[4500030114] Rin 1

This document is scheduled to be published in the Federal Register on 06/19/2012 and available online at http://federalregister.gov/a/2012-13886, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2010–0070] [4500030114] RIN 1018–AX10 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the Pacific Coast distinct population segment (DPS) (Pacific Coast WSP) of the western snowy plover (Charadrius nivosus nivosus, formerly C. alexandrinus nivosus) under the Endangered Species Act of 1973, as amended (Act). In 2 total, approximately 24,527 acres (9,926 hectares) of critical habitat for the Pacific Coast WSP in Washington, Oregon, and California, fall within the boundaries of the critical habitat designation. This revised final designation constitutes an increase of approximately 12,377 ac (5,009 ha) from the 2005 designation of critical habitat for the Pacific Coast WSP. A taxonomic name change has occurred and been accepted for the snowy plover. Throughout the remainder of this document, we will use the currently recognized name for the subspecies, Charadrius nivosus nivosus, to which the listed entity (Pacific Coast WSP) belongs for references to the Pacific Coast WSP. DATES: This rule becomes effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: This final rule, final economic analysis, and maps of critical habitat will be available on the Internet at http://www.regulations.gov at Docket No. FWS–R8–ES– 2010–0070, and at http://www.fws.gov/arcata/. Comments and materials received, as well as supporting documentation used in preparing this final rule, are available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707–822–7201; facsimile 707–822–8411. FOR FURTHER INFORMATION CONTACT: Nancy Finley, Field Supervisor, or Jim Watkins, Fish and Wildlife Biologist, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone 707–822–7201; 3 facsimile 707–822–8411. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. This is a final rule to revise the designation of critical habitat for the threatened Pacific Coast population of the western snowy plover under the Act. Under the Act, any species that is determined to be endangered or threatened requires designated critical habitat. We must issue a rule to designate critical habitat. In total, approximately 24,527 acres (9,926 hectares) of critical habitat for the Pacific Coast WSP in Washington, Oregon, and California, fall within the boundaries of the critical habitat designation. We designated critical habitat for this species in 1999 and again in 2005. As part of a settlement agreement, we agreed to reconsider the designations. A proposed revised critical habitat was published in the Federal Register on March 22, 2011 (76 FR 16046). This constitutes our final revised designation for the Pacific Coast WSP. We are making the following changes to the critical habitat designation. See Table 2 for details. State Current critical Revised Factors affecting revised habitat designation designation designation Washington 2,526 acres Four units in We are excluding 425 4 State Current critical Revised Factors affecting revised habitat designation designation designation (1,023 hectares) Washington, acres (172 hectares) of of Federal, State, totaling 6,077 acres Tribal lands from and Private lands (2,460 hectares) designation based on partnerships. Oregon 2,147 acres (869 9 units in Oregon, We are excluding 3,106 hectares) of totaling 2,112 acres acres (1,257 hectares) of Federal, State, (856 hectares) lands from designation and Private lands based on partnerships with landowners. California 7,477 acres 47 units in We are excluding 266 (3,030 hectares) California, totaling acres (108 hectares) of of Federal, State, 16,337 acres (6,612 lands from designation and Private lands hectares) based on partnerships with landowners. The basis for our action. Under the Endangered Species Act, any endangered or threatened species must have a designated critical habitat. We are required to base the designation on the best available scientific data after taking into consideration economic and other impacts. The Secretary can exclude an area from critical habitat if the benefits of exclusion outweigh the benefits of designation, unless the exclusion will result in the extinction of the species. We prepared an economic analysis. To ensure that we consider the economic impacts, we prepared a new economic analysis of the proposed revised designation. On January 17, 2012, we made available our revised draft economic analysis (77 FR 2243). We received public comments on the draft economic analysis and revised it based on input from the public. The economic analysis did not identify any areas with disproportionate costs associated with the designation, and no areas were excluded from the final designation based on economic reasons. 5 We incorporated peer review. We sought comments and information from independent specialists to ensure that our critical habitat designation was based on scientifically sound data, assumptions, and analyses. We had invited these peer reviewers to comment on our specific assumptions and conclusions in the proposed revision of the critical habitat designation. Information we received from peer review is incorporated in this final revised designation. Background It is our intent to discuss in this final rule only those topics directly relevant to the development and designation of revised critical habitat for the Pacific Coast WSP under the Act (16 U.S.C. 1531 et seq.). For more information on the taxonomy, biology, and ecology of the Pacific Coast WSP, refer to the final listing rule published in the Federal Register on March 5, 1993 (58 FR 12864); the 12-month finding on a petition to delist the Pacific Coast WSP (71 FR 20607, April 21, 2006); and the revised proposed critical habitat rule published in the Federal Register on March 22, 2011 (76 FR 16046). Additional information on this species can also be found in the Recovery Plan for the Pacific Coast Population of the Western Snowy Plover (Charadrius alexandrinus nivosus) finalized on August 13, 2007, which is available from the Arcata Fish and Wildlife Office (see ADDRESSES section) (Service 2007). Information on the associated draft economic analysis for the revised proposed critical habitat was published in the Federal Register on January 17, 2012 (77 FR 2243). The nomenclature for the 6 listed entity has changed to the “Pacific Coast population of the western snowy plover (Charadrius nivosus nivosus),” but this change does not alter the description or distribution of the species. Change in Taxonomic Nomenclature In our January 17, 2012, Federal Register publication (77 FR 2243), which made available the draft economic analysis on the March 22, 2011, revised proposed critical habitat for the Pacific Coast WSP, we proposed a taxonomic and nomenclatural change for the Pacific Coast WSP from Charadrius alexandrinus nivosus to C. nivosus nivosus and for that change to be published in the Code of Federal Regulations (CFR). Based on information presented in that notice (see the notice’s section entitled Taxonomic and Nomenclatural Changes Affecting Charadrius alexandrinus nivosus) and acceptance of the change by the scientific community, we are amending the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h) to identify the listed entity as the western snowy plover (Pacific Coast population DPS) (Charadrius nivosus nivosus), to update the “Historic Range” column to clarify that the historical range of the Pacific Coast population DPS is California, Oregon, Washington, and Mexico, and to update the “Vertebrate population where endangered or threatened” column to indicate that the DPS is threatened in California, Oregon, Washington, and Mexico (within 50 miles of Pacific coast). New Information on Species’ Description, Life History, Ecology, Habitat, and Range 7 We did not receive any new information pertaining to the description, ecology, or habitat of the Pacific Coast WSP following the 2011 revised proposed critical habitat rule (76 FR 16046; March 22, 2011). Climate Change Our analyses under the Act include consideration of ongoing and projected changes in climate. The terms “climate” and “climate change” are defined by the Intergovernmental Panel on Climate Change (IPCC). “Climate” refers to the mean and variability of different types of weather conditions over time, with 30 years being a typical period for such measurements, although shorter or longer periods also may be used (IPCC 2007, p. 78). The term “climate change” thus refers to a change in the mean or variability of one or more measures of climate (e.g., temperature or precipitation) that persists for an extended period, typically decades or longer, whether the change is due to natural variability, human activity, or both (IPCC 2007, p. 78). Various types of changes in climate can have direct or indirect effects on species. These effects may be positive, neutral, or negative, and they may change over time, depending on the species and other relevant considerations, such as the effects of interactions of climate with other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8–14, 18–19). In our analyses, we use our expert judgment to weigh relevant information, including uncertainty, in our consideration of various aspects of climate change. 8 Sea level rise and hydrological changes associated with climate change are having and will continue to have significant effects on Pacific Coast WSP and its habitat over the next several decades.

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