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California Taraxacum); Final Rule Thursday, August 14, 2008 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum californicum (California taraxacum); Final Rule VerDate Aug<31>2005 16:17 Aug 13, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14AUR3.SGM 14AUR3 sroberts on PROD1PC70 with RULES 47706 Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Rules and Regulations DEPARTMENT OF THE INTERIOR and ecology of P. atropurpurea and T. designations, opened April 16, 2008, californicum, refer to the final listing and closed May 16, 2008 (73 FR 20600). Fish and Wildlife Service rule published in the Federal Register During these three public comment on September 14, 1998 (63 FR 49006), periods, we contacted appropriate 50 CFR Part 17 the proposed critical habitat rule Tribal governments; Federal, State, and published in the Federal Register on local agencies and jurisdictions; [FWS–R8–ES–2007–0010; 92210–1117– 0000–B4] August 7, 2007 (72 FR 44232), and the scientific organizations; and other notice of availability (NOA) of the draft interested parties and invited them to RIN 1018–AV04 economic analysis (EA) published in the comment on the proposed critical Federal Register on April 16, 2008 (73 habitat designations for these two Endangered and Threatened Wildlife FR 20600). species and the associated draft EA. and Plants; Designation of Critical During the first comment period, we Habitat for Poa atropurpurea (San Previous Federal Actions received seven comments directly Bernardino bluegrass) and Taraxacum As discussed in the proposed rule (72 addressing the proposed critical habitat californicum (California taraxacum) FR 44232, August 7, 2007), the Service designations: one from a Federal agency; agreed, as part of an April 20, 2007, three from peer reviewers; and three AGENCY: Fish and Wildlife Service, settlement agreement, to submit to the from individual members of the public. Interior. Federal Register a proposed rule to During the second comment period and ACTION: Final rule. designate critical habitat, if prudent, on the January 10, 2008, public hearings, or before July 27, 2007, and a final rule we received eight comments directly SUMMARY: We, the U.S. Fish and by July 25, 2008. The proposed critical addressing the proposed critical habitat Wildlife Service (Service), are habitat designations for Poa designations: five from local designating critical habitat for Poa atropurpurea and Taraxacum governments, two from organizations, atropurpurea and Taraxacum californicum were signed on July 25, and one from an individual member of californicum under the Endangered 2007 and published in the Federal the public. During the third comment Species Act of 1973, as amended (Act). Register on August 7, 2007 (72 FR period, we received four comments Approximately 2,489 acres (ac) (1,009 44232). We also published a reopening directly addressing the proposed critical hectares (ha)) of land in San Bernardino of the public comment period and habitat designations: one from a Federal and San Diego Counties, California, fall notice of public hearings, which were agency, one from a Tribal government, within the boundaries of the critical held in San Bernardino, California on one from a local government, and one habitat designation for P. atropurpurea, January 10, 2008, on December 11, 2007 from an individual member of the and approximately 1,914 ac (775 ha) of (72 FR 70284), and we published a NOA public. We received two comments land in San Bernardino County, of the draft EA (dated April 9, 2008) of directly addressing the draft EA, California, fall within the boundaries of the proposed rule on April 16, 2008 (73 including one from a Federal agency the critical habitat designation for T. FR 20600). and one from an individual member of californicum. For a discussion of additional Federal the public. DATES: This rule becomes effective on actions that occurred prior to the Peer Review September 15, 2008. proposed designations of critical habitat for Poa atropurpurea and Taraxacum In accordance with our policy ADDRESSES: The final rule, final californicum, please refer to the economic analysis, and map of critical published on July 1, 1994 (59 FR ‘‘Previous Federal Actions’’ section of habitat will be available on the Internet 34270), we solicited expert opinions the proposed critical habitat rule (72 FR at http://www.regulations.gov. from three knowledgeable individuals 44232, August 7, 2007) and the final Supporting documentation we used in with scientific expertise that included listing rule (63 FR 49006, September 14, preparing this final rule, will be familiarity with the species, the 1998). available for public inspection, by geographic region where the species appointment, during normal business Summary of Comments and occurs, and conservation biology hours, at the U.S. Fish and Wildlife Recommendations principles. As noted above, we received responses from three of the peer Service, Carlsbad Fish and Wildlife We requested written comments from Office, 6010 Hidden Valley Road, reviewers. the public on the proposed designations We reviewed all comments received Carlsbad, CA 92011; telephone 760– of critical habitat for Poa atropurpurea from the peer reviewers and the public 431–9440; facsimile 760–431–5901. and Taraxacum californicum during for substantive issues and new FOR FURTHER INFORMATION CONTACT: Jim three comment periods. The first information regarding critical habitat for Bartel, Field Supervisor, U.S. Fish and comment period, associated with the Poa atropurpurea and Taraxacum Wildlife Service, Carlsbad Fish and publication of the proposed rule for californicum. All comments received Wildlife Office (see ADDRESSES section). these two species, opened August 7, were grouped into general issue If you use a telecommunications device 2007, and closed October 9, 2007 (72 FR categories relating to the proposed for the deaf (TDD), call the Federal 44232). We received two requests for a critical habitat rule and draft EA for P. Information Relay Service (FIRS) at public hearing during this comment atropurpurea and T. californicum and 800–877–8339. period. The second comment period are addressed in the following summary SUPPLEMENTARY INFORMATION: associated with the publication of a and incorporated into this final rule as notice of public hearings, which were appropriate. Background held in San Bernardino, California on It is our intent to discuss only those January 10, 2008, opened December 11, Peer Reviewer Comments topics directly relevant to the 2007, and closed to January 25, 2008 (72 Comment 1: The peer reviewers’ designations of critical habitat for Poa FR 70284). The third comment period, comments were generally supportive of atropurpurea and Taraxacum associated with the publication of the the proposed designations of critical californicum in this final rule. For more notice of availability of the draft EA habitat. The peer reviewers provided information on the taxonomy, biology, (dated April 9, 2008) of the proposed specific comments on each unit of VerDate Aug<31>2005 16:17 Aug 13, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR3.SGM 14AUR3 sroberts on PROD1PC70 with RULES Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Rules and Regulations 47707 critical habitat. One peer reviewer population sizes reported for these Poa atropurpurea and Taraxacum provided comments primarily on Poa units. californicum within the geographical atropurpurea, one peer reviewer Our Response: We believe that we area occupied by the species at the time provided comments primarily on captured in the proposed rule the of listing (which includes the wet Taraxacum californicum, and the third appropriate extent of habitat in the units meadow habitat that supports the peer reviewer provided comments on to be designated as critical habitat. Each populations). Applying the criterion to both species. Unit 3, Belleville Meadow, critical habitat unit designated contains delineate the wet meadow habitat using was cited as the most important site for the physical and biological features the USFS-modeled potential habitat P. atropurpurea by one peer reviewer essential to the conservation of each specific to each species (Volgarino et al. and as the site containing the most species and supports the primary 2000a, pp. 1–2; 2000b, pp. 1–2) and vigorous population of T. californicum constituent elements (PCEs) for these aerial or satellite imagery resulted in by another. Two commenters stressed two species, including the known differing sizes of critical habitat units the importance of understanding the populations, montane meadow habitat, based on the extent of wet meadow threat caused to T. californicum by and the hydrologic features within habitat in each unit. hybridization with the nonnative T. montane meadows. The hydrologic Comment 3: One peer reviewer stated officinale and urged the development of features create the wet or mesic that he visited Unit 1, Pan Springs a plan to remove T. officinale and conditions that support these two Meadow, several times since 1985 and hybrids from meadows where the two species. As discussed in the ‘‘Criteria observed dozens of Taraxacum species co-occur. One peer reviewer Used to Identify Critical Habitat’’ californicum plants during some years. indicated that the Service should section, we delineated proposed critical While the peer reviewer indicated that investigate the viability and fitness of habitat for Poa atropurpurea and he had not extensively surveyed the hybrid offspring as well as their Taraxacum californicum using the area, he believes there are between 15 breeding system so that appropriate following criteria: (1) Areas occupied by and 20 T. californicum plants in the management could be developed. individuals at the time of listing and area (Krantz 2008a, p. 1). The peer Another peer reviewer stated that even areas currently occupied by these reviewer indicated that this unit has when habitat for T. californicum is species; (2) areas containing one or more biogeographical significance to T.
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