Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Lepidium papilliferum, 8402-8413 [2014-03134]
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Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Proposed Rules
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[FR Doc. 2014–02928 Filed 2–6–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Chapter 2
[Docket No. DARS–2014–0012]
Review of Statutory and Regulatory
Requirements
Department of Defense.
ACTION: Request for public comments.
AGENCY:
The Director of Defense
Procurement and Acquisition Policy
(DPAP) is currently conducting an
assessment to identify impacts
experienced by industry resulting from
contracting statutes.
DATES: Submit written comments to the
address shown below on or before
March 14, 2014. Comments received
will be considered by DoD in the
formation of a recommendation to the
Secretary of Defense if a revision to the
definition is necessary and appropriate.
ADDRESSES: Submit comments to: Mr.
Michael Canales, Room 5E621, 3060
Defense Pentagon, Washington, DC
20301–3060. Comments may also be
submitted by fax at (703) 614–1254, or
by email at michael.j.canales4.civ@
mail.mil.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Mr.
Michael Canales, DPAP/CPIC, by
telephone at (703) 695–8571, or by
email at michael.j.canales4.civ@
mail.mil.
The
purpose of the assessment is to support
an internal Department of Defense (DoD)
SUPPLEMENTARY INFORMATION:
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effort to reduce compliance impacts that
do not achieve the benefits intended by
contracting statutes. As part of this
assessment, DPAP would like to receive
the views of interested parties
identifying particular impacts
associated with specific contracting
statutes. There is an extensive body of
law and regulation that govern the
Department’s business. We are seeking
to better understand the impact
experienced by industry resulting from
requirements based on statute. Our
initial review identified approximately
400 DFARS requirements based solely
on statute. The Director, DPAP, is
soliciting public input to identify
particular impacts associated with
specific contracting statutes, with
reference to—
• Particular impacts associated with
specific contracting statutes;
• Why the identified impact does not
achieve the intended benefit of the
identified legislation, or why the
intended benefit is not helpful to the
Department; and
• Any recommendations for
alternative approaches to achieve the
intended benefit of the identified
legislation.
We are also interested in candidate
DFARS and component supplements
requirements that, although not based in
statute, warrant similar consideration.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2014–03038 Filed 2–11–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2010–0071;
4500030114]
RIN 1018–AX16
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Lepidium papilliferum
Fish and Wildlife Service,
Interior.
ACTION: Revised proposed rule;
reopening of comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are amending
our proposal to designate critical habitat
for Lepidium papilliferum (slickspot
peppergrass) under the Endangered
Species Act (Act). In total,
approximately 24,808 hectares (61,301
acres) in Ada, Payette, Elmore, and
SUMMARY:
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Owyhee Counties in Idaho fall within
the boundaries of the revised proposed
critical habitat designation. If we
finalize this rule as proposed, the effect
of this regulation will be to designate
critical habitat for Lepidium
papilliferum under the Act.
DATES: We will accept comments
received or postmarked on or before
March 14, 2014. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES
below) must be received by 11:59 p.m.
Eastern Time on the closing date. Any
comments that we receive after the
closing date may not be considered in
the final determination.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R1–ES–2010–0071, which is
the docket number for this rulemaking.
You may submit a comment by clicking
on ‘‘Comment Now!.’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2010–
0071; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
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:
Acting State Supervisor, U.S. Fish and
Wildlife Service, Idaho Fish and
Wildlife Office, 1387 S. Vinnell Way,
Room 368, Boise, ID 83709; telephone
208–378–5243; facsimile 208–378–5262.
If you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action
resulting from this revised proposed
rule will be based on the best scientific
and commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
government agencies, the scientific
community, industry, or any other
interested party concerning this
proposed rule. We particularly seek
comments concerning any new
information pertaining to critical habitat
for this species that has become
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available since the May 10, 2011,
publication of our proposed rule to
designate critical habitat for Lepidium
papilliferum (76 FR 27184). Comments
previously submitted on the proposed
critical habitat designation need not be
resubmitted; they have already been
incorporated into the public record and
will be fully considered in the final
decision.
We particularly seek comments
concerning the following:
(1) New scientific information
regarding critical habitat for this
species, including the addition of
recently identified areas that meet our
definition of critical habitat for the
species that has become available since
the May 10, 2011, publication of our
proposed rule to designate critical
habitat for Lepidium papilliferum (76
FR 27184).
(2) Whether the benefits of excluding
any particular area from critical habitat
outweigh the benefits of including that
area in critical habitat under section
4(b)(2) of the Act, after considering both
the potential impacts and benefits of the
proposed critical habitat designation.
Under section 4(b)(2) of the Act, we may
exclude an area from critical habitat if
we determine that the benefits of such
exclusion outweigh the benefits of
including that particular area as critical
habitat, unless failure to designate that
specific area as critical habitat will
result in the extinction of the species.
We therefore request specific
information on:
• The benefits of including recently
identified areas in the final designation
and supporting rationale,
• The benefits of excluding any
recently identified areas from the final
designation and supporting rationale,
and
• Whether any specific exclusions
may result in the extinction of the
species and why.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. Comments and materials we
receive, as well as some of the
supporting documentation we used in
preparing this proposed rule, will be
available for public inspection on
https://www.regulations.gov; all of our
supporting documentation is available
by appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Idaho Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
We will post your entire comment—
including your personal identifying
information—on https://
www.regulations.gov. You may request
at the top of your document that we
withhold personal information such as
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your street address, phone number, or
email address from public review;
however, we cannot guarantee that we
will be able to do so.
Background and Previous Federal
Actions
In this document, we intend to
discuss only those topics directly
relevant to updating the 2011 proposed
critical habitat rule for Lepidium
papilliferum. For more information on
previous Federal actions concerning
Lepidium papilliferum, refer to the
proposed designation of critical habitat
published in the Federal Register on
May 10, 2011 (76 FR 27184) (2011
proposed critical habitat rule).
On October 8, 2009, we listed
Lepidium papilliferum as a threatened
species throughout its range under the
Act (74 FR 52014). On November 16,
2009, Idaho Governor C. L. ‘‘Butch’’
Otter, the Idaho Office of Species
Conservation, Theodore Hoffman, Scott
Nicholson, and L.G. Davison & Sons,
Inc., filed a complaint in the U.S.
District Court for the District of
Columbia challenging the 2009 final
listing rule under the Administrative
Procedure Act and the Endangered
Species Act. Subsequently, the issue
was transferred to the U.S. District Court
for the District Court of Idaho (Court),
and the parties involved consented to
proceed before a Magistrate Judge. On
August 8, 2012, the Court vacated the
final rule listing Lepidium papilliferum
as a threatened species under the Act,
with directions that the case be
remanded to the Service for further
consideration consistent with the
Court’s opinion (Otter v. Salazar, Case
No. 1:11–cv–00358–CWD (D. Idaho)).
During the period of the 2009
litigation, we published the 2011
proposed critical habitat rule; the
comment period closed on July 11,
2011. On June 1, 2011, the Service
received a request from Idaho’s
Governor C.L. ‘‘Butch’’ Otter requesting
a 60-day extension to the comment
period. On July 7, 2011, we published
a notice extending the initial comment
period through September 9, 2011 (76
FR 39807). We also requested comments
on the proposed critical habitat
designation and associated draft
economic analysis during a second
comment period that opened October
26, 2011, and closed on December 12,
2011 (76 FR 66250).
Rulemaking on the proposed critical
habitat was suspended following the
Court’s ruling vacating the listing.
However, elsewhere in today’s issue of
the Federal Register, we have published
a document announcing our
reconsideration of the listing of
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Lepidium papilliferum relative to the
issues remanded by the Court;
rulemaking on the listing has, therefore,
been reopened. Accordingly, we are
reopening the rulemaking on our
proposed rule to designate critical
habitat for the species (76 FR 27184;
May 10, 2011).
Changes From Proposed Rule
Since the publication of our May 10,
2011, proposed rule, we have received
information regarding some additional
areas that meet our definition of critical
habitat for Lepidium papilliferum. To
ensure that we are considering the best
scientific data available in our final
decision, in this document we present
new scientific information that has
become available to us since our 2011
proposed critical habitat rule, describe
those additional areas that we believe
meet the definition of critical habitat for
the species, revise the proposed rule to
include this new information, and seek
public comment on the additional areas
we are proposing as critical habitat.
Should the listing of L. papilliferum
become final, in accordance with the
requirements of the Act, we will
proceed with the promulgation of a final
rule designating critical habitat for the
species.
Correction to the Proposed Critical
Habitat for Lepidium papilliferum
In the 2011 proposed critical habitat
rule, the Service proposed to designate
23,374 ha (57,756 ac) as critical habitat
for Lepidium papilliferum in four units
in Ada, Elmore, Payette, and Owyhee
Counties in Idaho. However, this
amount was inadvertently
overestimated due to a slight calculation
error that resulted from an overlapping
of polygons within the geographic
information systems (GIS). This overlap
of data resulted in the accidental
inclusion of 291 ha (716 ac) of
additional area in the proposal. The
actual area of critical habitat in the 2011
proposed critical habitat rule should
have been reported as 23,083 ha (57,040
ac).
New Information Related to the
Proposed Critical Habitat for Lepidium
papilliferum
As described in our 2011 proposed
critical habitat rule, we based our
criteria for the identification of critical
habitat for Lepidium papilliferum on the
element occurrence (EO) rankings of the
Idaho Natural Heritage Program (INHP).
We included all L. papilliferum element
occurrences (EOs) with rankings of C or
higher in the proposed critical habitat.
We considered areas with these
rankings to provide the physical and
biological features essential to the
conservation of the species, as they are
the EOs most likely to provide for viable
populations of L. papilliferum that will
contribute to the conservation and
recovery of the species. Each EO
provides one or more of the PCEs as
described in the proposed rule (note
there are no L. papilliferum EOs ranked
higher than B at present). We did not
include sites ranked D or lower in the
critical habitat designation due to the
poor condition of the habitat around Dranked sites, the low viability of the
small L. papilliferum populations
remaining at such sites, and the
fragmented nature of the surrounding
landscape.
Recent survey efforts have located a
few additional sites occupied by
Lepidium papilliferum within the range
of the species. According to Idaho Fish
and Wildlife Information System
(IFWIS; formerly Idaho Natural Heritage
Program (INHP)) data, eight new EOs
have been located. In addition to these
new EOs, some existing EOs have been
expanded and in some cases merged
with other EOs to meet the definition of
an EO (a grouping of occupied
slickspots that occur within 1 kilometer
(km) (0.6 miles (mi)) of each other).
Based on the rankings of the new EOs,
we have determined that seven of the
eight new EOs, all of which are
occupied by Lepidium papilliferum,
meet the definition of critical habitat
and contain the physical and biological
features essential to conserve the
species. These include one BC-ranked
EO (EO 118), one BD-ranked EO (EO
114), three C-ranked EOs (EO 112, 115,
116), and two CD-ranked EOs (EO 113,
117) (IFWIS data from January 2013).
The eighth EO was ranked D, and,
therefore, did not meet our definition of
critical habitat. The reopened comment
period will provide all interested parties
with an additional opportunity to
submit written comments on this
revised proposed rule, specifically
regarding the new proposed EOs that
have been included based on the best
scientific data that has become available
since the 2011 proposal (May 10, 2011;
76 FR 27184).
Revised Critical Habitat Units
Based on this new information, we
have updated the previous proposed
critical habitat maps, and hereby revise
our May 10, 2011, proposal to designate
critical habitat for Lepidium
papilliferum (76 FR 27184) to include
1,725 ha (4,261 ac) of additional area
that meets our definition of critical
habitat, as described above. This
amendment results in a proposal to
designate a total of 24,808 ha (61,301 ac)
of critical habitat for Lepidium
papilliferum in four units in Payette
(Unit 1), Ada (Unit 2), Elmore (Unit 3),
and Owyhee (Unit 4) Counties in Idaho.
We are proposing no new units. The
additional areas proposed for critical
habitat include 1,588 ha (3,926 ac) of
U.S. Bureau of Land Management (BLM)
lands; 23 ha (58 ac) of Bureau of
Reclamation (BOR) lands; 35 ha (87 ac)
of State lands; and 76 ha (188 ac) of
private lands (areas do not add precisely
to 1,725 ha (4,261 ac) due to rounding).
Units that have been revised to
include additional area since the 2011
proposed critical habitat rule include:
Unit 1—addition of EO 114; Unit 2,
Subunit 2a—addition of EO 118,
Subunit 2b—the expansion of EOs 18,
24, and 25; and Unit 3, Subunit 3a—
expansion of EO 30 and addition of EO
112, Subunit 3b—expansion of EOs 51
and 62, and addition of EOs 113, 115,
116, and 117. See table 1 for the revised
area totals of proposed critical habitat
by units and subunits, and land
ownership. (The GIS calculation error in
the proposed rule, noted above, has
been corrected in the totals within
table 1).
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TABLE 1—REVISED PROPOSED CRITICAL HABITAT UNITS AND AREA (HECTARES (ACRES)) BY LAND OWNERSHIP FOR
LEPIDIUM PAPILLIFERUM
[Area estimates reflect all land within critical habitat unit boundaries]
Unit or subunit
Unit 2—Ada County Total ..........................................
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Municipal
(county and
city)
273
(675)
5,984
Unit 1— Payette County Total ...................................
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State
0
..........................
1,182
0
..........................
414
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Federal
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Private
Total
16
(40)
674
289
(715)
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TABLE 1—REVISED PROPOSED CRITICAL HABITAT UNITS AND AREA (HECTARES (ACRES)) BY LAND OWNERSHIP FOR
LEPIDIUM PAPILLIFERUM—Continued
[Area estimates reflect all land within critical habitat unit boundaries]
Unit or subunit
Federal
(14,789)
660
(1,632)
3,802
(9,396)
512
(1,265)
1,010
(2,496)
3,933
(9,725)
760
(1,878)
1,044
(2,579)
2,132
(5,268)
11,213
(27,709)
21,403
(52,898)
2a ...............................................................................
2b ...............................................................................
2c ...............................................................................
2d ...............................................................................
Unit 3—Elmore County Total .....................................
3a ...............................................................................
3b ...............................................................................
3c ...............................................................................
Unit 4—Owyhee County Total ...................................
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All Units ......................................................................
As in the May 10, 2011, proposed rule
(76 FR 27184), all lands being proposed
for designation as critical habitat are
currently occupied by Lepidium
papilliferum and contain features
essential to support the life-history
needs of the species that may require
special management considerations or
protection. See the Proposed Critical
Habitat Designation section of the
proposed rule for details (76 FR 27184;
May 10, 2011).
In the 2009 final listing rule ((74 FR
52014; October 8, 2009), we described
the total area of known EOs (that is, area
covered by the EOs themselves) as being
approximately 6,500 ha (16,000 ac).
This area reflects only the immediate
known locations of individuals of the
plant, as recognized in the IFWIS
database, and is a small portion of the
overall geographic range of the species.
In the May 10, 2011, proposed critical
habitat rule (76 FR 27184), we described
in detail the criteria used to identify
critical habitat, including a 250-m
radius around each EO to provide
sufficient area for pollinator support
and to minimize disturbance to the
plant’s habitat. This, along with the
additional area resulting from inclusion
of the recently discovered EOs, make up
the total area now proposed for
designation as critical habitat of 24,808
ha (61,301 ac).
In the rule portion of this document,
we present new maps of the critical
habitat units that have changed since
the May 10, 2011, proposed rule (76 FR
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State
Municipal
(county and
city)
Private
(2,921)
0
..........................
114
(281)
98
(241)
970
(2,399)
97
(239)
0
..........................
97
(239)
0
..........................
600
(1,482)
1,879
(4,642)
(1,023)
338
(835)
0
..........................
76
(188)
0
..........................
0
..........................
0
..........................
0
..........................
0
..........................
0
..........................
414
(1,023)
(1,663)
291
(719)
115
(283)
235
(580)
33
(81)
419
(1,035)
241
(596)
49
(120)
129
(319)
0
..........................
1,109
(2,738)
27184). Maps illustrating the changes
from the previously proposed unit
boundaries are available on the Internet
at https://www.regulations.gov at Docket
No. FWS–R1–ES–2010–0071 or at
https://www.fws.gov/idaho. As noted
above, the units that reflect the
additional areas determined to meet our
definition of critical habitat are Unit 1;
Unit 2 (Subunits 2a and 2b); and Unit
3 (Subunits 3a and 3b).
The coordinates or plot points or both
from which the maps are generated are
included in the administrative record
for this proposed revised critical habitat
designation and are available at https://
www.fws.gov/idaho, at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2010–0071, and at the
Idaho Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT). Any
additional tools or supporting
information that we may develop for
this critical habitat designation will also
be available at the Fish and Wildlife
Service Web site and Field Office set out
above, and may also be included at
https://www.regulations.gov.
The reopened comment period will
provide all interested parties with an
additional opportunity to submit
written comments on this revised
proposed rule, specifically regarding the
new proposed EOs that have been
included based on the best scientific
data that has become available since the
2011 proposed critical habitat rule.
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Total
(20,396)
1,289
(3,186)
4,031
(9,960)
921
(2,274)
2,013
(4,977)
4,449
(10,999)
1,001
(2,474)
1,190
(2,938)
2,261
(5,587)
11,813
(29,191)
24,808
(61,301)
Required Determinations
The draft economic analysis of the
proposed designation concluded that
critical habitat designation for Lepidium
papilliferum is not likely to affect
economic activity or conservation
measures being implemented within the
proposed critical habitat area (IEC 2011,
p. ES–5). Because all areas proposed for
critical habitat were occupied by the
species, and most of the area proposed
is on BLM lands, the estimated
incremental impacts of critical habitat
designation were limited to additional
administrative costs of section 7
consultations associated with
considering the potential for adverse
modification of critical habitat (IEC
2011, p. ES–5). Activities on private
lands were determined to be unlikely to
be subject to section 7 consultation (IEC
2011, p. ES–6).
Based on these earlier determinations,
we believe that the addition of the
relatively small amount of occupied
area proposed here is unlikely to
significantly alter the results of the
existing economic analysis of the
designation, and we conclude that the
incremental impacts of the revised
proposed designation of critical habitat
for L. papilliferum will similarly be
limited to the additional administrative
costs of section 7 consultations
associated with considering the
potential for adverse modification of
critical habitat. Therefore, in this
document, we affirm the required
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determinations made in the May 10,
2011, proposed rule (76 FR 27184).
List of Subjects in 50 CFR Part 17
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Idaho Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this revised
proposed rulemaking are the staff
members of the Idaho Fish and Wildlife
Office, U.S. Fish and Wildlife Service
(see ADDRESSES).
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as proposed to be amended
on May 10, 2011, at 76 FR 27184, as set
forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
The authority for this action is the
Endangered Species Act of 1977, as
amended (16 U.S.C. 1531 et seq.).
tkelley on DSK3SPTVN1PROD with PROPOSALS
Authority
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. Amend § 17.96(a) by revising
paragraphs (5), (6), (7), (8), and (9) in the
entry proposed for ‘‘Lepidium
papilliferum (Slickspot Peppergrass)’’ at
76 FR 27184 to read as follows:
■
§ 17.96
Critical habitat—plants.
(a) Flowering plants.
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(5) Index map of critical habitat units
for Lepidium papilliferum (slickspot
peppergrass) follows:
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(6) Unit 1: Payette County, Idaho. Map
of Unit 1 follows:
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(7) Unit 2: Ada County, Idaho.
(i) Map of Unit 2, Subunit a, follows:
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(i) Map of Unit 3, Subunit a, follows:
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(ii) Map of Unit 3, Subunit b, follows:
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(iii) Map of Unit 3, Subunit c, follows:
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(9) Unit 4: Owyhee County, Idaho.
Map of Unit 4 follows:
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Dated: February 5, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–03134 Filed 2–11–14; 8:45 am]
BILLING CODE 4310–55–C
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2007–0024;
FXES11130900000C6–145–FF09E42000]
RIN 1018–AU96
Endangered and Threatened Wildlife
and Plants; Removing the Hawaiian
Hawk From the Federal List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; document
availability and reopening of comment
period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on the August 6, 2008, proposed rule to
remove the Hawaiian hawk or Io (Buteo
solitarius) from the List of Endangered
and Threatened Wildlife (List) under the
Endangered Species Act of 1973, as
amended (Act). Comments submitted
during the 2008 comment period and
2009 reopened comment periods do not
need to be resubmitted, and will be fully
considered in preparation of our final
rule. However, we invite comments on
the new information presented in this
document relevant to our consideration
of the status of Hawaiian hawk. We
encourage those who may have
commented previously to submit
additional comments, if appropriate, in
light of this new information. Further,
we are again making available for public
review the draft post-delisting
monitoring plan for the Hawaiian hawk,
and we invite comments on that draft
plan.
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
The comment period for the
proposed rule published August 6,
2008, at 73 FR 45680 is reopened. To
ensure that we are able to consider your
comments and information, they must
be received or postmarked no later than
April 14, 2014. Please note that, if you
are using the Federal eRulemaking
DATES:
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Portal (see ADDRESSES, below), the
deadline for submitting an electronic
comment is 11:59 p.m. Eastern Time on
this date. We may not be able to address
or incorporate information that we
receive after the above requested date.
ADDRESSES: Document availability:
Electronic copies of the 2008 proposed
delisting of the Hawaiian hawk,
comments received, and the draft postdelisting monitoring plan (draft PDM
Plan) can be obtained from the Web
sites https://www.regulations.gov (under
Docket No. FWS–R1–ES–2007–0024) or
https://www.fws.gov/pacificislands. To
request a hardcopy of the proposed rule
or the draft PDM Plan, write to: Field
Supervisor, Attention: Hawaiian Hawk
Proposed Delisting/Draft PDM Plan,
Pacific Islands Fish and Wildlife Office,
U.S. Fish and Wildlife Service, 300 Ala
Moana Boulevard, Rm. 3–122,
Honolulu, HI 96850; or call 808–792–
9400; or send an email request to jay_
nelson@fws.gov.
Written comments: You may submit
comments and information by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for docket
number FWS–R1–ES–2007–0024. Please
ensure you have found the correct
document before submitting your
comments.
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2007–
0024; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We will post all comments and
information we receive 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 details).
FOR FURTHER INFORMATION CONTACT:
Loyal Mehrhoff, Field Supervisor,
Pacific Islands Fish and Wildlife Office,
300 Ala Moana Boulevard, Room 3–122,
Honolulu, HI 96850; telephone (808–
792–9400); or facsimile (808–792–9581).
If you use a telecommunications device
for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
The Hawaiian hawk was added to the
U.S. Department of the Interior’s list of
endangered species on March 11, 1967
(32 FR 4001), in accordance with
section 1(c) of the Endangered Species
Preservation Act of October 15, 1966 (80
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8413
Stat. 926; 16 U.S.C. 668aa(c)). Its status
as an endangered species was retained
under the Endangered Species Act of
1973, as amended (Act; 16 U.S.C. 1531
et seq.). A recovery plan for the
Hawaiian hawk was published on May
9, 1984 (Service 1984).
The Service published a proposed
rule to reclassify the Hawaiian hawk
from endangered to threatened on
August 5, 1993 (58 FR 41684), based on
Griffin’s (1985, p. 25) preliminary
population estimate of 1,400 to 2,500
adult birds and because it was
discovered that the species occupied,
and nested in, nonnative forests and
exploited nonnative prey species as a
food resource. However, the proposal
was not finalized; during the comment
period, several commenters expressed
concerns that the population data used
in the proposal were not current and
there was not enough known about the
hawk’s breeding success to warrant
downlisting. In response, in 1997, the
Service formed the Io Recovery Working
Group (IRWG), the mission of which
was to provide oversight and advice on
aspects of the recovery of the Hawaiian
hawk.
On February 3, 1997, we received a
petition from the National Wilderness
Institute to delist the Hawaiian hawk.
We responded to that petition in a letter
dated June 19, 1998, indicating that we
could not immediately work on the
petition due to higher priority listing
and delisting actions.
We published a proposed rule to
delist the Hawaiian hawk, due to
recovery, on August 6, 2008, with a 60day comment period that closed October
6, 2008 (73 FR 45680). The proposed
delisting was based on several studies
that had shown the range-wide
population estimates had been stable for
at least 20 years and this species was
not threatened with becoming
endangered throughout all or a
significant portion of its range in the
foreseeable future.
We made available the draft postdelisting monitoring plan for the
Hawaiian hawk (draft PDM plan) on
February 11, 2009 (74 FR 6853), with a
60-day comment period that closed
April 13, 2009. In that same document,
we reopened the comment period for
the proposed delisting rule for 60 days,
also ending April 13, 2009.
We published a schedule of public
hearings on the proposed rule on June
5, 2009 (74 FR 27004), to allow
interested parties an opportunity to
comment on the proposed rule and draft
PDM plan, and we reopened the
proposal’s comment period for another
60 days, ending August 4, 2009. We
held public hearings on June 30, 2009,
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]]>Agencies
[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Proposed Rules]
[Pages 8402-8413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03134]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2010-0071; 4500030114]
RIN 1018-AX16
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Lepidium papilliferum
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are amending
our proposal to designate critical habitat for Lepidium papilliferum
(slickspot peppergrass) under the Endangered Species Act (Act). In
total, approximately 24,808 hectares (61,301 acres) in Ada, Payette,
Elmore, and
[[Page 8403]]
Owyhee Counties in Idaho fall within the boundaries of the revised
proposed critical habitat designation. If we finalize this rule as
proposed, the effect of this regulation will be to designate critical
habitat for Lepidium papilliferum under the Act.
DATES: We will accept comments received or postmarked on or before
March 14, 2014. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES below) must be received by 11:59 p.m.
Eastern Time on the closing date. Any comments that we receive after
the closing date may not be considered in the final determination.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R1-ES-2010-0071,
which is the docket number for this rulemaking. You may submit a
comment by clicking on ``Comment Now!.''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R1-ES-2010-0071; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. 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: Acting State Supervisor, U.S. Fish and
Wildlife Service, Idaho Fish and Wildlife Office, 1387 S. Vinnell Way,
Room 368, Boise, ID 83709; telephone 208-378-5243; facsimile 208-378-
5262. If you use a telecommunications device for the deaf (TDD), call
the Federal Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this revised
proposed rule will be based on the best scientific and commercial data
available and be as accurate and as effective as possible. Therefore,
we request comments or information from other concerned government
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning any new information pertaining to critical habitat for this
species that has become available since the May 10, 2011, publication
of our proposed rule to designate critical habitat for Lepidium
papilliferum (76 FR 27184). Comments previously submitted on the
proposed critical habitat designation need not be resubmitted; they
have already been incorporated into the public record and will be fully
considered in the final decision.
We particularly seek comments concerning the following:
(1) New scientific information regarding critical habitat for this
species, including the addition of recently identified areas that meet
our definition of critical habitat for the species that has become
available since the May 10, 2011, publication of our proposed rule to
designate critical habitat for Lepidium papilliferum (76 FR 27184).
(2) Whether the benefits of excluding any particular area from
critical habitat outweigh the benefits of including that area in
critical habitat under section 4(b)(2) of the Act, after considering
both the potential impacts and benefits of the proposed critical
habitat designation. Under section 4(b)(2) of the Act, we may exclude
an area from critical habitat if we determine that the benefits of such
exclusion outweigh the benefits of including that particular area as
critical habitat, unless failure to designate that specific area as
critical habitat will result in the extinction of the species. We
therefore request specific information on:
The benefits of including recently identified areas in the
final designation and supporting rationale,
The benefits of excluding any recently identified areas
from the final designation and supporting rationale, and
Whether any specific exclusions may result in the
extinction of the species and why.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. Comments and materials
we receive, as well as some of the supporting documentation we used in
preparing this proposed rule, will be available for public inspection
on https://www.regulations.gov; all of our supporting documentation is
available by appointment, during normal business hours, at the U.S.
Fish and Wildlife Service, Idaho Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
We will post your entire comment--including your personal
identifying information--on https://www.regulations.gov. You may request
at the top of your document that we withhold personal information such
as your street address, phone number, or email address from public
review; however, we cannot guarantee that we will be able to do so.
Background and Previous Federal Actions
In this document, we intend to discuss only those topics directly
relevant to updating the 2011 proposed critical habitat rule for
Lepidium papilliferum. For more information on previous Federal actions
concerning Lepidium papilliferum, refer to the proposed designation of
critical habitat published in the Federal Register on May 10, 2011 (76
FR 27184) (2011 proposed critical habitat rule).
On October 8, 2009, we listed Lepidium papilliferum as a threatened
species throughout its range under the Act (74 FR 52014). On November
16, 2009, Idaho Governor C. L. ``Butch'' Otter, the Idaho Office of
Species Conservation, Theodore Hoffman, Scott Nicholson, and L.G.
Davison & Sons, Inc., filed a complaint in the U.S. District Court for
the District of Columbia challenging the 2009 final listing rule under
the Administrative Procedure Act and the Endangered Species Act.
Subsequently, the issue was transferred to the U.S. District Court for
the District Court of Idaho (Court), and the parties involved consented
to proceed before a Magistrate Judge. On August 8, 2012, the Court
vacated the final rule listing Lepidium papilliferum as a threatened
species under the Act, with directions that the case be remanded to the
Service for further consideration consistent with the Court's opinion
(Otter v. Salazar, Case No. 1:11-cv-00358-CWD (D. Idaho)).
During the period of the 2009 litigation, we published the 2011
proposed critical habitat rule; the comment period closed on July 11,
2011. On June 1, 2011, the Service received a request from Idaho's
Governor C.L. ``Butch'' Otter requesting a 60-day extension to the
comment period. On July 7, 2011, we published a notice extending the
initial comment period through September 9, 2011 (76 FR 39807). We also
requested comments on the proposed critical habitat designation and
associated draft economic analysis during a second comment period that
opened October 26, 2011, and closed on December 12, 2011 (76 FR 66250).
Rulemaking on the proposed critical habitat was suspended following
the Court's ruling vacating the listing. However, elsewhere in today's
issue of the Federal Register, we have published a document announcing
our reconsideration of the listing of
[[Page 8404]]
Lepidium papilliferum relative to the issues remanded by the Court;
rulemaking on the listing has, therefore, been reopened. Accordingly,
we are reopening the rulemaking on our proposed rule to designate
critical habitat for the species (76 FR 27184; May 10, 2011).
Changes From Proposed Rule
Since the publication of our May 10, 2011, proposed rule, we have
received information regarding some additional areas that meet our
definition of critical habitat for Lepidium papilliferum. To ensure
that we are considering the best scientific data available in our final
decision, in this document we present new scientific information that
has become available to us since our 2011 proposed critical habitat
rule, describe those additional areas that we believe meet the
definition of critical habitat for the species, revise the proposed
rule to include this new information, and seek public comment on the
additional areas we are proposing as critical habitat. Should the
listing of L. papilliferum become final, in accordance with the
requirements of the Act, we will proceed with the promulgation of a
final rule designating critical habitat for the species.
Correction to the Proposed Critical Habitat for Lepidium papilliferum
In the 2011 proposed critical habitat rule, the Service proposed to
designate 23,374 ha (57,756 ac) as critical habitat for Lepidium
papilliferum in four units in Ada, Elmore, Payette, and Owyhee Counties
in Idaho. However, this amount was inadvertently overestimated due to a
slight calculation error that resulted from an overlapping of polygons
within the geographic information systems (GIS). This overlap of data
resulted in the accidental inclusion of 291 ha (716 ac) of additional
area in the proposal. The actual area of critical habitat in the 2011
proposed critical habitat rule should have been reported as 23,083 ha
(57,040 ac).
New Information Related to the Proposed Critical Habitat for Lepidium
papilliferum
As described in our 2011 proposed critical habitat rule, we based
our criteria for the identification of critical habitat for Lepidium
papilliferum on the element occurrence (EO) rankings of the Idaho
Natural Heritage Program (INHP). We included all L. papilliferum
element occurrences (EOs) with rankings of C or higher in the proposed
critical habitat. We considered areas with these rankings to provide
the physical and biological features essential to the conservation of
the species, as they are the EOs most likely to provide for viable
populations of L. papilliferum that will contribute to the conservation
and recovery of the species. Each EO provides one or more of the PCEs
as described in the proposed rule (note there are no L. papilliferum
EOs ranked higher than B at present). We did not include sites ranked D
or lower in the critical habitat designation due to the poor condition
of the habitat around D-ranked sites, the low viability of the small L.
papilliferum populations remaining at such sites, and the fragmented
nature of the surrounding landscape.
Recent survey efforts have located a few additional sites occupied
by Lepidium papilliferum within the range of the species. According to
Idaho Fish and Wildlife Information System (IFWIS; formerly Idaho
Natural Heritage Program (INHP)) data, eight new EOs have been located.
In addition to these new EOs, some existing EOs have been expanded and
in some cases merged with other EOs to meet the definition of an EO (a
grouping of occupied slickspots that occur within 1 kilometer (km) (0.6
miles (mi)) of each other).
Based on the rankings of the new EOs, we have determined that seven
of the eight new EOs, all of which are occupied by Lepidium
papilliferum, meet the definition of critical habitat and contain the
physical and biological features essential to conserve the species.
These include one BC-ranked EO (EO 118), one BD-ranked EO (EO 114),
three C-ranked EOs (EO 112, 115, 116), and two CD-ranked EOs (EO 113,
117) (IFWIS data from January 2013). The eighth EO was ranked D, and,
therefore, did not meet our definition of critical habitat. The
reopened comment period will provide all interested parties with an
additional opportunity to submit written comments on this revised
proposed rule, specifically regarding the new proposed EOs that have
been included based on the best scientific data that has become
available since the 2011 proposal (May 10, 2011; 76 FR 27184).
Revised Critical Habitat Units
Based on this new information, we have updated the previous
proposed critical habitat maps, and hereby revise our May 10, 2011,
proposal to designate critical habitat for Lepidium papilliferum (76 FR
27184) to include 1,725 ha (4,261 ac) of additional area that meets our
definition of critical habitat, as described above. This amendment
results in a proposal to designate a total of 24,808 ha (61,301 ac) of
critical habitat for Lepidium papilliferum in four units in Payette
(Unit 1), Ada (Unit 2), Elmore (Unit 3), and Owyhee (Unit 4) Counties
in Idaho. We are proposing no new units. The additional areas proposed
for critical habitat include 1,588 ha (3,926 ac) of U.S. Bureau of Land
Management (BLM) lands; 23 ha (58 ac) of Bureau of Reclamation (BOR)
lands; 35 ha (87 ac) of State lands; and 76 ha (188 ac) of private
lands (areas do not add precisely to 1,725 ha (4,261 ac) due to
rounding).
Units that have been revised to include additional area since the
2011 proposed critical habitat rule include: Unit 1--addition of EO
114; Unit 2, Subunit 2a--addition of EO 118, Subunit 2b--the expansion
of EOs 18, 24, and 25; and Unit 3, Subunit 3a--expansion of EO 30 and
addition of EO 112, Subunit 3b--expansion of EOs 51 and 62, and
addition of EOs 113, 115, 116, and 117. See table 1 for the revised
area totals of proposed critical habitat by units and subunits, and
land ownership. (The GIS calculation error in the proposed rule, noted
above, has been corrected in the totals within table 1).
Table 1--Revised Proposed Critical Habitat Units and Area (Hectares (Acres)) by Land Ownership for Lepidium papilliferum
[Area estimates reflect all land within critical habitat unit boundaries]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Municipal
Unit or subunit Federal State (county and Private Total
city)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 1-- Payette County Total...................................... 273 0 0 16 289
(675) ............... ............... (40) (715)
Unit 2--Ada County Total........................................... 5,984 1,182 414 674 8,254
[[Page 8405]]
(14,789) (2,921) (1,023) (1,663) (20,396)
2a................................................................. 660 0 338 291 1,289
(1,632) ............... (835) (719) (3,186)
2b................................................................. 3,802 114 0 115 4,031
(9,396) (281) ............... (283) (9,960)
2c................................................................. 512 98 76 235 921
(1,265) (241) (188) (580) (2,274)
2d................................................................. 1,010 970 0 33 2,013
(2,496) (2,399) ............... (81) (4,977)
Unit 3--Elmore County Total........................................ 3,933 97 0 419 4,449
(9,725) (239) ............... (1,035) (10,999)
3a................................................................. 760 0 0 241 1,001
(1,878) ............... ............... (596) (2,474)
3b................................................................. 1,044 97 0 49 1,190
(2,579) (239) ............... (120) (2,938)
3c................................................................. 2,132 0 0 129 2,261
(5,268) ............... ............... (319) (5,587)
Unit 4--Owyhee County Total........................................ 11,213 600 0 0 11,813
(27,709) (1,482) ............... ............... (29,191)
All Units.......................................................... 21,403 1,879 414 1,109 24,808
(52,898) (4,642) (1,023) (2,738) (61,301)
--------------------------------------------------------------------------------------------------------------------------------------------------------
As in the May 10, 2011, proposed rule (76 FR 27184), all lands
being proposed for designation as critical habitat are currently
occupied by Lepidium papilliferum and contain features essential to
support the life-history needs of the species that may require special
management considerations or protection. See the Proposed Critical
Habitat Designation section of the proposed rule for details (76 FR
27184; May 10, 2011).
In the 2009 final listing rule ((74 FR 52014; October 8, 2009), we
described the total area of known EOs (that is, area covered by the EOs
themselves) as being approximately 6,500 ha (16,000 ac). This area
reflects only the immediate known locations of individuals of the
plant, as recognized in the IFWIS database, and is a small portion of
the overall geographic range of the species. In the May 10, 2011,
proposed critical habitat rule (76 FR 27184), we described in detail
the criteria used to identify critical habitat, including a 250-m
radius around each EO to provide sufficient area for pollinator support
and to minimize disturbance to the plant's habitat. This, along with
the additional area resulting from inclusion of the recently discovered
EOs, make up the total area now proposed for designation as critical
habitat of 24,808 ha (61,301 ac).
In the rule portion of this document, we present new maps of the
critical habitat units that have changed since the May 10, 2011,
proposed rule (76 FR 27184). Maps illustrating the changes from the
previously proposed unit boundaries are available on the Internet at
https://www.regulations.gov at Docket No. FWS-R1-ES-2010-0071 or at
https://www.fws.gov/idaho. As noted above, the units that reflect the
additional areas determined to meet our definition of critical habitat
are Unit 1; Unit 2 (Subunits 2a and 2b); and Unit 3 (Subunits 3a and
3b).
The coordinates or plot points or both from which the maps are
generated are included in the administrative record for this proposed
revised critical habitat designation and are available at https://www.fws.gov/idaho, at https://www.regulations.gov at Docket No. FWS-R1-
ES-2010-0071, and at the Idaho Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT). Any additional tools or supporting
information that we may develop for this critical habitat designation
will also be available at the Fish and Wildlife Service Web site and
Field Office set out above, and may also be included at https://www.regulations.gov.
The reopened comment period will provide all interested parties
with an additional opportunity to submit written comments on this
revised proposed rule, specifically regarding the new proposed EOs that
have been included based on the best scientific data that has become
available since the 2011 proposed critical habitat rule.
Required Determinations
The draft economic analysis of the proposed designation concluded
that critical habitat designation for Lepidium papilliferum is not
likely to affect economic activity or conservation measures being
implemented within the proposed critical habitat area (IEC 2011, p. ES-
5). Because all areas proposed for critical habitat were occupied by
the species, and most of the area proposed is on BLM lands, the
estimated incremental impacts of critical habitat designation were
limited to additional administrative costs of section 7 consultations
associated with considering the potential for adverse modification of
critical habitat (IEC 2011, p. ES-5). Activities on private lands were
determined to be unlikely to be subject to section 7 consultation (IEC
2011, p. ES-6).
Based on these earlier determinations, we believe that the addition
of the relatively small amount of occupied area proposed here is
unlikely to significantly alter the results of the existing economic
analysis of the designation, and we conclude that the incremental
impacts of the revised proposed designation of critical habitat for L.
papilliferum will similarly be limited to the additional administrative
costs of section 7 consultations associated with considering the
potential for adverse modification of critical habitat. Therefore, in
this document, we affirm the required
[[Page 8406]]
determinations made in the May 10, 2011, proposed rule (76 FR 27184).
References Cited
A complete list of references cited is available on the Internet at
https://www.regulations.gov and upon request from the Idaho Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this revised proposed rulemaking are the
staff members of the Idaho Fish and Wildlife Office, U.S. Fish and
Wildlife Service (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1977, as amended (16 U.S.C. 1531 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended on May 10, 2011, at 76 FR 27184, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.96(a) by revising paragraphs (5), (6), (7), (8), and
(9) in the entry proposed for ``Lepidium papilliferum (Slickspot
Peppergrass)'' at 76 FR 27184 to read as follows:
Sec. 17.96 Critical habitat--plants.
(a) Flowering plants.
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* * * * *
Family Brassicaceae: Lepidium papilliferum (Slickspot Peppergrass)
* * * * *
[[Page 8407]]
(5) Index map of critical habitat units for Lepidium papilliferum
(slickspot peppergrass) follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.003
[[Page 8408]]
(6) Unit 1: Payette County, Idaho. Map of Unit 1 follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.004
[[Page 8409]]
(7) Unit 2: Ada County, Idaho.
(i) Map of Unit 2, Subunit a, follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.005
[[Page 8410]]
(ii) Map of Unit 2, Subunit b, follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.006
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[[Page 8411]]
(iii) Map of Unit 2, Subunit c, follows:
* * * * *
(iv) Map of Unit 2, Subunit d, follows:
* * * * *
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(8) Unit 3: Elmore County, Idaho.
(i) Map of Unit 3, Subunit a, follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.007
[[Page 8412]]
(ii) Map of Unit 3, Subunit b, follows:
[GRAPHIC] [TIFF OMITTED] TP12FE14.008
[[Page 8413]]
(iii) Map of Unit 3, Subunit c, follows:
* * * * *
(9) Unit 4: Owyhee County, Idaho. Map of Unit 4 follows:
* * * * *
Dated: February 5, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-03134 Filed 2-11-14; 8:45 am]
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