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29336 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR available at the Fish and Wildlife analysis of the designation of critical Service Web site and Field Office set out habitat. In order to consider economic Fish and Wildlife Service above, and may also be included in the impacts, we prepared an incremental preamble and at http:// effects memorandum and a screening 50 CFR Part 17 www.regulations.gov. analysis, which together with our [Docket No. FWS–R1–ES–2013–0088; FOR FURTHER INFORMATION CONTACT: Eric narrative and interpretation of effects 4500030114] V. Rickerson, State Supervisor, U.S. we consider our draft economic analysis (DEA) of the proposed critical habitat RIN 1018–AZ56 Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond designation and related factors. The analysis, dated April 30, 2014, was Endangered and Threatened Wildlife Drive SE., Suite 102, Lacey, WA 98503, made available for public review from by telephone 360–753–9440, or by and Plants; Designation of Critical June 18, 2014, through July 18, 2014 (79 facsimile 360–753–9445. If you use a Habitat for the Oregon Spotted Frog FR 34685). The analysis was made telecommunications device for the deaf available for review a second time when AGENCY: Fish and Wildlife Service, (TDD), call the Federal Information we reopened the comment period from Interior. Relay Service (FIRS) at 800–877–8339. ACTION: Final rule. September 9, 2014, through September SUPPLEMENTARY INFORMATION: 23, 2014 (79 FR 53384). The DEA SUMMARY: We, the U.S. Fish and Executive Summary addressed probable economic impacts of Wildlife Service (Service), designate critical habitat designation for the Why we need to publish a rule. This critical habitat for the Oregon spotted Oregon spotted frog. Following the close is a final rule to designate critical frog (Rana pretiosa) under the of the comment period, we reviewed habitat for the Oregon spotted frog. Endangered Species Act. In total, and evaluated all information submitted Under the Endangered Species Act of approximately 65,038 acres (26,320 during the comment period that may 1973, as amended (16 U.S.C. 1531 et hectares) and 20.3 river miles (32.7 river pertain to our consideration of the seq.) (ESA or Act), any species that is kilometers) in Whatcom, Skagit, probable incremental economic impacts determined to be an endangered or Thurston, Skamania, and Klickitat of this critical habitat designation. We threatened species requires critical Counties in Washington, and Wasco, have incorporated the comments into habitat to be designated, to the Deschutes, Klamath, Lane, and Jackson this final determination. maximum extent prudent and Counties in Oregon, fall within the Peer review and public comment. We determinable. Designations and boundaries of the critical habitat sought comments from independent revisions of critical habitat can only be designation. The effect of this regulation specialists to ensure that our completed by issuing a rule. is to designate critical habitat for the designation is based on scientifically We, the U.S. Fish and Wildlife sound data and analyses. We solicited Oregon spotted frog under the Service (Service), listed the Oregon Endangered Species Act. opinions from nine knowledgeable spotted frog as a threatened species on individuals with scientific expertise to DATES: This rule becomes effective on August 29, 2014 (79 FR 51658). On review our technical assumptions, June 10, 2016. August 29, 2013, we published in the analysis, and whether or not we used ADDRESSES: This final rule is available Federal Register a proposed critical the best available information. Five on the internet at http:// habitat designation for the Oregon individuals provided comments. These www.regulations.gov and http:// spotted frog (78 FR 53538). On June 18, peer reviewers generally concurred with www.fws.gov/wafwo. Comments and 2014, we published in the Federal our methods and conclusions and materials we received, as well as some Register a proposed refinement to the provided additional information, supporting documentation we used in August 29, 2013, proposal (79 FR clarifications, and suggestions to preparing this final rule, are available 34685). Section 4(b)(2) of the Act states improve this final rule. Information we for public inspection at http:// that the Secretary shall designate critical received from peer review is www.regulations.gov. All of the habitat on the basis of the best available incorporated in this final designation. comments, materials, and scientific data after taking into We also considered all comments and documentation that we considered in consideration the economic impact, information received from the public this rulemaking are available by national security impact, and any other during the comment period. appointment, during normal business relevant impact of specifying any hours at: U.S. Fish and Wildlife Service, particular area as critical habitat. Previous Federal Actions Washington Fish and Wildlife Office, The critical habitat areas we are The Service listed the Oregon spotted 510 Desmond Drive SE., Suite 102, designating in this rule constitute our frog as a threatened species on August Lacey, WA 98503, by telephone 360– current best assessment of the areas that 29, 2014 (79 FR 51658). A list of the 753–9440 or by facsimile 360–753– meet the definition of critical habitat for previous Federal actions can be found 9445. the Oregon spotted frog. Here we are in the final listing rule and in the The coordinates or plot points or both designating approximately 65,038 acres proposal to designate critical habitat (78 from which the maps are generated are (ac) (26,320 hectares) (ha)) and 20.3 FR 53538, August 29, 2013). included in the administrative record river miles (mi) (32.7 river kilometers for this critical habitat designation and (km)) in 14 units as critical habitat in Summary of Comments and are available at http:// Washington and Oregon for the Oregon Recommendations www.regulations.gov at Docket No. spotted frog. We requested written comments from FWS–R1–ES–2013–0088, and at the This rule consists of: A final rule for the public on the proposed designation Washington Fish and Wildlife Office designation of critical habitat for the of critical habitat for the Oregon spotted (http://www.fws.gov/wafwo) (see FOR Oregon spotted frog. The Oregon spotted frog during three comment periods. The FURTHER INFORMATION CONTACT). Any frog was listed as threatened under the first comment period associated with additional tools or supporting Act. This rule designates critical habitat the publication of the proposed rule (78 information that we developed for this necessary for the conservation of the FR 53538) opened on August 29, 2013, critical habitat designation will also be species. We have prepared an economic and closed on November 12, 2013. We VerDate Sep<11>2014 17:56 May 10, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11MYR2.SGM 11MYR2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations 29337 opened a second comment period on critical habitat for the Oregon spotted Our response: The primary June 18, 2014, to allow for comment on frog. Two of the peer reviewers constituent element (PCE) characteristic the DEA and associated perceptional provided additional information, of inundation for a minimum of 4 effects memorandum, as well as a clarifications, and suggestions to months per year is applied to both the revised proposed rule with changes to improve the final critical habitat rule. breeding and rearing habitats. This is the critical habitat designation; this We evaluated and incorporated this not counter to the information discussed period closed on July 18, 2014 (79 FR information into this final rule when by the peer reviewer. However, 34685). A third comment period opened and where appropriate to clarify this throughout the range of the species, not September 9, 2014, to allow for final designation. Two peer reviewers all breeding areas are shallow, additional comment on the DEA and provided substantive comments on the seasonally inundated areas that cannot associated perceptional effects proposed designation of critical habitat support rearing, such that tadpoles must memorandum, and on the changes to for the Oregon spotted frog, which we out-migrate. For example, some proposed critical habitat we announced address below. Peer reviewer comments breeding areas in Oregon and on June 18, 2014; it closed on are addressed in the following summary Washington retain water throughout the September 23, 2014 (79 FR 53384). We and incorporated into the final rule as rearing phase. Due to the variations received one request for a public appropriate. across the range, we believe the hearing; however, the request was from characteristic of inundation for a Peer Reviewer Comments a county in California where the species minimum of 4 months is appropriate. is not known to currently occur (see (1) Comment: One peer reviewer Comments From Federal Agencies Response to Comment 22). However, we expressed concern that Unit 7 does not did hold a public hearing on October 21, sufficiently delineate the habitat (3) Comment: One commenter from 2013, in Lacey, Washington. In addition, currently used by the population of the U.S. Environmental Protection multiple informal public meetings were Oregon spotted frogs in that area, Agency, two State commenters (one held in the Bend and Klamath Falls specifically Camas Prairie. The western from Washington Department of Ecology areas in Oregon. We also contacted boundary was drawn around what (WDOE) and one from Washington appropriate Federal, State, and local appear to be wetlands on aerial Department of Fish and Wildlife agencies; scientific organizations; and photographs, but does not account for (WDFW), Whatcom County, and one other interested parties and invited the primary wintering sites, such as member of the public expressed the them to comment on the proposed rule springs, small streams, and immediately opinion that the portion of Swift Creek and DEA during these comment periods.
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