Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout (Salvelinus confluentus); Clarification, 32732 [05-11166]

Download as PDF 32732 Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Rules and Regulations of the National Forest System who are not required to obtain a Forest Service special use authorization, contract, or other written authorization; (vi) Operations which will not involve the use of mechanized earthmoving equipment, such as bulldozers or backhoes, or the cutting of trees, unless those operations otherwise might cause a significant disturbance of surface resources; or (vii) Operations for which a proposed plan of operations is submitted for approval; (2) The District Ranger will, within 15 days of receipt of a notice of intent to operate, notify the operator if approval of a plan of operations is required before the operations may begin. (3) An operator shall submit a proposed plan of operations to the District Ranger having jurisdiction over the area in which operations will be conducted in lieu of a notice of intent to operate if the proposed operations will likely cause a significant disturbance of surface resources. An operator also shall submit a proposed plan of operations, or a proposed supplemental plan of operations consistent with § 228.4(d), to the District Ranger having jurisdiction over the area in which operations are being conducted if those operations are causing a significant disturbance of surface resources but are not covered by a current approved plan of operations. The requirement to submit a plan of operations shall not apply to the operations listed in paragraphs (a)(1)(i) through (v). The requirement to submit a plan of operations also shall not apply to operations which will not involve the use of mechanized earthmoving equipment, such as bulldozers or backhoes, or the cutting of trees, unless those operations otherwise will likely cause a significant disturbance of surface resources. (4) If the District Ranger determines that any operation is causing or will likely cause significant disturbance of surface resources, the District Ranger shall notify the operator that the operator must submit a proposed plan of operations for approval and that the operations can not be conducted until a plan of operations is approved. * * * * * VerDate jul<14>2003 18:06 Jun 03, 2005 Jkt 205001 Dated: May 31, 2005. David P. Tenny, Deputy Under Secretary, NRE. [FR Doc. 05–11138 Filed 6–3–05; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AU31 Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout (Salvelinus confluentus); Clarification Fish and Wildlife Service, Interior. ACTION: Final rule; opening of comment period; clarification. AGENCY: SUMMARY: We are publishing additional information pertaining to a recent Federal Register document that opened a comment period on a proposed and final rule to designate critical habitat for the Klamath River and Columbia River populations of bull trout. This information provides clarification to that document. We hope that this additional information will benefit the public in understanding our actions in regard to the bull trout critical habitat designation. We will accept public comments on the proposed and final rules until June 24, 2005. ADDRESSES: Please see our May 25, 2005, Federal Register document (70 FR 29998) for information regarding how and where to submit comments. FOR FURTHER INFORMATION CONTACT: John Young, 503–231–6194. SUPPLEMENTARY INFORMATION: DATES: Background We published a document in the May 25, 2005, Federal Register (70 FR 29998) that announced the opening of a public comment period on the proposed and final designations of critical habitat for the Klamath River and Columbia PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 River populations of bull trout. The proposed rule published on November 29, 2002, at 67 FR 71236, and the final rule published on October 6, 2004, at 69 FR 59996. The following information provides clarification to the May 25, 2005, document. On April 28, 2005, the government filed a motion for voluntary remand. If the court grants this motion, the October 6, 2004, final critical habitat designation will be remanded to the Service for a new decision. The voluntary remand would have the effect of reinstating the November 29, 2002, proposed rule. In a declaration supporting the motion for voluntary remand, the Service informed the court that in mid-May the Service would reopen the comment period on the November 29, 2002, proposed rule and seek comment on the exclusions made in the October 6, 2004, final rule. Further, the Service indicated that the culmination of the administrative process initiated with the opening of the comment period would be conditional upon the court’s ruling. In other words, the Service will only be making a new final determination on the November 2002 proposed rule to the extent that this is consistent with the court’s ruling on the government’s motion. Subsequently, we published the May 25, 2005, document that announced the opening of a public comment period. Should the court deny the government’s motion, the Service will still collect and analyze all comments received as a result of the May 25, 2005, notice for use in any future rulemaking regarding bull trout critical habitat, and comply with any court order issued. The Service published the notice reopening the comment period before the court ruled on the government’s motion to ensure that a new final determination could be made as quickly as possible. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: May 31, 2005. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 05–11166 Filed 6–3–05; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Rules and Regulations]
[Page 32732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11166]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU31


Endangered and Threatened Wildlife and Plants; Opening of the 
Comment Period for the Proposed and Final Designation of Critical 
Habitat for the Klamath River and Columbia River Populations of Bull 
Trout (Salvelinus confluentus); Clarification

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; opening of comment period; clarification.

-----------------------------------------------------------------------

SUMMARY: We are publishing additional information pertaining to a 
recent Federal Register document that opened a comment period on a 
proposed and final rule to designate critical habitat for the Klamath 
River and Columbia River populations of bull trout. This information 
provides clarification to that document. We hope that this additional 
information will benefit the public in understanding our actions in 
regard to the bull trout critical habitat designation.

DATES: We will accept public comments on the proposed and final rules 
until June 24, 2005.

ADDRESSES: Please see our May 25, 2005, Federal Register document (70 
FR 29998) for information regarding how and where to submit comments.

FOR FURTHER INFORMATION CONTACT: John Young, 503-231-6194.

SUPPLEMENTARY INFORMATION:

Background

    We published a document in the May 25, 2005, Federal Register (70 
FR 29998) that announced the opening of a public comment period on the 
proposed and final designations of critical habitat for the Klamath 
River and Columbia River populations of bull trout. The proposed rule 
published on November 29, 2002, at 67 FR 71236, and the final rule 
published on October 6, 2004, at 69 FR 59996. The following information 
provides clarification to the May 25, 2005, document.
    On April 28, 2005, the government filed a motion for voluntary 
remand. If the court grants this motion, the October 6, 2004, final 
critical habitat designation will be remanded to the Service for a new 
decision. The voluntary remand would have the effect of reinstating the 
November 29, 2002, proposed rule. In a declaration supporting the 
motion for voluntary remand, the Service informed the court that in 
mid-May the Service would reopen the comment period on the November 29, 
2002, proposed rule and seek comment on the exclusions made in the 
October 6, 2004, final rule. Further, the Service indicated that the 
culmination of the administrative process initiated with the opening of 
the comment period would be conditional upon the court's ruling. In 
other words, the Service will only be making a new final determination 
on the November 2002 proposed rule to the extent that this is 
consistent with the court's ruling on the government's motion.
    Subsequently, we published the May 25, 2005, document that 
announced the opening of a public comment period. Should the court deny 
the government's motion, the Service will still collect and analyze all 
comments received as a result of the May 25, 2005, notice for use in 
any future rulemaking regarding bull trout critical habitat, and comply 
with any court order issued. The Service published the notice reopening 
the comment period before the court ruled on the government's motion to 
ensure that a new final determination could be made as quickly as 
possible.

Authority

    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    Dated: May 31, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-11166 Filed 6-3-05; 8:45 am]
BILLING CODE 4310-55-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.