Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Southwestern Willow Flycatcher, 21988-21991 [05-8488]
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21988
Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
In developing this proposal, we
evaluated those lands determined to be
essential to the conservation of the
Arkansas River Shiner to ascertain if
any specific areas would be appropriate
for exclusion from the final critical
habitat designation pursuant to section
4(b)(2) of the Act. On the basis of our
preliminary evaluation, we believe that
the benefits of excluding the Beaver/
North Canadian River of Oklahoma and
the Arkansas River in Arkansas, Kansas,
and Oklahoma, from the final critical
habitat for the Arkansas River Shiner
outweigh the benefits of their inclusion.
The public comment period for the
proposed rule was originally scheduled
to close on April 30, 2005.
On September 30, 2003, in a
complaint brought by the New Mexico
Cattle Growers Association and 16 other
plaintiffs, the U.S. District Court of New
Mexico instructed us to propose critical
habitat by September 30, 2004, and
publish a final rule by September 30,
2005. The proposed rule was signed on
September 30, 2004, and published in
the Federal Register on October 6, 2004
(69 FR 59859). Additional background
information is available in the October
6, 2004, proposed rule.
Critical habitat is defined in section 3
of the Act as the specific areas within
the geographic area occupied by a
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features essential to the conservation of
the species and that may require special
management considerations or
protection; and specific areas outside
the geographic area occupied by a
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species. If the proposed rule is made
final, section 7 of the Act will prohibit
destruction or adverse modification of
critical habitat by any activity funded,
authorized, or carried out by any
Federal agency. Federal agencies
proposing actions affecting areas
designated as critical habitat must
consult with us on the effects of their
proposed actions, pursuant to section
7(a)(2) of the Act.
Section 4 of the Act requires that we
consider economic and other relevant
impacts prior to making a final decision
on what areas to designate as critical
habitat. We are currently developing a
draft economic analysis and draft
environmental assessment for the
proposal to designate certain areas as
critical habitat for the Arkansas River
Shiner and will announce their
availability at a later date. We may
revise the proposal, or its supporting
documents, to incorporate or address
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15:58 Apr 27, 2005
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new information received during the
comment period. In particular, we may
exclude an area from critical habitat if
we determine that the benefits of
excluding the area outweigh the benefits
of including the area as critical habitat,
provided such exclusion will not result
in the extinction of the species.
Pursuant to 50 CFR 424.16(c)(2), we
may extend or reopen a comment period
upon finding that there is good cause to
do so. We are currently developing a
draft economic analysis and draft
environmental assessment for the
proposal and will announce the
availability of those documents and
solicit data and comments from the
public on these draft documents at a
later date. We will also announce
hearing dates concurrently with the
availability of the draft documents.
However, it is our intention to leave the
public comment period open and
uninterrupted until those documents are
available for public consideration and
comment. We believe that allowing the
comment period to close before the full
set of supporting draft analytical
documents is available could result in
hurried and incomplete comments on
our proposed rule and could also
unnecessarily frustrate respondents. We
deem these considerations as sufficient
cause to extend the comment period.
We are required by court order to
complete the final designation of critical
habitat for the Arkansas River Shiner by
September 30, 2005. To meet this date,
all comments on or proposed revisions
to the proposed rule need to be
submitted to us during the comment
period, as extended by this document
(see DATES).
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. If you wish us to withhold your
name or address, you must state this
request 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 and materials received, as
well as supporting documentation used
in preparation of the proposal to
designate critical habitat, will be
available for public inspection, by
appointment, during normal business
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hours at the Tulsa Ecological Services
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: April 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 05–8489 Filed 4–27–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018—AT88
Endangered and Threatened Wildlife
and Plants; Proposed Designation of
Critical Habitat for the Southwestern
Willow Flycatcher
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
availability of draft economic analysis
and draft environmental assessment,
and notice of public hearings.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of the draft economic
analysis and draft environmental
assessment for the proposal to designate
critical habitat for southwestern willow
flycatcher (Empidonax traillii extimus)
under the Endangered Species Act of
1973 (Act), as amended. The draft
economic analysis considers the
potential economic effects of efforts to
protect the southwestern willow
flycatcher and its habitat, collectively
referred to as ‘‘flycatcher conservation
activities.’’ In the case of habitat
conservation, these costs would reflect
the costs associated with the
commitment of resources to comply
with habitat protection measures. The
analysis also addresses how potential
economic impacts are likely to be
distributed and looks retrospectively at
costs that have been incurred since the
date the species was listed. The draft
economic analysis finds that over a 10year time period costs associated with
southwestern willow flycatcher
conservation activities are forecast to
range from $29.2 to $39.5 million per
year. Comments previously submitted
on the October 12, 2004, proposed rule
(69 FR 60706) and the extensions of
comment period published December
13, 2004 (69 FR 72161), or March 31,
2005 (70 FR 16474) need not be
resubmitted as they have been
E:\FR\FM\28APP1.SGM
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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
incorporated into the public record and
will be fully considered in preparation
of the final rule. We will hold eight
public informational sessions and
hearings (see DATES and ADDRESSES
sections).
DATES: Comments must be submitted
directly to the Service (see ADDRESSES
section) on or before May 31, 2005, or
at the public hearings.
We will hold public informational
sessions from 3:30 p.m. to 5 p.m.,
followed by a public hearing from 7
p.m. to 9 p.m., on the following dates:
1. May 2, 2005: Escondido, CA.
2. May 3, 2005: City of Chino, CA.
3. May 9, 2005: Las Vegas, NV.
4. May 10, 2005: Lake Isabella, CA.
5. May 16, 2005: Mesa, AZ.
6. May 17, 2005: Silver City, NM.
7. May 18, 2005: Albuquerque, NM.
8. May 19, 2005: Alamosa, CO.
ADDRESSES:
Meetings
The public informational sessions and
hearings will be held at the following
locations:
1. Escondido, CA: California Center
for the Arts, 340 N. Escondido Blvd.,
Escondido, CA 92025.
2. City of Chino, CA: El Prado Golf
Course, 6555 Pine Ave., Chino, CA
91710.
3. Las Vegas, NV: Cashman Center,
850 N. Las Vegas Blvd., Las Vegas, NV
89101.
4. Lake Isabella, CA: Lake Isabella
Senior Center, Room 1, 6405 Lake
Isabella Blvd., Lake Isabella, CA 93240.
5. Mesa, AZ: Mesa Community and
Conference Center, 263 N. Center St.,
Mesa, AZ 85211.
6. Silver City, NM: Western New
Mexico University, Global Resource
Room, 1000 W. College, 12th and E St.,
Silver City, NM 88061.
7. Albuquerque, NM: Indian Pueblo
Cultural Center, Special Events Center,
2401 12th St. NW., Albuquerque, NM
87104.
8. Alamosa, CO: Adams State
University, Student Union Bldg., Rooms
308 & 309, First and Stadium Dr.,
Alamosa, CO 81102.
Persons needing reasonable
accommodations in order to attend and
participate in the public hearing should
contact Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office
at the phone number and address below
as soon as possible. In order to allow
sufficient time to process requests,
please call no later than 1 week before
the hearing. Information regarding this
proposal is available in alternative
formats upon requests.
If you wish to comment on the
proposed rule, draft economic analysis,
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15:58 Apr 27, 2005
Jkt 205001
or draft environmental assessment, you
may submit your comments and
materials by any one of several methods:
1. You may submit written comments
and information by mail or handdelivery to the Steve Spangle, Field
Supervisor, Arizona Ecological Services
Field Office, 2321 W. Royal Palm Road,
Suite 103, Phoenix, Arizona 85021.
2. Written comments may be sent by
facsimile to (602) 242–2513.
3. You may send your comments by
electronic mail (e-mail) to
WIFLcomments@fws.gov. For directions
on how to submit electronic filing of
comments, see the ‘‘Public Comments
Solicited’’ section below.
You may obtain copies of the draft
economic analysis and draft
environmental assessment by mail or by
visiting our Web site at https://
arizonaes.fws.gov/SWWF_PCH_Oct.htm.
You may review comments and
materials received, and review
supporting documentation used in
preparation of this proposed rule by
appointment, during normal business
hours, at the above address.
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office
(telephone 602–242–0210, facsimile
602–242–2513) or by electronic mail at
steve_spangle@fws.gov.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action
resulting from this proposal will be as
accurate and as effective as possible.
Therefore, we solicit comments or
suggestions from the public, other
concerned governmental agencies, the
scientific community, industry, or any
other interested party concerning the
proposed rule, the draft economic
analysis, and the draft environmental
assessment. On the basis of public
comment, during the development of
our final determination, we may find
that areas proposed are not essential, are
appropriate for exclusion under section
4(b)(2) of the Act, or not appropriate for
exclusion. We particularly seek
comments concerning:
(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 resulting from
designation;
(2) Specific information on the
distribution of the southwestern willow
flycatcher, the amount and distribution
of the species’ habitat, and which
habitat is essential to the conservation
of the species, and why;
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21989
(3) Land-use designations and current
or planned activities in the subject area
and their possible impacts on the
species or proposed critical habitat;
(4) Whether our approach to listing or
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 concerns and
comments;
(5) Any foreseeable economic,
environmental, or other impacts
resulting from the proposed designation
of critical habitat or coextensively from
the proposed listing, and in particular,
any impacts on small entities or
families;
(6) Whether the economic analysis
identifies all State and local costs. If not,
what other costs should be included;
(7) Whether the economic analysis
makes appropriate assumptions
regarding current practices and likely
regulatory changes imposed as a result
of the listing of the species or the
designation of critical habitat;
(8) Whether the economic analysis
correctly assesses the effect on regional
costs associated with land- and wateruse controls that derive from the
designation;
(9) Whether the designation will
result in disproportionate economic
impacts to specific areas that should be
evaluated for possible exclusion from
the final designation; and
(10) Whether the economic analysis
appropriately identifies all costs that
could result from the designation or
coextensively from the listing.
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 addresses from
the rulemaking record, which we will
honor to the extent allowable by law.
There also may be circumstances in
which 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. 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 available for public inspection, by
appointment, during normal business
hours at the above address.
E:\FR\FM\28APP1.SGM
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21990
Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
If you wish to comment, you may
submit your comments and materials
concerning this proposal by any one of
several methods (see ADDRESSES
section). Please submit electronic
comments in ASCII file format and
avoid the use of special characters or
any form of encryption. Please also
include your name and return address
in the body of your message. If you do
not receive a confirmation from the
system that we have received your
Internet message, contact us directly by
calling our Arizona Ecological Services
Field Office at (602) 242–0210.
Background
We proposed to designate for the
southwestern willow flycatcher 376,095
acres (ac) (152,124 hectares (ha))
[including approximately 1,556 stream
miles (2,508 stream kilometers)] of
critical habitat, which includes various
stream segments and their associated
riparian areas, not exceeding the 100year floodplain or flood prone area, on
Federal, State, Tribal, and private lands
in southern California, southern
Nevada, southwestern Utah, southcentral Colorado, Arizona, and New
Mexico. The proposed rule was
published in the Federal Register (69
FR 60706) on October 12, 2004,
pursuant to a court order.
On September 30, 2003, in response
to a complaint brought by the Center for
Biological Diversity, the U.S. District
Court of New Mexico ordered us to
propose critical habitat on or by
September 30, 2004, and complete a
final designation by September 30,
2005. Additional background
information is available in the October
12, 2004, proposal to designate critical
habitat.
Critical habitat identifies specific
areas that are essential to the
conservation of a listed species and that
may require special management
considerations or protection. If the
proposed rule is made final, section 7 of
the Act will prohibit adverse
modification of critical habitat by any
activity funded, authorized, or carried
out by any Federal agency. Federal
agencies proposing actions affecting
areas designated as critical habitat must
consult with us on the effects of their
proposed actions, pursuant to section
7(a)(2) of the Act.
Section 4 of the Act requires that we
consider economic and other relevant
impacts prior to making a final decision
on what areas to designate as critical
habitat. We are announcing the
availability of a draft economic analysis
and draft environmental assessment for
the proposal to designate certain areas
as critical habitat for the southwestern
willow flycatcher. We may revise the
proposal, or its supporting documents,
to incorporate or address new
Start
latitude
River
(5) Santa Ynez Management Unit:
Santa Ynez River .....................................................
(6) Santa Ana Management Unit:
Bear Creak ...............................................................
Mill Creek ..................................................................
Oak Glen Creek ........................................................
San Timoteo Wash ...................................................
Santa Ana River .......................................................
Waterman Creek ......................................................
Wilson Creek ............................................................
Yucaipa Creek ..........................................................
(7) San Diego Management Unit:
Christianitos Creek ...................................................
San Mateo Creek .....................................................
San Onofre Creek ....................................................
(8) San Diego Management Unit:
Deluz Creek ..............................................................
Las Flores Creek ......................................................
Las Pulgas Creek .....................................................
Pilgrim Creek ............................................................
San Luis Rey River ..................................................
Santa Margarita River ..............................................
Temecula Creek .......................................................
(9) San Diego/Salton Management Units:
Agua Hedionda Creek ..............................................
Agua Hedionda Lagoon ............................................
Cuyamaca Reservoir ................................................
San Dieguito River ...................................................
San Felipe Creek ......................................................
Santa Ysabel River ...................................................
Temescal Creek .......................................................
(10) San Diego Management Unit:
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PO 00000
Frm 00008
information received during the
comment period. In particular, we may
exclude an area from critical habitat if
we determine that the benefits of
excluding the area outweigh the benefits
of including the area as critical habitat,
provided such exclusion will not result
in the extinction of the species.
Mapping Corrections for Proposed
Units of Critical Habitat in Southern
California and for the West Fork of the
Little Colorado River
Following the publication of the
proposed rule on October 12, 2004, we
discovered that the coordinates for river
reaches in Riverside, Orange, and San
Diego Counties, California, were not
correctly projected, causing a shift in
the proposed critical habitat polygons of
approximately 262 feet (ft) (80 meters
(m)) to the west. We have since
corrected the data projections to
accurately reflect what we are
considering for designation or exclusion
from proposed critical habitat, and we
provide the corrected start- and endpoint coordinates below. Corrected
Geographic Information System layers
will be available at https://
crithab.fws.gov. The figures provided for
the total amount of critical habitat being
proposed [376,095 acres (ac) (152,124
hectares (ha)) [including approximately
1,556 stream miles (mi) (2,508 stream
kilometers (km)] remain accurate.
Start
longitude
End
latitude
End
longitude
34.5972867
–120.1744120
34.6596711
–120.4394929
34.1609651
34.0766521
34.0386250
34.0044045
34.1513001
34.2169729
34.0102690
34.0102933
–117.0151013
–116.8443877
–117.0646375
–117.1657189
–116.7350693
–117.2909403
–117.1074706
–117.1075071
34.2422080
34.0911038
34.0483423
34.0696468
33.9673435
34.1863475
34.0386049
34.0044047
–116.9772861
–117.1189177
–116.9394664
–117.4534886
–117.4534886
–117.2721230
–117.0646183
–117.1656724
33.4202297
33.4193065
33.3947622
–117.5711573
–117.5369622
–117.5253484
33.4702954
33.3859065
33.3810809
–117.5643999
–117.5935937
–117.5783356
33.3631634
33.3386714
33.3612114
33.2412419
33.2026115
33.4331091
33.4982324
–117.3233833
–117.4116194
–117.3905836
–117.3359159
–117.3901467
–117.1976515
–116.9773975
33.4283909
33.2917863
33.3386355
33.3115680
33.2408111
33.2326142
33.3637228
–117.3215173
–117.4657736
–117.4115600
–117.2982166
–116.7646876
–117.4168773
–116.7592014
33.1568123
33.1396776
32.9897875
32.9771651
33.1455161
33.1184844
33.2308371
–117.2241974
–117.3150857
–116.5871030
–117.2515713
–116.5448283
–116.7865468
–116.8251816
33.1394463
33.1426464
32.9922459
33.0907715
33.1848207
33.0909411
33.1203200
–117.3150591
–117.3411351
–116.5626160
–116.9646098
–116.6238274
–116.9646660
–116.8528263
Fmt 4702
Sfmt 4702
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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Proposed Rules
Start
latitude
River
San Diego River .......................................................
(11) Owens Management Unit:
Owens River .............................................................
(12) Kern Management Unit:
Kern River—South Fork ...........................................
(13) Mohave Management Unit:
Deep Creek ..............................................................
Holcomb Creek .........................................................
Mojave River .............................................................
In our proposed rule we inaccurately
mapped the extent of essential habitat
on the West Fork of the Little Colorado
River in Arizona. We are correcting that
error by adding a Service Road 113
(longitude ¥109.507567, latitude
33.959677) to a new endpoint
VerDate jul<14>2003
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Jkt 205001
Start
longitude
–116.8112102
32.8281759
–117.0527358
37.5877424
–118.6992268
37.1354380
–118.2419417
35.7176912
–118.1808882
35.6629518
–118.3705422
34.2871220
34.2870519
34.4701947
–117.1269778
–117.1270054
–117.2546695
34.3404079
34.3049219
34.5838662
–117.2457049
–116.9646522
–117.3374023
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Frm 00009
End
longitude
32.8847273
approximately 170 ft (51.8 m) east of the
Mt. Baldy Wilderness boundary
(longitude ¥109.516209, latitude
33.958302).
PO 00000
End
latitude
21991
Fmt 4702
Sfmt 4702
Dated: April 20, 2005.
David P. Smith,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 05–8488 Filed 4–25–05; 1:06 pm]
BILLING CODE 4310–55–P
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]]>Agencies
[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Proposed Rules]
[Pages 21988-21991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8488]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018--AT88
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Southwestern Willow Flycatcher
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of availability of draft economic
analysis and draft environmental assessment, and notice of public
hearings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft economic analysis and draft environmental
assessment for the proposal to designate critical habitat for
southwestern willow flycatcher (Empidonax traillii extimus) under the
Endangered Species Act of 1973 (Act), as amended. The draft economic
analysis considers the potential economic effects of efforts to protect
the southwestern willow flycatcher and its habitat, collectively
referred to as ``flycatcher conservation activities.'' In the case of
habitat conservation, these costs would reflect the costs associated
with the commitment of resources to comply with habitat protection
measures. The analysis also addresses how potential economic impacts
are likely to be distributed and looks retrospectively at costs that
have been incurred since the date the species was listed. The draft
economic analysis finds that over a 10-year time period costs
associated with southwestern willow flycatcher conservation activities
are forecast to range from $29.2 to $39.5 million per year. Comments
previously submitted on the October 12, 2004, proposed rule (69 FR
60706) and the extensions of comment period published December 13, 2004
(69 FR 72161), or March 31, 2005 (70 FR 16474) need not be resubmitted
as they have been
[[Page 21989]]
incorporated into the public record and will be fully considered in
preparation of the final rule. We will hold eight public informational
sessions and hearings (see DATES and ADDRESSES sections).
DATES: Comments must be submitted directly to the Service (see
ADDRESSES section) on or before May 31, 2005, or at the public
hearings.
We will hold public informational sessions from 3:30 p.m. to 5
p.m., followed by a public hearing from 7 p.m. to 9 p.m., on the
following dates:
1. May 2, 2005: Escondido, CA.
2. May 3, 2005: City of Chino, CA.
3. May 9, 2005: Las Vegas, NV.
4. May 10, 2005: Lake Isabella, CA.
5. May 16, 2005: Mesa, AZ.
6. May 17, 2005: Silver City, NM.
7. May 18, 2005: Albuquerque, NM.
8. May 19, 2005: Alamosa, CO.
ADDRESSES:
Meetings
The public informational sessions and hearings will be held at the
following locations:
1. Escondido, CA: California Center for the Arts, 340 N. Escondido
Blvd., Escondido, CA 92025.
2. City of Chino, CA: El Prado Golf Course, 6555 Pine Ave., Chino,
CA 91710.
3. Las Vegas, NV: Cashman Center, 850 N. Las Vegas Blvd., Las
Vegas, NV 89101.
4. Lake Isabella, CA: Lake Isabella Senior Center, Room 1, 6405
Lake Isabella Blvd., Lake Isabella, CA 93240.
5. Mesa, AZ: Mesa Community and Conference Center, 263 N. Center
St., Mesa, AZ 85211.
6. Silver City, NM: Western New Mexico University, Global Resource
Room, 1000 W. College, 12th and E St., Silver City, NM 88061.
7. Albuquerque, NM: Indian Pueblo Cultural Center, Special Events
Center, 2401 12th St. NW., Albuquerque, NM 87104.
8. Alamosa, CO: Adams State University, Student Union Bldg., Rooms
308 & 309, First and Stadium Dr., Alamosa, CO 81102.
Persons needing reasonable accommodations in order to attend and
participate in the public hearing should contact Steve Spangle, Field
Supervisor, Arizona Ecological Services Field Office at the phone
number and address below as soon as possible. In order to allow
sufficient time to process requests, please call no later than 1 week
before the hearing. Information regarding this proposal is available in
alternative formats upon requests.
If you wish to comment on the proposed rule, draft economic
analysis, or draft environmental assessment, you may submit your
comments and materials by any one of several methods:
1. You may submit written comments and information by mail or hand-
delivery to the Steve Spangle, Field Supervisor, Arizona Ecological
Services Field Office, 2321 W. Royal Palm Road, Suite 103, Phoenix,
Arizona 85021.
2. Written comments may be sent by facsimile to (602) 242-2513.
3. You may send your comments by electronic mail (e-mail) to
WIFLcomments@fws.gov. For directions on how to submit electronic filing
of comments, see the ``Public Comments Solicited'' section below.
You may obtain copies of the draft economic analysis and draft
environmental assessment by mail or by visiting our Web site at https://
arizonaes.fws.gov/SWWF_PCH_Oct.htm. You may review comments and
materials received, and review supporting documentation used in
preparation of this proposed rule by appointment, during normal
business hours, at the above address.
FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office (telephone 602-242-0210,
facsimile 602-242-2513) or by electronic mail at steve_
spangle@fws.gov.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning the proposed rule, the draft economic analysis, and
the draft environmental assessment. On the basis of public comment,
during the development of our final determination, we may find that
areas proposed are not essential, are appropriate for exclusion under
section 4(b)(2) of the Act, or not appropriate for exclusion. We
particularly seek comments concerning:
(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 resulting from designation;
(2) Specific information on the distribution of the southwestern
willow flycatcher, the amount and distribution of the species' habitat,
and which habitat is essential to the conservation of the species, and
why;
(3) Land-use designations and current or planned activities in the
subject area and their possible impacts on the species or proposed
critical habitat;
(4) Whether our approach to listing or 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 concerns and comments;
(5) Any foreseeable economic, environmental, or other impacts
resulting from the proposed designation of critical habitat or
coextensively from the proposed listing, and in particular, any impacts
on small entities or families;
(6) Whether the economic analysis identifies all State and local
costs. If not, what other costs should be included;
(7) Whether the economic analysis makes appropriate assumptions
regarding current practices and likely regulatory changes imposed as a
result of the listing of the species or the designation of critical
habitat;
(8) Whether the economic analysis correctly assesses the effect on
regional costs associated with land- and water-use controls that derive
from the designation;
(9) Whether the designation will result in disproportionate
economic impacts to specific areas that should be evaluated for
possible exclusion from the final designation; and
(10) Whether the economic analysis appropriately identifies all
costs that could result from the designation or coextensively from the
listing.
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 addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
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. 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 available for public
inspection, by appointment, during normal business hours at the above
address.
[[Page 21990]]
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods (see ADDRESSES
section). Please submit electronic comments in ASCII file format and
avoid the use of special characters or any form of encryption. Please
also include your name and return address in the body of your message.
If you do not receive a confirmation from the system that we have
received your Internet message, contact us directly by calling our
Arizona Ecological Services Field Office at (602) 242-0210.
Background
We proposed to designate for the southwestern willow flycatcher
376,095 acres (ac) (152,124 hectares (ha)) [including approximately
1,556 stream miles (2,508 stream kilometers)] of critical habitat,
which includes various stream segments and their associated riparian
areas, not exceeding the 100-year floodplain or flood prone area, on
Federal, State, Tribal, and private lands in southern California,
southern Nevada, southwestern Utah, south-central Colorado, Arizona,
and New Mexico. The proposed rule was published in the Federal Register
(69 FR 60706) on October 12, 2004, pursuant to a court order.
On September 30, 2003, in response to a complaint brought by the
Center for Biological Diversity, the U.S. District Court of New Mexico
ordered us to propose critical habitat on or by September 30, 2004, and
complete a final designation by September 30, 2005. Additional
background information is available in the October 12, 2004, proposal
to designate critical habitat.
Critical habitat identifies specific areas that are essential to
the conservation of a listed species and that may require special
management considerations or protection. If the proposed rule is made
final, section 7 of the Act will prohibit adverse modification of
critical habitat by any activity funded, authorized, or carried out by
any Federal agency. Federal agencies proposing actions affecting areas
designated as critical habitat must consult with us on the effects of
their proposed actions, pursuant to section 7(a)(2) of the Act.
Section 4 of the Act requires that we consider economic and other
relevant impacts prior to making a final decision on what areas to
designate as critical habitat. We are announcing the availability of a
draft economic analysis and draft environmental assessment for the
proposal to designate certain areas as critical habitat for the
southwestern willow flycatcher. We may revise the proposal, or its
supporting documents, to incorporate or address new information
received during the comment period. In particular, we may exclude an
area from critical habitat if we determine that the benefits of
excluding the area outweigh the benefits of including the area as
critical habitat, provided such exclusion will not result in the
extinction of the species.
Mapping Corrections for Proposed Units of Critical Habitat in Southern
California and for the West Fork of the Little Colorado River
Following the publication of the proposed rule on October 12, 2004,
we discovered that the coordinates for river reaches in Riverside,
Orange, and San Diego Counties, California, were not correctly
projected, causing a shift in the proposed critical habitat polygons of
approximately 262 feet (ft) (80 meters (m)) to the west. We have since
corrected the data projections to accurately reflect what we are
considering for designation or exclusion from proposed critical
habitat, and we provide the corrected start- and end-point coordinates
below. Corrected Geographic Information System layers will be available
at https://crithab.fws.gov. The figures provided for the total amount of
critical habitat being proposed [376,095 acres (ac) (152,124 hectares
(ha)) [including approximately 1,556 stream miles (mi) (2,508 stream
kilometers (km)] remain accurate.
----------------------------------------------------------------------------------------------------------------
River Start latitude Start longitude End latitude End longitude
----------------------------------------------------------------------------------------------------------------
(5) Santa Ynez Management Unit:
Santa Ynez River............ 34.5972867 -120.1744120 34.6596711 -120.4394929
(6) Santa Ana Management Unit:
Bear Creak.................. 34.1609651 -117.0151013 34.2422080 -116.9772861
Mill Creek.................. 34.0766521 -116.8443877 34.0911038 -117.1189177
Oak Glen Creek.............. 34.0386250 -117.0646375 34.0483423 -116.9394664
San Timoteo Wash............ 34.0044045 -117.1657189 34.0696468 -117.4534886
Santa Ana River............. 34.1513001 -116.7350693 33.9673435 -117.4534886
Waterman Creek.............. 34.2169729 -117.2909403 34.1863475 -117.2721230
Wilson Creek................ 34.0102690 -117.1074706 34.0386049 -117.0646183
Yucaipa Creek............... 34.0102933 -117.1075071 34.0044047 -117.1656724
(7) San Diego Management Unit:
Christianitos Creek......... 33.4202297 -117.5711573 33.4702954 -117.5643999
San Mateo Creek............. 33.4193065 -117.5369622 33.3859065 -117.5935937
San Onofre Creek............ 33.3947622 -117.5253484 33.3810809 -117.5783356
(8) San Diego Management Unit:
Deluz Creek................. 33.3631634 -117.3233833 33.4283909 -117.3215173
Las Flores Creek............ 33.3386714 -117.4116194 33.2917863 -117.4657736
Las Pulgas Creek............ 33.3612114 -117.3905836 33.3386355 -117.4115600
Pilgrim Creek............... 33.2412419 -117.3359159 33.3115680 -117.2982166
San Luis Rey River.......... 33.2026115 -117.3901467 33.2408111 -116.7646876
Santa Margarita River....... 33.4331091 -117.1976515 33.2326142 -117.4168773
Temecula Creek.............. 33.4982324 -116.9773975 33.3637228 -116.7592014
(9) San Diego/Salton Management
Units:
Agua Hedionda Creek......... 33.1568123 -117.2241974 33.1394463 -117.3150591
Agua Hedionda Lagoon........ 33.1396776 -117.3150857 33.1426464 -117.3411351
Cuyamaca Reservoir.......... 32.9897875 -116.5871030 32.9922459 -116.5626160
San Dieguito River.......... 32.9771651 -117.2515713 33.0907715 -116.9646098
San Felipe Creek............ 33.1455161 -116.5448283 33.1848207 -116.6238274
Santa Ysabel River.......... 33.1184844 -116.7865468 33.0909411 -116.9646660
Temescal Creek.............. 33.2308371 -116.8251816 33.1203200 -116.8528263
(10) San Diego Management Unit:
[[Page 21991]]
San Diego River............. 32.8847273 -116.8112102 32.8281759 -117.0527358
(11) Owens Management Unit:
Owens River................. 37.5877424 -118.6992268 37.1354380 -118.2419417
(12) Kern Management Unit:
Kern River--South Fork...... 35.7176912 -118.1808882 35.6629518 -118.3705422
(13) Mohave Management Unit:
Deep Creek.................. 34.2871220 -117.1269778 34.3404079 -117.2457049
Holcomb Creek............... 34.2870519 -117.1270054 34.3049219 -116.9646522
Mojave River................ 34.4701947 -117.2546695 34.5838662 -117.3374023
----------------------------------------------------------------------------------------------------------------
In our proposed rule we inaccurately mapped the extent of essential
habitat on the West Fork of the Little Colorado River in Arizona. We
are correcting that error by adding a Service Road 113 (longitude -
109.507567, latitude 33.959677) to a new endpoint approximately 170 ft
(51.8 m) east of the Mt. Baldy Wilderness boundary (longitude -
109.516209, latitude 33.958302).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: April 20, 2005.
David P. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8488 Filed 4-25-05; 1:06 pm]
BILLING CODE 4310-55-P
