Endangered and Threatened Wildlife and Plants: Proposed Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon, 65283 [E8-26155]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Proposed Rules]
[Page 65283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26155]



[[Page 65283]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

RIN 0648-AX04


Endangered and Threatened Wildlife and Plants: Proposed 
Rulemaking to Designate Critical Habitat for the Threatened Southern 
Distinct Population Segment of North American Green Sturgeon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Extension of public comment period on proposed rule.

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SUMMARY: This notice extends for 45 days the public comment period on a 
proposed rule to designate critical habitat for the threatened Southern 
Distinct Population Segment of North American green sturgeon, as 
published on September 8, 2008, and corrected on October 7, 2008.

DATES: The deadline for comments on the proposed rule will be extended 
from November 7, 2008, to December 22, 2008. Comments must be received 
by 5 p.m. Pacific standard time on December 22, 2008.

ADDRESSES: You may submit comments on the proposed rule, identified by 
RIN 0648-AX04, by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 1-562-980-4027, Attention: Melissa Neuman.
     Mail: Submit written comments to the Chief, Protected 
Resources Division, Southwest Region, National Marine Fisheries 
Service, 650 Capitol Mall, Sacramento, CA 95814-4706.
    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 (please enter N/A in the required fields if you wish 
to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, WordPerfect, or PDF file formats 
only.

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS, Southwest Region 
(562) 980-4115, or Lisa Manning, NMFS, Office of Protected Resources 
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    The Southern Distinct Population Segment of North American green 
sturgeon (Acipenser medirostris; hereafter, ``Southern DPS'') was 
listed as threatened under the Endangered Species Act (ESA) on April 7, 
2006 (71 FR 17757). A proposed rule to designate critical habitat for 
the Southern DPS of green sturgeon was published in the Federal 
Register on September 8, 2008 (73 FR 52084). On October 7, 2008, a 
notice was published in the Federal Register announcing a public 
workshop on October 16, 2008, and making a technical correction to the 
proposed rule concerning the map of proposed critical habitat for the 
Southern DPS in California (73 FR 58527). The areas proposed for 
designation include: coastal U.S. marine waters within 110 meters (m) 
depth from Monterey Bay, California (including Monterey Bay), north to 
Cape Flattery, Washington, including the Strait of Juan de Fuca, 
Washington, to its United States boundary; the Sacramento River, lower 
Feather River, and lower Yuba River in California; the Sacramento-San 
Joaquin Delta and Suisun, San Pablo, and San Francisco bays in 
California; the lower Columbia River estuary; and certain coastal bays 
and estuaries in California (Humboldt Bay), Oregon (Coos Bay, 
Winchester Bay, and Yaquina Bay), and Washington (Willapa Bay and Grays 
Harbor). The areas proposed for designation comprise approximately 325 
miles (524 km) of freshwater river habitat, 1,058 square miles (2,739 
sq km) of estuarine habitat, 11,927 square miles (30,890 sq km) of 
coastal marine habitat, and 136 square miles (352 sq km) of habitat 
within the Yolo and Sutter bypasses (Sacramento River, CA).
    Under section 7 of the ESA, Federal agencies are required to insure 
that any actions they carry out, authorize, or fund do not destroy or 
adversely modify designated critical habitat. A wide range of agency 
actions may be subject to the ESA section 7 consultation process 
including, but not limited to: the installation and operation of 
hydropower dams; the installation and operation of water diversions; 
in-water construction or alterations; dredging operations and disposal 
of dredge material; National Pollutant Discharge Elimination System 
permit activities and activities generating non-point source pollution 
(e.g., agricultural runoff); power plant operations; operations of 
liquefied natural gas projects; tidal or wave energy projects; 
discharges from desalination plants; commercial shipping (e.g., 
discharges, oil spills); aquaculture; bottom trawl fisheries; and 
habitat restoration activities.
    The deadline for comments on the proposed rule was November 7, 
2008. This extension of the comment period until December 22, 2008, is 
in response to requests made by the public. We solicit additional 
information and comments from the public concerning this proposed rule, 
including information and comments on the biological basis supporting 
the proposed rule; the benefits of the proposed critical habitat 
designation to the Southern DPS of green sturgeon; and the economic, 
national security, and other relevant impacts of the proposed 
designation.

    Dated: October 28, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-26155 Filed 10-31-08; 8:45 am]
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