[Federal Register: March 14, 2003 (Volume 68, Number 50)]
[Proposed Rules]
[Page 12336-12337]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr03-17]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI26
Endangered and Threatened Wildlife and Plants; Critical Habitat
Designation for Four Vernal Pool Crustaceans and Eleven Vernal Pool
Plants in California and Southern Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period for the proposed rule and economic
analysis to designate critical habitat pursuant to the Endangered
Species Act of 1973, as amended (Act), for four vernal pool crustaceans
and eleven vernal pool plants in 36 counties in California and one
county in Oregon. We are reopening the comment period for the proposed
rule and the draft economic analysis to allow interested parties
additional time to submit comments and information to us for our
consideration in making the final determination of critical habitat for
the 15 vernal pool species. Comments previously submitted need not be
resubmitted as they will be incorporated into the public record as part
of this re-opening of the comment period, and will be fully considered
in the final rule.
DATES: We will accept comments on the proposed critical habitat
designation and the economic analysis until March 28, 2003.
ADDRESSES: Written comments and information should be submitted to
Wayne White, Field Supervisor, Sacramento Fish and Wildlife Office,
U.S. Fish and Wildlife Service, 2800 Cottage, Room W-2605, Sacramento,
CA 95825. Written comments may also be sent by fax to 916/414-6710 or
hand-delivered to our Sacramento Fish and Wildlife Office at the above
address. You may also send comments by electronic mail (e-mail) to
fw1--vernalpool@fws.gov.
You may view comments and materials received , as well as
supporting documentation used in the preparation of this proposed rule,
by appointment, during normal business hours in the U.S. Fish and
Wildlife Service's Sacramento Fish and Wildlife Office at the above
address. You may obtain copies of the proposed rule and the draft
economic analysis from the above address, by calling (916) 414-6600, or
from our Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://sacramento.fws.gov/.
FOR FURTHER INFORMATION CONTACT: Arnold Roessler or Susan Moore, at the
Sacramento Fish and Wildlife Office address above (telephone (916) 414-
6600; facsimile (916) 414-6710).
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2002, we published a proposed rule to designate
critical habitat, pursuant to the Endangered Species Act of 1973, as
amended (Act), for four vernal pool crustaceans and eleven vernal pool
plants (67 FR 59884). The four vernal pool crustaceans involved in this
critical habitat designation are the Conservancy fairy shrimp
(Branchinecta conservatio), longhorn fairy shrimp (Branchinecta
longiantenna), vernal pool fairy shrimp (Branchinecta lynchi) and
vernal pool tadpole shrimp (Lepidurus packardi). The eleven vernal pool
plant species are Butte County meadowfoam (Limnanthes floccosa ssp.
californica), Contra Costa goldfields (Lasthenia conjugens), Hoover's
spurge (Chamaesyce hooveri), succulent (or fleshy) owl's-clover
(Castilleja campestris ssp. succulenta), Colusa grass (Neostapfia
colusana), Greene's tuctoria (Tuctoria greenei), hairy Orcutt grass
(Orcuttia pilosa), Sacramento Orcutt grass (Orcuttia viscida), San
Joaquin Valley Orcutt grass (Orcuttia inaequalis), slender Orcutt grass
(Orcuttia tenuis), and Solano grass (Tuctoria mucronata). We proposed a
total of 128 units of critical habitat for these 15 species, totaling
approximately 672,920 hectares (ha) (1,662,762 acres (ac)) in 36
counties in California and one county in Oregon. All the species listed
above live in vernal pools (shallow depressions that hold water
seasonally), swales (shallow drainages that carry water seasonally),
and ephemeral freshwater habitats. None are known to occur in riverine
waters, marine waters, or other permanent bodies of water. The vernal
pool habitats of these species have a discontinuous distribution west
of the Sierra Nevada that extends from southern Oregon through
California into northern Baja California, Mexico. The species have all
adapted to the generally mild climate and seasonal periods of
inundation and drying which help make the vernal pool ecosystems of
California and southern Oregon unique. Critical habitat receives
protection from destruction or adverse modification through required
consultation under section 7 of the Act with regards to actions carried
out, funded, or authorized by a Federal agency. Section 4(b)(2) of the
Act requires that the Secretary of the Interior shall designate or
revise critical habitat based upon the best scientific and commercial
data available, after taking into consideration the economic impact of
specifying any particular area as critical habitat.
The public comment period for the September 24, 2002, proposal
originally closed on November 25, 2002, and was extended by the
November 21, 2002, notice of availability of the draft economic
analysis to close on December 23, 2002. The draft economic analysis
estimates the foreseeable economic impacts of the critical habitat
designation on government agencies and private businesses and
individuals. The Service will not make any final decisions about
exclusions based on economic impact, until it has obtained public
comment on the economic analysis and produced an addendum to the
economic analysis containing its final conclusions. The Service is
interested in comments from the public on the economic analysis, on
whether any of the areas identified in the economic analysis as having
economic effects should be excluded for economic reasons, and whether
those or any other areas should be excluded for other reasons.
For further information regarding background biological information
on the 15 vernal pool species, please refer to our proposed rule
published in the Federal Register on September 24, 2002, (67 FR 59884).
Public Comments Solicited
We solicit additional information and comments that may assist us
in making a final decision on the proposed rule to designate critical
habitat for the four vernal pool crustaceans and eleven vernal pool
plants. We intend that any final action resulting from our proposal
will be as accurate and effective as possible. Therefore, we are
reopening the comment period to solicit additional information from the
general public, other concerned governmental agencies, the scientific
community, industry, or any other interested party concerning this
proposed rule. We particularly seek comments concerning:
[[Page 12337]]
(1) The reasons why any habitat should or should not be determined
to be critical habitat as provided by section 4 of the Act, including
whether the benefits of designation will outweigh any threats to the
species due to designation and whether areas under consideration
require additional special management;
(2) Specific information on the amount and distribution of any of
the vernal pool crustaceans or vernal pool plants and what habitat is
essential to the conservation of these species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
in particular, in Oregon, we seek information related to potential of
selected parcels to contribute to the species recovery, considering
their zoning, adjacent land uses, watershed integrity, and potential
for edge effects (related to shape of parcel);
(4) Any foreseeable economic or other impacts resulting from the
proposed designation of critical habitat, in particular, any impacts on
small entities or families;
(5) Economic and other values associated with designating critical
habitat for vernal pool crustaceans and vernal pool plants such as
those derived from non-consumptive uses (e.g., hiking, camping, bird-
watching, enhanced watershed protection, improved air quality,
increased soil retention, ``existence values,'' and reductions in
administrative costs);
(6) Whether any areas should be excluded pursuant to section
4(b)(2);
(7) 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; and
(8) Assumptions reflected in the economic analysis regarding land
use practices and current, planned, or reasonably foreseeable
activities in the subject areas, including comments or information
relating to the potential effects that the designation could have on
private landowners as a result of actual or foreseeable State and local
government responses due to the California Environmental Quality Act.
If you wish to comment on this proposed rule, you may submit your
comments and materials by any one of several methods (see ADDRESSES).
Please submit electronic mail comments as an ASCII file and avoid the
use of special characters and any form of encryption. Please also
include ``Attn: Vernal Pool Critical Habitat'' and your name and return
address in your electronic message. Please note that the electronic
address fw1--vernalpool@fws.gov will be closed out at the termination
of the public comment period. If you do not receive a confirmation from
the system that we have received your electronic message, contact us
directly by calling our Sacramento Fish and Wildlife Office at phone
number (916) 414-6600.
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 from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record 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 comment. 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 and materials
received will be made available for public inspection, by appointment,
during normal business hours at the above address.
The comment period, which originally closed on December 23, 2002
(67 FR 70202), will now close on the date specified above in the DATES
section.
Author
The primary author of this notice is Susan Moore, (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 7, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-6370 Filed 3-12-03; 4:45 pm]
BILLING CODE 4310-55-P