Endangered and Threatened Species; Critical Habitat for Threatened Elkhorn and Staghorn Corals, 12068-12069 [08-973]
Download as PDF
<![CDATA[
12068
Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
Archipelago of Alaska, British
Columbia, Washington, and Oregon to
northern Monterey Bay in central
California. Birds winter throughout the
breeding range and also occur in small
numbers off southern California.
Marbled murrelets spend most of their
lives in the marine environment where
they forage in near-shore areas and
consume a diversity of prey species
including small fish and invertebrates.
In their terrestrial environment, the
presence of platforms used for nesting is
the most important characteristic of the
species nesting habitat. Marbled
murrelet habitat use is positively
associated with the presence and
abundance of mature and old-growth
forests, large core areas of old-growth,
low amounts of edge and fragmentation,
proximity to the marine environment,
and increasing forest age and height.
The marbled murrelet was listed as
threatened under the Act on October 1,
1992, (57 FR 45328), and critical habitat
was designated on May 24, 1996 (61 FR
26256). On September 12, 2006, we
proposed to revise the currently
designated critical habitat for the
marbled murrelet in Washington,
Oregon, and California. In that proposed
revision, we proposed to designate
3,590,642 acres (ac) (1,363,300 hectares
(ha)) as critical habitat, and to exclude
3,368,950 ac (1,363,300 ha) of these
lands under section 4(b)(2) of the Act
from the final designation (71 FR
53838). On June 26, 2007, we published
a notice in the Federal Register
reopening the comment period and
announcing the availability of a draft
economic analysis on the proposed
revision (72 FR 35025). The comment
period was once again reopened with
the publication of a notice in the
Federal Register on September 5, 2007,
(72 FR 50929).
Finding
This notice presents our finding
pursuant to section 4(b)(6)(A)(i)(II) of
the Act that a final regulation to
implement the proposed revision to
murrelet critical habitat should not be
made at this time. The basis for this
finding is described below.
rfrederick on PROD1PC67 with PROPOSALS
Background
The Bureau of Land Management
(BLM) is currently completing its
Western Oregon Plan Revision (WOPR),
which will result in revised Resource
Management Plans for the Salem,
Eugene, Coos Bay, Roseburg, and
VerDate Aug<31>2005
16:22 Mar 05, 2008
Jkt 214001
Medford Districts, and the Klamath
Falls Resource Area of the Lakeview
District Office. We are continuing to
work cooperatively with the BLM as
they develop their final management
plan revisions. We recognize that the
revised management plans will have
significant effects on future
conservation of the species. Due to
uncertainties regarding these plan
revisions in western Oregon, we have
determined that it is not appropriate to
revise the designation of critical habitat
for the marbled murrelet at this time.
We will continue to consider whether
revisions of critical habitat for the
marbled murrelet may be appropriate at
some future point. Accordingly, the May
24, 1996, final rule designating critical
habitat for the marbled murrelet remains
in effect (61 FR 26256).
On April 8, 2002, the American Forest
Resource Council (AFRC) filed a lawsuit
in the case of AFRC et al. v. Secretary
of the Interior, Civ. No. 02–06087 AA
(D. OR) challenging the marbled
murrelet critical habitat designation that
was made on May 24, 1996 (61 FR
26256). The Service entered into a
settlement agreement to review the
critical habitat designation and make
any revisions it deemed appropriate,
after a revised consideration of
economic and any other relevant
impacts of designation. Pursuant to the
settlement agreement, the Service
published a proposed revision to critical
habitat for the marbled murrelet on
September 12, 2006 (71 FR 53838),
which included minor adjustments to
the original designation and proposed
several exclusions under section 4(b)(2)
of the Act. The Service also developed
an economic analysis that was
consistent with New Mexico Cattle
Growers Association v. USFWS, 248
F.3d 1277 (10th Cir. 2001), but because
of the reasons discussed above, the
Service will not be relying on this
analysis to finalize critical habitat at this
time. The above actions and the
publication of this Federal Register
notice complete the Service’s
obligations under the settlement
agreement.
In summary, due to the uncertainty
regarding the effects of current BLM
Resource Management Plan revisions,
we find that it is not appropriate to
revise critical habitat at this time, and
therefore that the proposed revision of
critical habitat for the marbled murrelet
should not be made. Accordingly, the
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
May 24, 1996, final rule designating
critical habitat for the marbled murrelet
remains in effect (61 FR 26256).
Author(s)
The authors of this document are the
staff of the Pacific Regional Office, U.S.
Fish and Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. E8–4318 Filed 3–5–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 226
RIN 0648-AV35
Endangered and Threatened Species;
Critical Habitat for Threatened Elkhorn
and Staghorn Corals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; correction.
AGENCY:
SUMMARY: This document corrects a map
in the regulatory language of a proposed
rule published in the Federal Register
of February 6, 2008. This correction
makes the map of the Florida area of
critical habitat for elkhorn and staghorn
corals consistent with the textual
description.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moore or Sarah Heberling at
727–824–5312; or Marta Nammack at
301–713–1401.
SUPPLEMENTARY INFORMATION:
Correction
In proposed rule FR Doc. 08 497,
beginning on page 6895 in the issue of
February 6, 2008, make the following
correction, in the Regulatory Language
section. On page 6912, replace the map
labeled ‘‘Critical Habitat for Elkhorn and
Staghorn Corals, Area 1: Florida’’ with
the following map:
E:\FR\FM\06MRP1.SGM
06MRP1
Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
Dated: February 29, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 08–973 Filed 3–5–08; 8:45 am]
BILLING CODE 3510–22–C
VerDate Aug<31>2005
16:22 Mar 05, 2008
Jkt 214001
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
E:\FR\FM\06MRP1.SGM
06MRP1
EP06mr08.003</GPH>
rfrederick on PROD1PC67 with PROPOSALS
BILLING CODE 3510–22–S
12069
]]>Agencies
[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Proposed Rules]
[Pages 12068-12069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-973]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
RIN 0648-AV35
Endangered and Threatened Species; Critical Habitat for
Threatened Elkhorn and Staghorn Corals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects a map in the regulatory language of a
proposed rule published in the Federal Register of February 6, 2008.
This correction makes the map of the Florida area of critical habitat
for elkhorn and staghorn corals consistent with the textual
description.
FOR FURTHER INFORMATION CONTACT: Jennifer Moore or Sarah Heberling at
727-824-5312; or Marta Nammack at 301-713-1401.
SUPPLEMENTARY INFORMATION:
Correction
In proposed rule FR Doc. 08 497, beginning on page 6895 in the
issue of February 6, 2008, make the following correction, in the
Regulatory Language section. On page 6912, replace the map labeled
``Critical Habitat for Elkhorn and Staghorn Corals, Area 1: Florida''
with the following map:
[[Page 12069]]
[GRAPHIC] [TIFF OMITTED] TP06MR08.003
BILLING CODE 3510-22-S
Dated: February 29, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 08-973 Filed 3-5-08; 8:45 am]
BILLING CODE 3510-22-C
