Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Marbled Murrelet, 6852-6853 [E9-2921]

Download as PDF 6852 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Proposed Rules manner provided in 28 U.S.C. 1781– 1784. (f) Service. (1) The party requesting issuance of a subpoena shall arrange for service. (2) A subpoena may be served by a United States marshal or deputy marshal, or by any other person who is not a party and not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by personally delivering a copy to that person and tendering the fees for one day’s attendance and the mileage provided by 28 U.S.C. 1821 or other applicable law. (3) The party at whose instance a subpoena is issued shall be responsible for the payment of fees and mileage of the witness and of the officer who serves the subpoena. The failure to make payment of such charges on demand may be deemed by the Board as a sufficient ground for striking the testimony of the witness and the evidence the witness has produced. (g) Contumacy or refusal to obey a subpoena. In case of contumacy or refusal to obey a subpoena by a person who resides, is found, or transacts business within the jurisdiction of a U.S. District Court, the Board will apply to the Court through the Attorney General of the United States for an order requiring the person to appear before the Board or a member thereof to give testimony or produce evidence or both. Any failure of any such person to obey the order of the Court may be punished by the Court as a contempt thereof. § 955.36 Effective Dates and Applicability. These revised rules govern proceedings in all cases docketed by the Board on or after a date determined by the Board. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. E9–2843 Filed 2–10–09; 8:45 am] BILLING CODE 7710–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 dwashington3 on PROD1PC60 with PROPOSALS [FWS–R1–ES–2008–0079; 92210–1117– 0000] RIN 1018–AW18 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Marbled Murrelet AGENCY: Fish and Wildlife Service, Interior. VerDate Nov<24>2008 13:29 Feb 10, 2009 Jkt 217001 ACTION: Proposed rule; reopening of public comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for submitting comments on our July 31, 2008 proposed revised designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus marmoratus) under the Endangered Species Act of 1973, as amended (Act). The reopened comment period will provide all interested parties with an additional opportunity to submit written comments on the proposed rule. Comments previously submitted for the proposed revised critical habitat designation need not be resubmitted; they have already been incorporated into the public record and will be fully considered in any final decisions. DATES: We will accept comments from all interested parties until March 13, 2009. Any comments received after the closing date may not be considered in the final decision on the revised designation of critical habitat. ADDRESSES: 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: FWS–R1– ES–2008–0079; 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 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). FOR FURTHER INFORMATION CONTACT: Ken Berg, Field Supervisor, Western Washington Fish and Wildlife Office, 510 Desmond Drive, SE, Suite 102, Lacey, WA 98503–1273, telephone (360) 753–9440, facsimile (360) 753–9008; Paul Henson, Field Supervisor, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266, telephone (503) 231–6179, facsimile (503) 231–6195; or Michael Long, Field Supervisor, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521, telephone (707) 822–7201, facsimile (707) 822–8411. 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 action resulting from the proposed rule will be PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 as accurate and as effective as possible. Therefore, we request comments or suggestions on the proposed revised designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus marmoratus). We particularly seek comments concerning: (1) The reasons why we should or should not revise currently designated critical habitat for the marbled murrelet by removing 254,070 ac (102,820 ha) from the 1996 designation, based on new information that is the best available information indicating that these areas do not meet the definition of critical habitat; (2) Specific information on the amount and distribution of marbled murrelet habitat; (3) Any foreseeable economic, national security, or other potential impacts resulting from the proposed critical habitat revision, and in particular, any impacts on small entities; (4) Our proposal to revise 50 CFR 17.11 to adopt the taxonomic clarification for the marbled murrelet to reflect the change from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus; and (5) Whether we could improve or modify our approach to revising critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments. You may submit your comments and materials concerning the proposed revised designation of critical habitat for the marbled murrelet by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing the proposed revised designation of critical habitat for the marbled murrelet, 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, Western Washington Fish and E:\FR\FM\11FEP1.SGM 11FEP1 Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 / Proposed Rules Wildlife Office (see FOR FURTHER INFORMATION CONTACT). DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Background On May 24, 1996, we designated 3,887,800 acres (ac) (1,573,340 hectares (ha)) as critical habitat for the marbled murrelet in Washington, Oregon, and California. On July 31, 2008, we published a proposed rule in the Federal Register (73 FR 44678) to revise critical habitat for the marbled murrelet. Under the proposed revised designation of critical habitat, we would remove approximately 254,070 ac (102,820 ha) in northern California and Oregon from the 1996 designation, based on new information indicating that these areas do not meet the definition of critical habitat. This action, if adopted in its entirety, would result in a revised designation of approximately 3,633,800 ac (1,470,550 ha) as critical habitat for the marbled murrelet. In the proposed rule, we also proposed a taxonomic revision of the scientific name of the marbled murrelet from Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus. We are reopening the comment period to accept peer review comments into the administrative record; however, all interested parties may submit comments and materials on the proposed revised designation of critical habitat for the marbled murrelet. Previously submitted comments for this proposed rule need not be resubmitted. Those comments have been incorporated into the public record and will be fully considered in our final determination. Author The primary authors of this document are the staff members of the Division of Endangered Species, Pacific Region, U.S. Fish and Wildlife Service. Authority dwashington3 on PROD1PC60 with PROPOSALS The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: February 4, 2009. Jane Lyder, Assistant Deputy Secretary, Department of the Interior. [FR Doc. E9–2921 Filed 2–10–09; 8:45 am] BILLING CODE 4310–55–P VerDate Nov<24>2008 13:29 Feb 10, 2009 Jkt 217001 50 CFR Part 17 [FWS–R1–ES–2007–0024; 92220–1113– 0000–C6] RIN 1018–AU96 Endangered and Threatened Wildlife and Plants; Removing the Hawaiian Hawk From the Federal List of Endangered and Threatened Wildlife AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; notice of availability of draft post-delisting monitoring plan; reopening of public comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft post-delisting monitoring plan (draft PDM Plan) for the Hawaiian hawk (Buteo solitarius) and the reopening of the public comment period for the proposed rule to remove (delist) the Hawaiian hawk from the Federal List of Endangered and Threatened Wildlife. If the proposed rule to delist the Hawaiian hawk is made final, we intend to monitor the hawk, in cooperation with the State of Hawaii and other conservation partners, through island-wide surveys every 5 years for a period of 20 years, from 2012 to 2032. We are soliciting review and comment on this draft PDM plan from local, State, and Federal agencies, and the public. We are also reopening the comment period on the proposed rule to ensure that the public has full access to the draft PDM Plan while commenting on the proposed rule. DATES: Comments from all interested parties on the Hawaiian hawk draft PDM Plan and proposed rule must be received on or before April 13, 2009. ADDRESSES: The draft PDM Plan may be downloaded from our Web site at https://www.fws.gov/pacificislands. To request a copy of the draft PDM Plan, write to our Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana Blvd., Rm. 3–122, Box 50088, Honolulu, Hawaii 96850; or call 808–792–9400, or send an e-mail request to karen_marlowe@fws.gov. Specify whether you want to receive a hardcopy by U.S. mail or an electronic copy by e-mail. You may submit comments by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 6853 • U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN 1018– AU96; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. Although you may request a copy of the draft PDM plan via e-mail or fax, we will not accept comments on the draft PDM or the proposed rule via e-mail or fax. 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). FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor, Pacific Islands Fish and Wildlife Office, P.O. Box 50088, Honolulu, HI 96850; (telephone 808–792–9400). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Background We published the proposed rule to delist the Hawaiian hawk, due to recovery, on August 6, 2008, with a 60day comment period that closed on October 6, 2008 (73 FR 45680). Several studies have shown that range-wide population estimates have been stable for at least 20 years and this species is not threatened with becoming endangered throughout all or a significant portion of its range in the foreseeable future. Section 4(g)(1) of the ESA requires that we implement a system, in cooperation with the States, to effectively monitor, for not less than 5 years, the status of all species that have been recovered and delisted. Additionally, we are to make prompt use of the emergency listing authority under section 4(b)(7) of the ESA if the recovered species is presented with significant risk to its well being. In order to meet the ESA’s monitoring requirements, and to facilitate that efficient collection of data, we have designed a draft plan to detect changes in the status of the Hawaiian hawk. The Hawaiian hawk draft PDM Plan was developed in cooperation with the Hawaii Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), the National Park Service (NPS), and the U.S. Geological Survey, Biological Resources Discipline (USGS–BRD). Our Pacific Islands Fish and Wildlife Office (PIFWO) will have the lead agency responsibility for this monitoring effort, and will coordinate E:\FR\FM\11FEP1.SGM 11FEP1

Agencies

[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Proposed Rules]
[Pages 6852-6853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2921]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R1-ES-2008-0079; 92210-1117-0000]
RIN 1018-AW18


Endangered and Threatened Wildlife and Plants; Revised Critical 
Habitat for the Marbled Murrelet

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period for submitting comments on our 
July 31, 2008 proposed revised designation of critical habitat for the 
marbled murrelet (Brachyramphus marmoratus marmoratus) under the 
Endangered Species Act of 1973, as amended (Act). The reopened comment 
period will provide all interested parties with an additional 
opportunity to submit written comments on the proposed rule. Comments 
previously submitted for the proposed revised critical habitat 
designation need not be resubmitted; they have already been 
incorporated into the public record and will be fully considered in any 
final decisions.

DATES: We will accept comments from all interested parties until March 
13, 2009. Any comments received after the closing date may not be 
considered in the final decision on the revised designation of critical 
habitat.

ADDRESSES: 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: FWS-R1-ES-2008-0079; 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 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).

FOR FURTHER INFORMATION CONTACT: Ken Berg, Field Supervisor, Western 
Washington Fish and Wildlife Office, 510 Desmond Drive, SE, Suite 102, 
Lacey, WA 98503-1273, telephone (360) 753-9440, facsimile (360) 753-
9008; Paul Henson, Field Supervisor, Oregon Fish and Wildlife Office, 
2600 SE 98th Avenue, Suite 100, Portland, OR 97266, telephone (503) 
231-6179, facsimile (503) 231-6195; or Michael Long, Field Supervisor, 
Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521, 
telephone (707) 822-7201, facsimile (707) 822-8411. 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 action resulting from the proposed rule 
will be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on the proposed revised designation of critical 
habitat for the marbled murrelet (Brachyramphus marmoratus marmoratus).
    We particularly seek comments concerning:
    (1) The reasons why we should or should not revise currently 
designated critical habitat for the marbled murrelet by removing 
254,070 ac (102,820 ha) from the 1996 designation, based on new 
information that is the best available information indicating that 
these areas do not meet the definition of critical habitat;
    (2) Specific information on the amount and distribution of marbled 
murrelet habitat;
    (3) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed critical habitat revision, and in 
particular, any impacts on small entities;
    (4) Our proposal to revise 50 CFR 17.11 to adopt the taxonomic 
clarification for the marbled murrelet to reflect the change from 
Brachyramphus marmoratus marmoratus to Brachyramphus marmoratus; and
    (5) Whether we could improve or modify our approach to revising 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    You may submit your comments and materials concerning the proposed 
revised designation of critical habitat for the marbled murrelet by one 
of the methods listed in the ADDRESSES section. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed revised designation of 
critical habitat for the marbled murrelet, 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, Western 
Washington Fish and

[[Page 6853]]

Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

    On May 24, 1996, we designated 3,887,800 acres (ac) (1,573,340 
hectares (ha)) as critical habitat for the marbled murrelet in 
Washington, Oregon, and California. On July 31, 2008, we published a 
proposed rule in the Federal Register (73 FR 44678) to revise critical 
habitat for the marbled murrelet. Under the proposed revised 
designation of critical habitat, we would remove approximately 254,070 
ac (102,820 ha) in northern California and Oregon from the 1996 
designation, based on new information indicating that these areas do 
not meet the definition of critical habitat. This action, if adopted in 
its entirety, would result in a revised designation of approximately 
3,633,800 ac (1,470,550 ha) as critical habitat for the marbled 
murrelet. In the proposed rule, we also proposed a taxonomic revision 
of the scientific name of the marbled murrelet from Brachyramphus 
marmoratus marmoratus to Brachyramphus marmoratus. We are reopening the 
comment period to accept peer review comments into the administrative 
record; however, all interested parties may submit comments and 
materials on the proposed revised designation of critical habitat for 
the marbled murrelet. Previously submitted comments for this proposed 
rule need not be resubmitted. Those comments have been incorporated 
into the public record and will be fully considered in our final 
determination.

Author

    The primary authors of this document are the staff members of the 
Division of Endangered Species, Pacific Region, 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 4, 2009.
Jane Lyder,
Assistant Deputy Secretary, Department of the Interior.
 [FR Doc. E9-2921 Filed 2-10-09; 8:45 am]
BILLING CODE 4310-55-P
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