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Department of the Interior Fish and Wildlife Service Monday, July 17, 2006 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 the Peck’s Cave Amphipod, Comal Springs Dryopid Beetle, and Comal Springs Riffle Beetle; Proposed Rule VerDate Aug<31>2005 17:52 Jul 14, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17JYP2.SGM 17JYP2 rwilkins on PROD1PC63 with PROPOSAL_2 40588 Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR in the preparation of this proposed rule, (8) Whether there are data supporting will be available for public inspection, the premise that any or all of the beetles Fish and Wildlife Service by appointment, during normal business are detritivores (detritus-feeding hours at the Austin Ecological Services animals) in spring-influenced riparian 50 CFR Part 17 Office at the above address. zones; RIN 1018–AU75 FOR FURTHER INFORMATION CONTACT: (9) Whether there are any data Robert T. Pine, Supervisor, Austin documenting the need of subsurface Endangered and Threatened Wildlife Ecological Services Office (telephone areas for breeding, feeding, or and Plants; Designation of Critical 512/490–0057; facsimile 512/490–0974). sheltering, or documenting the presence Habitat for the Peck’s Cave Amphipod, SUPPLEMENTARY INFORMATION: of any or all of the beetles in the Comal Springs Dryopid Beetle, and subsurface areas; and Comal Springs Riffle Beetle Public Comments Solicited (10) Whether the benefit of exclusion We intend that any final action of any particular area outweighs the AGENCY: Fish and Wildlife Service, resulting from this proposal will be as benefits of inclusion under section Interior. accurate and as effective as possible. 4(b)(2) of the Act. ACTION: Proposed rule. Therefore, we solicit comments or If you wish to comment, you may suggestions from the public, other submit your comments and materials SUMMARY: We, the U.S. Fish and concerning this proposal by any one of Wildlife Service (Service), propose to concerned governmental agencies, the scientific community, industry, or any several methods (see ADDRESSES section designate areas of occupied, spring- above). Please submit e-mail comments related aquatic habitat in Texas as other interested party concerning this proposed rule. Comments particularly to [email protected] in critical habitat for the Peck’s cave ASCII file format and avoid the use of amphipod (Stygobromus pecki), Comal are sought concerning: (1) The reasons any habitat should or special characters or any form of Springs dryopid beetle (Stygoparnus encryption. Please include ‘‘Attn: Comal comalensis), and Comal Springs riffle should not be determined to be critical habitat as provided by section 4 of the Springs invertebrates’’ in your e-mail beetle (Heterelmis comalensis) under subject header and your name and the Endangered Species Act of 1973, as Act (16 U.S.C. 1531 et seq.), including whether it is prudent to designate return address in the body of your amended (Act). The three listed species message. If you do not receive a are known only from four spring critical habitat; (2) Specific information on the confirmation from the system that we systems in central Texas: Comal Springs distribution and abundance of Peck’s have received your e-mail message, and Hueco Springs in Comal County, cave amphipod, Comal Springs dryopid please contact us directly by calling our and Fern Bank Springs and San Marcos beetle, or Comal Springs riffle beetle Austin Ecological Services Office at Springs in Hays County. The total area and their habitats. Are there additional 512/490–0057. Please note that the e- proposed as critical habitat for the areas occupied at the time of listing that mail address, amphipod is about 38.5 ac (acres) (15.6 should be included in the designations [email protected], will be hectares (ha)), for the dryopid beetle is and why? Are there areas that are not closed at the termination of the public about 39.5 ac (16.0 ha), and for the riffle occupied but which are essential to the comment period. beetle is approximately 30.3 ac (12.3 conservation of the species?; Our practice is to make comments, ha). (3) Land use designations and current including names and home addresses of DATES: We will accept comments from or planned activities in, or adjacent to, respondents, available for public review all interested parties until September the subject areas and their possible during regular business hours. We will 15, 2006. We must receive requests for impacts on proposed critical habitat; not consider anonymous comments, and public hearings in writing at the address (4) Any foreseeable economic, we will make all comments available for shown in the ADDRESSES section by national security, or other potential public inspection in their entirety. August 31, 2006. impacts resulting from the proposed Comments and materials received will ADDRESSES: If you wish to comment, designation and, in particular, any be available for public inspection, by you may submit your comments and impacts on small entities; appointment, during normal business materials concerning this proposal by (5) Whether our approach to hours at the above address. designating critical habitat could be any one of several methods: Role of Critical Habitat in Actual improved or modified in any way to 1. You may submit written comments Practice of Administering and provide for greater public participation and information by mail or hand- Implementing the Act delivery to Robert T. Pine, Supervisor, and understanding, or to assist us in U.S. Fish and Wildlife Service, Austin accommodating public concerns and Attention to, and protection of, Ecological Services Office, 10711 Burnet comments; habitat can be essential to successful Road, Suite 200, Austin, Texas 78758. (6) Are there data supporting the need conservation actions. The role that 2. You may send your comments by for subsurface vegetation (e.g., roots that designation of critical habitat plays in electronic mail (e-mail) to can penetrate into the aquifer) for protecting habitat of listed species, [email protected]. Please sheltering, breeding, or feeding habitat however, is often misunderstood. As see the Public Comments Solicited for any or all of the listed invertebrates? discussed in more detail below in the section below for file format and other If so, does the 50-foot (ft) distance discussion of exclusions under section information about electronic filing. appropriately define the lateral extent of 4(b)(2) of the Act, there are significant 3. You may fax your comments to critical habitat to provide for the PCEs limitations on the regulatory effect of 512/490–0974. related to the surface vegetation that designation under section 7(a)(2) of the 4. You may submit comments via the produces the subsurface vegetation (e.g., Act. In brief, (1) designation provides Federal eRulemaking Portal: http:// roots)?; additional protection to habitat only www.regulations.gov. Follow the (7) Whether populations of Comal where there is a Federal nexus; (2) the instructions for submitting comments. Springs riffle beetles may exist protection is relevant only when, in the Comments and materials received, as elsewhere in Spring Lake such as spring absence of designation, destruction or well as supporting documentation used outlets; adverse modification of the critical VerDate Aug<31>2005 17:52 Jul 14, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\17JYP2.SGM 17JYP2 rwilkins on PROD1PC63 with PROPOSAL_2 Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Proposed Rules 40589 habitat would in fact take place (in other of excessive litigation. As a result, requesting and responding to public words, other statutory or regulatory critical habitat designations are driven comment, and in some cases the costs protections, policies, or other factors by litigation and courts rather than of compliance with the National relevant to agency decision-making biology, and are made at a time and Environmental Policy Act (NEPA; 42 would not prevent the destruction or under a time frame that limits our U.S.C. 4371 et seq.). These costs, which adverse modification); and (3) ability to obtain and evaluate the are not required for many other designation of critical habitat triggers scientific and other information conservation actions, directly reduce the the prohibition of destruction or adverse required to make the designation most funds available for direct and tangible modification of that habitat, but it does meaningful. conservation actions. not require specific actions to restore or In light of these circumstances, the Background improve habitat. Service believes that additional agency Currently, 475 species, or 36 percent, discretion would allow our focus to It is our intent to discuss only those of the 1,311 listed species in the United return to those actions that provide the topics directly relevant to the States under the jurisdiction of the greatest benefit to the species most in designation of critical habitat in this Service have designated critical habitat. need of protection. proposed rule. For more information on We address the habitat needs of all these species, refer to the final rule Procedural and Resource Difficulties in 1,311 listed species through listing the Peck’s cave amphipod, Comal Designating Critical Habitat conservation mechanisms such as Springs dryopid beetle, and Comal listing, section 7 consultations, the We have been inundated with Springs riffle beetle that published in section 4 recovery planning process, the lawsuits for our failure to designate the Federal Register on December 18, section 9 protective prohibitions of critical habitat, and we face a growing 1997 (62 FR 66295). unauthorized take, section 6 funding to number of lawsuits challenging critical All three of the listed species the States, the section 10 incidental take habitat determinations once they are proposed for critical habitat designation permit process, and cooperative, non- made.
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