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), 70284-70286 [E7-23842]
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70284
Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
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(vi) Note: Map of subunit 4c for
Helianthus paradoxus (Pecos sunflower)
critical habitat follows:
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(viii) Note: Map of subunit 4d for
Helianthus paradoxus (Pecos sunflower)
critical habitat follows:
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(x) Note: Map of subunit 4e for
Helianthus paradoxus (Pecos sunflower)
critical habitat follows:
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(ii) Note: Map of unit 5 for Helianthus
paradoxus (Pecos sunflower) critical
habitat follows:
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Dated: November 30, 2007.
Mitchell Butler,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 07–5973 Filed 12–10–07; 8:45 am]
BILLING CODE 4310–55–C
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)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
reopening of public comment periods,
and notice of public hearings.
pwalker on PROD1PC71 with PROPOSALS
AGENCY:
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
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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: https://
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 https://
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
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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
E:\FR\FM\11DEP1.SGM
11DEP1
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Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
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 https://
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.
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16:55 Dec 10, 2007
Jkt 214001
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rules,
will be available for public inspection
on https://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:
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70285
(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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Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 300, 600 and 697
[Docket No. 070717337–7338–01]
RIN 0648–AV78
General Provisions for Domestic
Fisheries; Specifications for Boarding
Ladders
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
pwalker on PROD1PC71 with PROPOSALS
AGENCY:
SUMMARY: NMFS proposes regulations to
require domestic fishing vessel
operators to provide a U.S. Coast Guardapproved pilot ladder as a safer and
more enforceable means for authorized
personnel to board certain domestic
fishing vessels in carrying out their
duties under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the
Atlantic Tunas Convention Act, and
other applicable fisheries laws and
treaties. This action is necessary to
provide for the safety of personnel
boarding domestic fishing vessels, as
current standards have proven to be
inadequate. The proposed regulations
would establish a safer and more
enforceable national standard for
ladders used by authorized officers for
boarding domestic fishing vessels
subject to Federal regulation.
DATES: Comments must be received at
the following address by January 10,
2008.
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16:55 Dec 10, 2007
Jkt 214001
You may submit comments,
identified by ‘‘RIN 0648–AV78,’’ by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 301–713–1175, Attn: William D.
Chappell.
• Mail: Alan Risenhoover, Director,
Office of Sustainable Fisheries, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910. Please mark the outside of the
envelope ‘‘Comments on Boarding
Ladder Rule.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of the Initial Regulatory
Flexibility Analysis/Regulatory Impact
Review (IRFA/RIR) may be obtained
from the same address.
FOR FURTHER INFORMATION CONTACT:
William D. Chappell, 301–713–2337.
SUPPLEMENTARY INFORMATION:
The Magnuson-Stevens Act
established U.S. jurisdiction over the
fishery resources in the exclusive
economic zone (EEZ). NMFS is
responsible for implementation of the
Magnuson-Stevens Act and the Fishery
Management Plans (FMPs) prepared by
eight Regional Fishery Management
Councils (Councils) and for the FMP
governing Atlantic Highly Migratory
Species. While each Council prepares
FMPs for those fishery resources within
the Council’s area of authority that
require conservation, NMFS implements
certain requirements common to all
fisheries, such as facilitation of
enforcement. Associated regulations are
codified at 50 CFR parts 600 through
697.
These general regulations to facilitate
enforcement also apply to U.S. fishing
vessels fishing under the requirements
of other fisheries laws and treaties. For
example, they apply to fishing activities
subject to the Atlantic Coastal Fisheries
Cooperative Management Act
regulations at 50 CFR part 697. In
addition, there are several international
fisheries regimes in which U.S. fishing
ADDRESSES:
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Fmt 4702
Sfmt 4702
vessels participate, such as the Atlantic
fisheries under conservation and
management measures adopted by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and implemented domestically by the
Atlantic Tunas Convention Act and
regulations at 50 CFR part 635. U.S.
fishing vessels are regulated on the high
seas and under other international
fishing regimes, including the High Seas
Fishing Compliance Act of 1995, the
Tuna Conventions Act of 1950, the
South Pacific Tuna Act of 1988, the
North Pacific Halibut Act of 1982, the
Pacific Salmon Treaty Act of 1985, the
Antarctic Marine Living Resources
Convention Act of 1984, and a number
of international treaties, including the
1972 Treaty Between the Government of
the United States of America and the
Government of the Republic of
Columbia Concerning the Status of
Quita Sueno, Roncador and Serrana,
and the 1981 Treaty Between the
Government of the United States of
America and the Government of Canada
on Pacific Coast Albacore Tuna Vessels
and Port Privileges as amended in 2002.
Current regulations at § 600.730(c)(3)
require a fishing vessel to ‘‘provide a
safe ladder’’ to be used for boarding
purposes by authorized personnel
including authorized officers (e.g., Coast
Guard personnel, and Enforcement
Agents), observers, and scientists
enforcing regulations and documenting
fishing effort at sea. However, a ‘‘safe
boarding ladder’’ is not defined in
regulations for domestic fishing vessels.
This has led to fishing vessel operators
providing a variety of ladders for
boarding.
Safety is compromised when
authorized personnel use ladders that
are inadequate. Within the last few
years, several boarding officers fell into
the water when the ladders provided for
boarding failed or when they were
inadequate to allow the boarding officer
to maintain a grip on the ladder. This is
a highly dangerous situation. Colliding
with the fishing vessel, the small boat
delivering the boarding party, and even
the ladder itself can injure or kill a
falling person or one in the water. In
addition, especially in Alaskan and
Northwestern Atlantic waters, cold
water temperature can cause shock and
the quick onset of hypothermia, which
quickly becomes life threatening.
Although boarding parties wear
flotation gear, the threat of drowning
through unconsciousness or
entanglement in a ladder or other gear
from the vessel are concerns.
Some vessels have provided ladders
wholly unsuited to boarding a vessel at
sea, such as swimming pool ladders,
E:\FR\FM\11DEP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Proposed Rules]
[Pages 70284-70286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23842]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 https://
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
[[Page 70285]]
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 https://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 https://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
[[Page 70286]]
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
