Wednesday, October 18, 2006 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Piperia yadonii (Yadon’s piperia); Proposed Rule VerDate Aug<31>2005 17:52 Oct 17, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18OCP2.SGM 18OCP2 jlentini on PROD1PC65 with PROPOSAL2 61546 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR 1766, ext. 319; facsimile (805) 644– file format and avoid the use of special 3958). characters or any form of encryption. Fish and Wildlife Service SUPPLEMENTARY INFORMATION: Please also include ‘‘Attn: Yadon’s piperia’’ in your e-mail subject header 50 CFR Part 17 Public Comments Solicited and your name and return address in RIN 1018–AU34 We intend that any final action the body of your message. If you do not resulting from this proposal will be as receive a confirmation from the system Endangered and Threatened Wildlife accurate and as effective as possible. that we have received your e-mail and Plants; Proposed Designation of Therefore, comments or suggestions message, contact us directly by calling Critical Habitat for Piperia Yadonii from the public, other concerned our VFWO at phone number (805) 644– (Yadon’s Piperia) governmental agencies, the scientific 1766, ext. 333. Please note that the e- community, industry, or any other mail address [email protected] will be AGENCY: Fish and Wildlife Service, interested party concerning this closed out at the termination of the Interior. proposed rule are hereby solicited. public comment period. Our practice is to make comments, ACTION: Proposed rule. Comments particularly are sought including names and home addresses of concerning: SUMMARY: We, the U.S. Fish and respondents, available for public review (1) The reasons any habitat should or Wildlife Service (Service), propose to during regular business hours. should not be determined to be critical designate critical habitat for the Individual respondents may request that habitat as provided by section 4 of the endangered Piperia yadonii (Yadon’s we withhold their names and/or home Act, including whether the benefit of piperia) pursuant to the Endangered addresses, etc. but if you wish us to designation will outweigh any threats to Species Act of 1973, as amended (Act). consider withholding this information In total, approximately 2,306 acres (ac) the species due to designation; you must state this prominently at the (930 hectares (ha)) fall within the (2) Specific information on the beginning of your comments. In boundaries of the proposed critical amount and distribution of Piperia addition, you must present a rationale habitat designation. The proposed yadonii habitat, what areas should be for withholding this information. This critical habitat is located in Monterey included in the designations that were rational must demonstrate that County, California. occupied at the time of listing and disclosure would constitute a clearly contain the features that are essential for DATES: unwarranted invasion of privacy. We will accept comments from the conservation of the species and why, all interested parties until December 18, Unsupported assertions will not meet and what areas that were not occupied this burden. In the absence of 2006. We must receive requests for at the listing are essential to the public hearings, in writing, at the exceptional, documentable conservation of the species and why; circumstances, this information will be address shown in the ADDRESSES section (3) Our mapping methodology and by December 4, 2006. released. We will always make criteria used for determining critical submissions from organizations or ADDRESSES: If you wish to comment, habitat as well as any additional businesses, and from individuals you may submit your comments and information on features essential for the materials concerning this proposal by identifying themselves as conservation of the species; representatives of or officials of any one of several methods: (4) Land use designations and current organizations or businesses, available 1. You may submit written comments or planned activities in the subject areas for public inspection in their entirety. and information to the Field Supervisor, and their possible impacts on proposed Comments and materials received will U.S. Fish and Wildlife Service, Ventura critical habitat; be available for public inspection, by Fish and Wildlife Office (VFWO), 2493 (5) The existence of conservation appointment, during normal business Portola Road, Suite B, Ventura, agreements, management plans, or hours at the U.S. Fish and Wildlife California 93003. strategies that should be considered in Service Office at the above address. 2. You may hand-deliver written determining whether to exclude lands comments to our Ventura Fish and from the designation. If the Secretary Role of Critical Habitat in Actual Wildlife Office, at the above address. determines the benefits of excluding Practice of Administering and 3. You may send comments by lands outweigh the benefits of including Implementing the Act electronic mail (e-mail) to them, lands will be excluded from the Attention to and protection of habitat [email protected]. Please see the Public final critical habitat designation; is paramount to successful conservation Comments Solicited section below for (6) Any foreseeable economic, actions. The role that designation of file format and other information about national security, or other potential critical habitat plays in protecting electronic filing. impacts resulting from the proposed habitat of listed species, however, is 4. You may fax your comments to designation and, in particular, any often misunderstood. As discussed in (805) 644–3958. impacts on small entities; and more detail below in the discussion of 5. You may go to the Federal (7) Whether our approach to exclusions under section 4(b)(2) of the eRulemaking Portal: http:// designating critical habitat could be Act, there are significant limitations on www.regulations.gov. improved or modified in any way to the regulatory effect of designation Comments and materials received, as provide for greater public participation under section 7(a)(2) of the Act. In brief, well as supporting documentation used and understanding, or to assist us in (1) designation provides additional in the preparation of this proposed rule, accommodating public concerns and protection to habitat only where there is will be available for public inspection, comments. a federal nexus; (2) the protection is by appointment, during normal business If you wish to comment, you may relevant only when, in the absence of hours at our VFWO, at the above submit your comments and materials designation, destruction or adverse address (telephone (805) 644–1766). concerning this proposal by any one of modification of the critical habitat FOR FURTHER INFORMATION CONTACT: several methods (see ADDRESSES would in fact take place (in other words, Diane Noda, Field Supervisor, VFWO, at section). Please submit electronic other statutory or regulatory protections, the above address (telephone (805) 644– comments to [email protected] in ASCII policies, or other factors relevant to VerDate Aug<31>2005 17:52 Oct 17, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\18OCP2.SGM 18OCP2 jlentini on PROD1PC65 with PROPOSAL2 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61547 agency decision-making would not a timeframe that limits our ability to These costs, which are not required for prevent the destruction or adverse obtain and evaluate the scientific and many other conservation actions, modification); and (3) designation of other information required to make the directly reduce the funds available for critical habitat triggers the prohibition designation most meaningful. direct and tangible conservation actions. of destruction or adverse modification In light of these circumstances, the Background of that habitat, but it does not require Service believes that additional agency specific actions to restore or improve discretion would allow our focus to It is our intent to discuss only those habitat. return to those actions that provide the topics directly relevant to the Currently, only 475 species, or 36 greatest benefit to the species most in designation of critical habitat in this percent of the 1,311 listed species in the need of protection. proposed rule and that clarify the U.S. under the jurisdiction of the species description and biology Procedural and Resource Difficulties in Service, have designated critical habitat. provided in the final listing rule. For Designating Critical Habitat We address the habitat needs of all more information on Piperia yadonii, 1,311 listed species through We have been inundated with refer to the final listing rule published conservation mechanisms such as lawsuits for our failure to designate in the Federal Register on August 12, listing, section 7 consultations, the critical habitat, and we face a growing 1998 (63 FR 43100). section 4 recovery planning process, the number of lawsuits challenging critical Piperia yadonii is a perennial herb in section 9 protective prohibitions of habitat determinations once they are the Orchidaceae (Orchid family), which unauthorized take, section 6 funding to made. These lawsuits have subjected the produces one or two basal strap-shaped the States, the section 10 incidental take Service to an increasing series of court leaves that grow from an underground permit process, and cooperative, orders and court-approved settlement tuber (the storage organ which persists nonregulatory efforts with private agreements, which complying with now when the species is not present landowners. The Service believes that it consumes nearly the entire listing aboveground). P. yadonii leaves emerge is these measures that may make the program budget. This leaves the Service in late fall or winter, after the soils are difference between extinction and with little ability to prioritize its saturated by the onset of California’s survival for many species. activities to direct scarce listing wet season rains.