Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Lepidium Papilliferum, 22077-22079 [2014-09018]
Download as PDF
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Proposed Rules
comment period on this rulemaking
during our preparation of a final
determination. Comments previously
submitted on the proposed listing of
Lepidium papilliferum during any of the
previous comment periods need not be
resubmitted; they have already been
incorporated into the public record and
will be fully considered in the final
decision.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials by one of the methods listed
in ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. If you submit
information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy 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.
Please include sufficient information
with your comments to allow us to
verify any scientific or commercial
information you include. In making a
final decision on this matter, we will
take into consideration the comments
and any additional information we
receive. Comments and materials
received, as well as some of the
supporting documentation used in the
preparation of a final decision, will be
available for public inspection on
https://www.regulations.gov. All
information we use in making our
decision is available by appointment,
during normal business hours, at the
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 (see FOR
FURTHER INFORMATION CONTACT).
Background
On October 8, 2009 (74 FR 52014), we
published a final rule listing the plant
Lepidium papilliferum (slickspot
peppergrass) as a threatened species
throughout its range under the Act. On
VerDate Mar<15>2010
17:47 Apr 18, 2014
Jkt 232001
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. 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–358–CWD (D. Idaho).
The reconsideration of final rule that
published on February 12, 2014 (79 FR
8416), constitutes our response to the
issue remanded by the Court. In that
document, we presented our
interpretation of the term ‘‘foreseeable
future’’ as it applies specifically to
Lepidium papilliferum. Further, in
applying our interpretation of the
foreseeable future to the status
evaluation for L. papilliferum, we
concluded that threatened status should
be reinstated for the species throughout
its range. We initially opened a 30-day
comment period in association with our
reconsideration of the final rule listing
Lepidium papilliferum as a threatened
species; that comment period ended on
March 14, 2014 (79 FR 8416). On
February 13, 2014, we received a
request from the Idaho Governor’s
Office of Species Conservation to extend
the comment period an additional 45
days. We are reopening the comment
period to allow the public additional
opportunity to provide input on our
reconsideration of the final listing rule
and our interpretation of the foreseeable
future as it applies specifically to L.
papilliferum.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: April 7, 2014.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014–09019 Filed 4–18–14; 8:45 am]
BILLING CODE 4310–55–P
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
22077
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;
correction 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 revised proposed rule to
designate critical habitat for Lepidium
papilliferum (slickspot peppergrass)
under the Endangered Species Act (Act
or ESA). In addition, we correct some
minor errors in the revised proposed
rule published on February 12, 2014. In
total, approximately 24,808 hectares
(61,301 acres) in Ada, Gem, Payette,
Elmore, and Owyhee Counties in Idaho
fall within the boundaries of the revised
proposed critical habitat designation.
We are reopening the comment period
to allow all interested parties an
opportunity to comment. Comments
previously submitted need not be
resubmitted, as they will be fully
considered in the preparation of our
final rule.
DATES: We are reopening the comment
period on the revised proposed rule
published in the Federal Register on
February 12, 2014 (79 FR 8402). In order
to fully consider and incorporate public
comment in the final determination, we
request submission of comments by
June 5, 2014. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on that date.
ADDRESSES: Document availability: You
may obtain copies of the revised
proposed rule to designate critical
habitat for Lepidium papilliferum on the
Internet at https://www.regulations.gov at
Docket No. FWS–R1–ES–2010–0071, or
by mail from the Idaho Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Comment submission: You may
submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
SUMMARY:
E:\FR\FM\21APP1.SGM
21APP1
22078
Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Proposed Rules
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:
Mike Carrier, 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:
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Public Comments
We will accept written comments and
information during this reopened
comment period on our revised
proposed rule to designate critical
habitat for Lepidium papilliferum
(slickspot peppergrass) that published
in the Federal Register on February 12,
2014 (79 FR 8402). Any final action
regarding the designation of critical
habitat for L. papilliferum 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 governmental agencies,
Native American tribes, the scientific
community, industry, general public,
and other interested parties on our
revised 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
VerDate Mar<15>2010
13:55 Apr 18, 2014
Jkt 232001
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); and
(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.
We will consider all comments and
information received during our
preparation of a final designation of
critical habitat for Lepidium
papilliferum. Accordingly, the final
decision may differ from the proposal.
Please note that comments merely
stating support for or opposition to the
actions under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(2) of the Act directs that the
Secretary designate critical habitat on
the basis of the best scientific data
available.
You may submit your comments and
materials by one of the methods listed
in ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. If you submit
information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy 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.
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Please include sufficient information
with your comments to allow us to
verify any scientific information you
include. Comments and materials
received, as well as some of the
supporting documentation used in the
preparation of a final decision, will be
available for public inspection on
https://www.regulations.gov. All
information we use in making our
decision is available by appointment,
during normal business hours, at the
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 (see FOR
FURTHER INFORMATION CONTACT).
Background
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 (76 FR
27184, May 10, 2011); 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, on February 12, 2014, we
published in the Federal Register a
E:\FR\FM\21APP1.SGM
21APP1
Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Proposed Rules
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
document announcing our
reconsideration of the listing of
Lepidium papilliferum relative to the
issues remanded by the Court (79 FR
8416); rulemaking on the listing has,
therefore, been reopened. At that time,
we also reopened the rulemaking on our
proposed rule to designate critical
habitat for the species, and presented
some revisions to the proposed critical
habitat (February 12, 2014; 79 FR 8402).
We initially opened a 30-day comment
period in association with our revised
proposed rule to designate critical
habitat for L. papilliferum; that
comment period ended on March 14,
2014. On February 13, 2014, we
received a request from the Idaho
Governor’s Office of Species
Conservation to extend the comment
period an additional 45 days. We are
reopening the comment period to allow
the public additional opportunity to
provide input on our revised proposed
rule to designate critical habitat for L.
papilliferum. Elsewhere in today’s
Federal Register, we are concurrently
reopening the comment period on our
reconsideration of the final rule listing
L. papilliferum as a threatened species
throughout its range.
VerDate Mar<15>2010
13:55 Apr 18, 2014
Jkt 232001
Corrections to the Revised Proposed
Critical Habitat for Lepidium
papilliferum
In this document, we correct some
errors in our February 12, 2014, revised
proposed rule to designate critical
habitat for Lepidium papilliferum (79
FR 8402). On page 8404 of that revised
proposed rule, in the third column
under the section Revised Critical
Habitat Units, the amounts of State and
private lands included in the additional
areas identified as critical habitat are
incorrect. These areas are erroneously
described as including 35 ha (87 ac) of
State lands and 76 ha (188 ac) of private
lands. The correct amounts should be 32
ha (80 ac) of State lands and 82 ha (203
ac) of private lands. The sentence in
question should, therefore, read as
follows: ‘‘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;
32 ha (80 ac) of State lands; and 82 ha
(203 ac) of private lands (areas do not
add precisely to 1,725 ha (4,261 ac) due
to rounding).’’
In addition, we did not explain that
the addition of a single element
occurrence in Unit 1 of the revised
proposed critical habitat in Payette
PO 00000
Frm 00032
Fmt 4702
Sfmt 9990
22079
County actually extends the area of that
unit into adjacent Gem County. The
revised proposed critical habitat for
Lepidium papilliferum is thus found in
five (not four) counties in Idaho: Ada,
Elmore, Gem, Owyhee, and Payette
Counties. The map of Unit 1 published
with the revised proposed critical
habitat rule (79 FR 8402, p. 8408)
correctly depicts the critical habitat unit
as extending from Payette County across
the county line into Gem County to
incorporate a single element occurrence
of L. papilliferum. The area of proposed
critical habitat in Gem County is 16 ha
(40 ac) of Federal (BLM) lands. The total
acreage of Unit 1 is unchanged from the
289 ha (715 ac) identified in the revised
proposed rule. However, of that amount,
273 ha (675 ac) are in Payette County,
and 16 ha (40 ac) are in Gem County.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: April 10, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–09018 Filed 4–18–14; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\21APP1.SGM
21APP1
Agencies
[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Proposed Rules]
[Pages 22077-22079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09018]
-----------------------------------------------------------------------
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; correction and reopening of comment
period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on the revised proposed rule to
designate critical habitat for Lepidium papilliferum (slickspot
peppergrass) under the Endangered Species Act (Act or ESA). In
addition, we correct some minor errors in the revised proposed rule
published on February 12, 2014. In total, approximately 24,808 hectares
(61,301 acres) in Ada, Gem, Payette, Elmore, and Owyhee Counties in
Idaho fall within the boundaries of the revised proposed critical
habitat designation. We are reopening the comment period to allow all
interested parties an opportunity to comment. Comments previously
submitted need not be resubmitted, as they will be fully considered in
the preparation of our final rule.
DATES: We are reopening the comment period on the revised proposed rule
published in the Federal Register on February 12, 2014 (79 FR 8402). In
order to fully consider and incorporate public comment in the final
determination, we request submission of comments by June 5, 2014.
Comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on
that date.
ADDRESSES: Document availability: You may obtain copies of the revised
proposed rule to designate critical habitat for Lepidium papilliferum
on the Internet at https://www.regulations.gov at Docket No. FWS-R1-ES-
2010-0071, or by mail from the Idaho Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Comment submission: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Search for FWS-
[[Page 22078]]
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: Mike Carrier, 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 will accept written comments and information during this
reopened comment period on our revised proposed rule to designate
critical habitat for Lepidium papilliferum (slickspot peppergrass) that
published in the Federal Register on February 12, 2014 (79 FR 8402).
Any final action regarding the designation of critical habitat for L.
papilliferum 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 governmental
agencies, Native American tribes, the scientific community, industry,
general public, and other interested parties on our revised 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); and
(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.
We will consider all comments and information received during our
preparation of a final designation of critical habitat for Lepidium
papilliferum. Accordingly, the final decision may differ from the
proposal.
Please note that comments merely stating support for or opposition
to the actions under consideration without providing supporting
information, although noted, will not be considered in making a
determination, as section 4(b)(2) of the Act directs that the Secretary
designate critical habitat on the basis of the best scientific data
available.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including any personal
identifying information--will be posted on the Web site. If your
submission is made via a hardcopy 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.
Please include sufficient information with your comments to allow
us to verify any scientific information you include. Comments and
materials received, as well as some of the supporting documentation
used in the preparation of a final decision, will be available for
public inspection on https://www.regulations.gov. All information we use
in making our decision is available by appointment, during normal
business hours, at the 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 (see FOR FURTHER
INFORMATION CONTACT).
Background
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 (76 FR 27184, May 10, 2011); 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, on February 12, 2014,
we published in the Federal Register a
[[Page 22079]]
document announcing our reconsideration of the listing of Lepidium
papilliferum relative to the issues remanded by the Court (79 FR 8416);
rulemaking on the listing has, therefore, been reopened. At that time,
we also reopened the rulemaking on our proposed rule to designate
critical habitat for the species, and presented some revisions to the
proposed critical habitat (February 12, 2014; 79 FR 8402). We initially
opened a 30-day comment period in association with our revised proposed
rule to designate critical habitat for L. papilliferum; that comment
period ended on March 14, 2014. On February 13, 2014, we received a
request from the Idaho Governor's Office of Species Conservation to
extend the comment period an additional 45 days. We are reopening the
comment period to allow the public additional opportunity to provide
input on our revised proposed rule to designate critical habitat for L.
papilliferum. Elsewhere in today's Federal Register, we are
concurrently reopening the comment period on our reconsideration of the
final rule listing L. papilliferum as a threatened species throughout
its range.
Corrections to the Revised Proposed Critical Habitat for Lepidium
papilliferum
In this document, we correct some errors in our February 12, 2014,
revised proposed rule to designate critical habitat for Lepidium
papilliferum (79 FR 8402). On page 8404 of that revised proposed rule,
in the third column under the section Revised Critical Habitat Units,
the amounts of State and private lands included in the additional areas
identified as critical habitat are incorrect. These areas are
erroneously described as including 35 ha (87 ac) of State lands and 76
ha (188 ac) of private lands. The correct amounts should be 32 ha (80
ac) of State lands and 82 ha (203 ac) of private lands. The sentence in
question should, therefore, read as follows: ``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; 32 ha (80 ac) of State lands; and 82 ha (203
ac) of private lands (areas do not add precisely to 1,725 ha (4,261 ac)
due to rounding).''
In addition, we did not explain that the addition of a single
element occurrence in Unit 1 of the revised proposed critical habitat
in Payette County actually extends the area of that unit into adjacent
Gem County. The revised proposed critical habitat for Lepidium
papilliferum is thus found in five (not four) counties in Idaho: Ada,
Elmore, Gem, Owyhee, and Payette Counties. The map of Unit 1 published
with the revised proposed critical habitat rule (79 FR 8402, p. 8408)
correctly depicts the critical habitat unit as extending from Payette
County across the county line into Gem County to incorporate a single
element occurrence of L. papilliferum. The area of proposed critical
habitat in Gem County is 16 ha (40 ac) of Federal (BLM) lands. The
total acreage of Unit 1 is unchanged from the 289 ha (715 ac)
identified in the revised proposed rule. However, of that amount, 273
ha (675 ac) are in Payette County, and 16 ha (40 ac) are in Gem County.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 10, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-09018 Filed 4-18-14; 8:45 am]
BILLING CODE 4310-55-P