or
proposed conservation or management plans that
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we should consider for exclusion from the final designation under
section 4(b)(2) of the Act. We specifically request information on any
operative or draft habitat conservation plans for the San Bernardino
kangaroo rat that have been prepared under section 10(a)(1)(B) of the
Act, as well as any other management or conservation plan or agreement
that benefits the kangaroo rat or its primary constituent elements; and
(4a) Specific information regarding the current status of plan
implementation for the following management plans: the Woolly-Star
Preserve Area Management Plans; the Former Norton Air Force Base
Conservation Management Plan; the Cajon Creek Habitat Conservation
Management Area, Habitat Enhancement and Management Plan; and Western
Riverside Multiple Species Conservation Plan.
We also seek the following specific comments on the proposed
critical habitat designations for Poa atropurpurea and Taraxacum
californicum:
(1b) Any proposed critical habitat areas covered by conservation or
management plans that we should consider for exclusion from the
designation under section 4(b)(2) of the Act. We specifically request
information on any operative or draft habitat conservation plans that
include Poa atropurpurea or Taraxacum californicum as covered species
that have been prepared under section 10(a)(1)(B) of the Act, or any
other management or other conservation plan or agreement that benefits
either plant or its primary constituent elements; and
(2b) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
You may submit your comments and materials concerning the proposed
rules by one of the methods listed in the ADDRESSES section. We will
not accept comments you send by e-mail or fax. We will accept written
comments at the public hearing. Please note that we may not consider
comments we receive after the date specified in the DATES section in
our final determination.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that we will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rules, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, CA 92011; telephone 760-431-9440; facsimile 760-431-
9624.
Comments and information submitted during the initial comment
periods on the proposed rules need not be resubmitted as they will be
incorporated into the public records as part of those comment periods
and will be fully considered in preparation of the final rules.
Background
On June 19, 2007, we published a proposed rule in the Federal
Register (72 FR 33808) to revise critical habitat for the San
Bernardino kangaroo rat. Currently, 33,295 ac (13,485 ha) are
designated as critical habitat for the San Bernardino kangaroo rat in
San Bernardino and Riverside counties, California. Under the proposal,
approximately 9,079 ac (3,674 ha) of land located in San Bernardino and
Riverside counties, California, would fall within the boundaries of the
revised critical habitat designation. Further, of the 9,079 ac (3,674
ha) of revised critical habitat, we are proposing to exclude 2,544 ac
(1,029 ha) of land from the revised final designation under section
4(b)(2) of the Act (see the Exclusions Under Section 4(b)(2) of the Act
section of the June 19, 2007, revised proposed rule [72 FR 33808] for a
detailed discussion of this proposed exclusion).
On August 7, 2007, we published a proposed rule in the Federal
Register (72 FR 44232) to designate critical habitat for Poa
atropurpurea and Taraxacum californicum. We propose approximately 3,014
ac (1,221 ha) of land in San Bernardino and San Diego Counties,
California, as critical habitat for P. atropurpurea, and approximately
1,930 ac (782 ha) of land in San Bernardino County, California, as
critical habitat for T. californicum.
Economic analyses identifying estimated impacts associated with the
proposed critical habitat designations for the San Bernardino kangaroo
rat, Poa atropurpurea, and Taraxacum californicum are still in
development. When these analyses are completed, we will provide a
separate notice informing the public of their availability and
providing an opportunity for public comment.
Critical habitat is defined in section 3 of the Act as:
(i) The specific areas within the geographical area occupied by the
species, at the time of listing in accordance with the Act, on which
are found those physical or biological features (1) essential to the
conservation of the species and (2) which may require special
management considerations or protection; and
(ii) Specific areas outside the geographical area occupied by the
species at the time of listing if the Secretary determines that those
areas are essential for the conservation of the species.
For each species, if the proposed critical habitat designation is
finalized, section 7(a)(2) of the Act would require that Federal
agencies ensure that actions they fund, authorize, or carry out are not
likely to jeopardize the continued existence of the species or result
in the destruction or adverse modification of critical habitat.
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, national
security, and any other relevant impacts of specifying any particular
area as critical habitat.
Public Hearings
Section 4(b)(5)(E) of the Act requires a public hearing be held if
any person requests it within 45 days of the publication of a proposed
rule. In response to requests from the public, the Service will conduct
public hearings for these two critical habitat proposals on the date
and at the address and times identified in the DATES and ADDRESSES
sections above.
Persons wishing to make an oral statement for the record are
encouraged to provide a written copy of their statement and present it
to us at the hearing. 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 questions
concerning the public hearing, please contact the Carlsbad Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Persons needing reasonable accommodations in order to attend and
participate in the public hearings should contact Dixie Ward, Carlsbad
Fish and Wildlife Office, at 760-431-9440 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 notice is
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available in alternative formats upon request.
Author
The author of this document is the staff of the Carlsbad Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: November 27, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-23842 Filed 12-10-07; 8:45 am]
BILLING CODE 4310-55-P