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Yellow-Billed Cuckoo Critical Habitat Under Section 3 and Section 4 of the Act, See the Background Section in the August

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Yellow-Billed Cuckoo Critical Habitat Under Section 3 and Section 4 of the Act, See the Background Section in the August This document is scheduled to be published in the Federal Register on 02/27/2020 and available online at federalregister.gov/d/2020-02642 , and on govinfo.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8– ES–2013–0011; 4500030114] RIN 1018–AZ44 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-billed Cuckoo AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), revise the proposed critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus americanus) under the Endangered Species Act. In total, approximately 493,665 acres (199,779 hectares) are now being proposed for designation as critical habitat in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. If we finalize this rule as proposed, it would extend the Act’s protections to this species’ critical habitat. DATES: We will accept comments on the revised proposed rule that are received or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 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. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 1 ADDRESSES: You may submit comments on the revised proposed rule or draft economic analysis by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter Docket No. FWS–R8–ES–2013– 0011, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. 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–R8–ES–2013–0011; U.S. Fish and Wildlife Service Headquarters, MS: JAO 1/N, 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information). The coordinates or plot points or both from which the critical habitat maps are generated will be included in the decisional record materials for this rulemaking and are available at http://www.regulations.gov at Docket No. FWS–R8–ES–2013–0011, and at the Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento (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 U.S. Fish and Wildlife Service website and field office set out above, and may also be included in the preamble of this rule or at http://www.regulations.gov. 2 FOR FURTHER INFORMATION CONTACT: Jennifer Norris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W–2605, Sacramento, California 95825; or by telephone 916–414–6600. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Scope of this rule. The information presented in this revised proposed rule pertains only to the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (DPS). Any reference to the “species” within this document only applies to the DPS and not to the yellow-billed cuckoo as a whole unless specifically expressed. A complete description of the DPS and area associated with the DPS is contained in the proposed and final listing rules for the western yellow-billed cuckoo published in the Federal Register (78 FR 61621; October 3, 2013, and 79 FR 59992; October 3, 2014). Why we need to publish a rule. Under the Endangered Species Act, any species that is determined to be an endangered or threatened species requires critical habitat to be designated, to the maximum extent prudent and determinable. Designations and revisions of critical habitat can only be completed by issuing a rule. On October 3, 2014, we finalized listing the western yellow-billed cuckoo as a threatened species (79 FR 59992). A proposed critical habitat designation was published in the Federal Register on August 15, 2014 (79 FR 48548). Based on information received from Federal, State, or local government agencies, Tribal entities, and the public, and our review of our previous 3 proposed rule, we have determined to revise our previous proposal, and to propose, as discussed herein, that approximately 493,665 acres (ac) (199,779 hectares (ha)) should be designated as critical habitat for the western yellow-billed cuckoo. The critical habitat areas we are proposing to designate in this rule constitute our current best assessment of the areas that meet the definition of critical habitat for the western yellow-billed cuckoo. Section 4(b)(2) allows the Secretary to exclude areas if the benefits of exclusion outweigh the benefits of inclusion as critical habitat, unless, based on the best available scientific and commercial data available, that exclusion would lead to extinction. In this revised proposed designation, we have identified a total of approximately 145,710 ac (58,968 ha) that we will consider for exclusion from the final designation (see Consideration of Impacts Under Section 4(b)(2) of the Act). What this document does. This is a revised proposed rule to designate critical habitat for the western yellow-billed cuckoo. This revised proposed designation of critical habitat identifies areas that we propose to determine, based on the best scientific and commercial information available, are essential to the conservation of the species or otherwise essential for its conservation. The revised proposed critical habitat comprises 72 units and is located in the States of Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. Draft economic analysis. In order to consider economic impacts of designating critical habitat for the western yellow-billed cuckoo, we have examined the economic information provided in the 2014 proposed rule (see Consideration of Economic Impacts, below, for additional information) and have revised that information based on a revised economic analysis for this revised proposed critical habitat designation. We are 4 soliciting information on the economic impact of the revised proposed designation and will continue to reevaluate the potential economic impacts between our proposed and final designation. The supporting information we used in determining the economic impacts of the revised proposed critical habitat is summarized in this rule (see Consideration of Economic Impacts) and is available at http://www.regulations.gov at Docket No. FWS–R8–ES–2013–0011 and at the Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento (see FOR FURTHER INFORMATION CONTACT). Peer review. In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinions from appropriate and independent knowledgeable individuals on the August 15, 2014, proposed critical habitat rule (79 FR 48548). We received responses from four individuals with scientific expertise that included familiarity with the species, the geographic region in which the species occurs, and conservation biology principles. We reviewed the comments received from these four peer reviewers for substantive issues and new information regarding critical habitat for the western yellow-billed cuckoo. All of the peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve the final critical habitat rule. We have incorporated some of the suggestions made by the peer reviewers into this revised proposed designation. The peer reviewer comments are available at http://www.regulations.gov at Docket No. FWS–R8– ES–2013–0011. We will solicit additional peer review of this revised proposed rule and respond to the peer review comments in the final rule as appropriate. Public comment. We are seeking comments and soliciting information from the public on our revised proposed designation to make sure we consider the best available 5 scientific and commercial information in developing our final designation. Because we will consider all comments and information we receive during the comment period, our final determination may differ from this revised proposal. We will respond to and address comments received in our final rule. Any comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. Information Requested 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 governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning
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