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Final Rule: Revised Critical Habitat for the Southwestern Willow Flycatcher

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Final Rule: Revised Critical Habitat for the Southwestern Willow Flycatcher Vol. 78 Thursday, No. 2 January 3, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Southwestern Willow Flycatcher; Final Rule VerDate Mar<15>2010 15:06 Jan 02, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03JAR2.SGM 03JAR2 emcdonald on DSK67QTVN1PROD with 344 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR telephone 602–242–0210; facsimile environmental consequences resulting 602–242–2513. from the proposed action of designating Fish and Wildlife Service The coordinates or plot points or both revised critical habitat for the flycatcher. from which the critical habitat maps are We announced the availability of the 50 CFR Part 17 generated are included in the draft economic analysis and draft [Docket No. FWS–R2–ES–2011–0053; administrative record for this critical environmental assessment in the 4500030114] habitat designation and are available at Federal Register on July 12, 2012 (77 FR http://www.fws.gov/southwest/es/ 41147), allowing the public to provide RIN 1018–AX43 arizona, www.regulations.gov at Docket comments on our analyses. We have No. FWS–R2–ES–2011–0053, and at the considered the comments and have Endangered and Threatened Wildlife Arizona Ecological Services Office (see completed the final economic analysis and Plants; Designation of Critical FOR FURTHER INFORMATION CONTACT). and final environmental assessment Habitat for Southwestern Willow Any additional tools or supporting concurrently with this final Flycatcher information that we may develop for determination. AGENCY: Fish and Wildlife Service, this critical habitat designation will also Peer review and public comment. We Interior. be available at the Fish and Wildlife sought comments from independent specialists to ensure that our ACTION: Final rule. Service Web site and Field Office set out above, and may also be included in the designation is based on scientifically SUMMARY: We, the U.S. Fish and preamble or at http:// sound data and analyses. We obtained Wildlife Service (Service), designate www.regulations.gov. opinions from four knowledgeable individuals with scientific expertise to revised critical habitat for the FOR FURTHER INFORMATION CONTACT: review our technical assumptions, southwestern willow flycatcher Steve Spangle, Field Supervisor, U.S. (Empidonax traillii extimus) (flycatcher) analysis, and whether or not we had Fish and Wildlife Service, Arizona used the best available information. under the Endangered Species Act. In Ecological Services Office, 2321 West total, approximately 1,975 stream These peer reviewers generally Royal Palm Rd., Suite 103, Phoenix, AZ concurred with our methods and kilometers (1,227 stream miles) are 85021; telephone 602–242–0210; being designated as critical habitat. conclusions and provided additional facsimile 602–242–2513. If you use a information, clarifications, and These areas are designated as stream telecommunications device for the deaf segments, with the lateral extent suggestions to improve this final rule. (TDD), call the Federal Information Information we received from peer including the riparian areas and streams Relay Service (FIRS) at 800–877–8339. that occur within the 100-year review is incorporated in this final SUPPLEMENTARY INFORMATION: floodplain or flood-prone areas revised designation. We also considered encompassing a total area of Executive Summary all comments and information received approximately 84,569 hectares (208,973 from the public during the comment Why we need to publish a rule. This period. acres). The critical habitat is located on is a final rule to revise the designation a combination of Federal, State, tribal, of critical habitat for the southwestern Previous Federal Actions and private lands in Inyo, Kern, Los willow flycatcher (flycatcher). Under The flycatcher was listed as Angeles, Riverside, Santa Barbara, San the Endangered Species Act (Act), any endangered under the Act (16 U.S.C. Bernardino, San Diego, and Ventura species that is determined to be an 1531 et seq.) on February 27, 1995 (60 Counties in California; Clark, Lincoln, endangered or threatened species FR 10694). On July 22, 1997, we and Nye Counties in southern Nevada; requires critical habitat to be designated, published a final critical habitat Kane, San Juan, and Washington to the maximum extent prudent and designation for the flycatcher along 964 Counties in southern Utah; Alamosa, determinable. Designations and river km (599 river mi) in Arizona, Conejos, Costilla, and La Plata Counties revisions of critical habitat can only be California, and New Mexico (62 FR in southern Colorado; Apache, Cochise, completed by issuing a rule. 39129). We published a correction Gila, Graham, Greenlee, La Paz, The revised critical habitat areas we notice on August 20, 1997, on the lateral Maricopa, Mohave, Pima, Pinal, Santa are designating in this rule constitute extent of critical habitat (62 FR 44228). Cruz, and Yavapai Counties in Arizona; our current best assessment of the areas As a result of a 1998 lawsuit from the and Catron, Grant, Hidalgo, Mora, Rio that meet the definition of flycatcher New Mexico Cattle Growers’ Arriba, Socorro, Taos, and Valencia critical habitat. In total, we are Association, on October 19, 2005 (70 FR Counties in New Mexico. The effect of designating as flycatcher critical habitat 60886), we published a revised final this regulation is to conserve the approximately 1,975 stream kilometers flycatcher critical habitat rule for flycatcher’s habitat under the (km) (1,227 stream miles (mi)) portions of Arizona, California, New Endangered Species Act. encompassing a total area of Mexico, Nevada, and Utah, totaling DATES: This rule becomes effective on approximately (84,569 hectares (ha), approximately 48,896 ha (120,824 ac) or February 4, 2013. (208,973 acres (ac)) in 24 Management 1,186 km (737 mi). River segments were ADDRESSES: This final rule is available Units. designated as critical habitat in 15 of the on the Internet at http:// We have prepared an economic 32 Management Units described in the www.regulations.gov, Docket No. FWS– analysis and environmental assessment Recovery Plan (Service 2002, p. 63). R2–ES–2011–0053. Comments and for the designation of critical habitat. In We were sued by the Center for materials received, as well as supporting order to consider economic impacts, we Biological Diversity over our 2005 documentation used in preparing this have prepared an analysis of the critical habitat rule, and on July 13, final rule, are available for public economic impacts of the critical habitat 2010, we agreed to redesignate critical inspection, by appointment, during designations and related factors. The habitat. The resulting settlement left the normal business hours, at the U.S. Fish purpose of the environmental existing critical habitat designation from and Wildlife Service, Arizona Ecological assessment, prepared pursuant to the 2005 in effect. We proposed a flycatcher Services Office, 2321 West Royal Palm National Environmental Policy Act critical habitat revision on August 15, Rd., Suite 103, Phoenix, AZ 85021; (NEPA), is to identify and disclose the 2011 (76 FR 50542), and additional VerDate Mar<15>2010 15:06 Jan 02, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03JAR2.SGM 03JAR2 emcdonald on DSK67QTVN1PROD with Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Rules and Regulations 345 proposal information was included in Distribution by foraging, migrating, and dispersing our July 12, 2012 (77 FR 41147), rule flycatchers for food, cover, and shelter. reopening the comment period. We The known geographical area At the time of listing, breeding sites requested and received an extension to historically occupied by migrating and in California, Nevada, Utah, and allow a final rule to be delivered to the breeding flycatchers includes southern Colorado described by Unitt (1987, pp. California, southern Nevada, southern Federal Register by December 14, 2012. 149–152) were adopted as the Utah, southern Colorado, Arizona, New subspecies’ northern boundary. Background Mexico, western Texas, and extreme However, the collection and analysis of northwestern Mexico (Hubbard 1987, genetic material across this part of the Additional background information pp. 6–10; Unitt 1987, pp. 144–152; flycatcher’s range has since refined this on the flycatcher, beyond what is Browning 1993, pp. 248, 250). The boundary (Paxton 2000, pp. 3, 18–20), provided below, can be found in the flycatcher’s current range is similar to and reduced the extent of the northern proposed revision of flycatcher critical the historical range, but the quantity of boundary of the southwestern habitat published on August 15, 2011 suitable habitat within that range is subspecies in Utah and Colorado (76 FR 50542), as well as the final reduced from historical levels (Service (Service 2002, Figure 3). Territories flycatcher critical habitat rule published 2002, pp. 7–10). Flycatchers nest within once believed to be held by in the Federal Register on October 19, the southwestern United States from southwestern willow flycatchers in Utah 2005 (70 FR 60886); our October 12, about May to September (Sogge et al. and Colorado are now more accurately 2004, proposed critical habitat rule (69 2010, p. 11). known to be occupied by a different, FR 60706); the Southwestern Willow At the time of listing
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