Department of the Interior Fish and Wildlife Service
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Friday, December 17, 2004 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 the Pacific Coast Population of the Western Snowy Plover; Proposed Rule VerDate jul<14>2003 17:27 Dec 16, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17DEP2.SGM 17DEP2 75608 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules DEPARTMENT OF THE INTERIOR If this proposal is made final, section 3. You may send comments by 7 of the Act would prohibit destruction electronic mail (e-mail) to Fish and Wildlife Service or adverse modification of critical [email protected]. Please see the habitat by any activity authorized, Public Comments Solicited section 50 CFR Part 17 funded, or carried out by any Federal below for file format and other RIN 1018–AT89 agency. As required by section 4 of the information about electronic filing. In Act, we will consider the economic and the event that our internet connection is Endangered and Threatened Wildlife other relevant impacts prior to making not functional, please submit your and Plants; Proposed Designation of a final decision on what areas to comments by the alternate methods Critical Habitat for the Pacific Coast designate as critical habitat. mentioned above. Population of the Western Snowy We hereby solicit information and The comments and materials Plover comments from the public on all aspects received, as well as supporting of this proposal, including data on the documentation used in the preparation AGENCY: Fish and Wildlife Service, economic and other impacts of of this proposed rule, will be available Interior. designation as well as any benefits of for public inspection, by appointment, ACTION: Proposed rule. the designation (see Public Comments during normal business hours at the SUMMARY: We, the U.S. Fish and Solicited section below). We are also above address. Wildlife Service (Service), propose to specifically soliciting public comments FOR FURTHER INFORMATION CONTACT: For designate critical habitat for the Pacific on the appropriateness of excluding general information about this proposed coast distinct population segment of the lands covered by certain approved and rule, or information on units CA 7 western snowy plover (Charadrius pending habitat conservation plans or through CA 10, or on units considered alexandrinus nivosus) pursuant to the management plans, and Department of to include habitat essential to the Endangered Species Act of 1973, as Defense lands pursuant to section conservation of the plover but excluded amended (Act). In developing this 4(b)(2) and 4(a)(3) of the Act from this for the San Francisco Bay area, contact proposal, we evaluated those lands proposed designation. We may revise Glen Tarr or Arnold Roessler, determined to contain habitat features this proposal prior to final designation Sacramento Fish and Wildlife Office, essential to the conservation of the to incorporate or address new 2800 Cottage Way, W–2605 Sacramento, Pacific coast population of the western information received during the CA 95825 (telephone 916–414–6600; snowy plover to ascertain if any specific comment period. facsimile 916–414–6712). areas are appropriate for exclusion from In the development of our final For information on units WA 1 critical habitat pursuant to section designation, we will incorporate or through WA 4, contact Martha Jensen, 4(b)(2) of the Act. Section 4(b)(2) address any new information received Western Washington Fish and Wildlife requires us to take into account during the public comment periods, or Office, 510 Desmond Dr. SE., Lacey, WA economic and other impacts resulting from our evaluation of the potential 98503 (telephone 360–753–9000; from designation, and allows us to economic impacts of this proposal. As facsimile 360–534–9331). exclude areas with essential habitat such, we may revise this proposal to For information on units OR 1 features if the benefits of exclusion address new information and/or to through OR 12, contact Fred Seavey, outweigh those of designation. either exclude additional areas that may Newport Field Office, 2127 SE Marine Additionally, the newly amended warrant exclusion pursuant to section Dr., Newport, OR 97365–5258 section 4(a)(3) requires exclusion of 4(b)(2) or to add in those areas (telephone 541–867–4558 ext. 239; military lands subject to an Integrated determined to contain essential habitat facsimile 541–867–4551). Natural Resources Management Plan features but excluded from this For information on units CA 1 (INRMP) that benefits the species. We proposal. through CA 6, contact Jim Watkins, have excluded several units based on DATES: We will accept comments from Arcata Fish and Wildlife Office, 1655 these provisions. Additionally, we have all interested parties until February 15, Heindon Rd., Arcata, CA 95521 considered, but are not proposing, 2005. We must receive requests for (telephone 707–822–7201; facsimile several areas that were either public hearings, in writing, at the 707–822–8411). unoccupied at the time of listing (1993) address shown in the ADDRESSES section For information on units CA 11 or are unoccupied now. We include by January 31, 2005. The specific times, through CA 19, contact Mike McCrary, descriptions and maps of these areas dates, and locations for any hearings Ventura Fish and Wildlife Office, 2493 and are soliciting public comment will be announced in the Federal Portola Rd., Suite B, Ventura, CA 93003 regarding the appropriateness of Register in the coming months. (telephone 805–644–1766; facsimile including any of these areas in the final ADDRESSES: If you wish to comment, 805–644–3958). critical habitat designation. We propose you may submit your comments and For information on units CA 20 to designate approximately 17,299 acres materials concerning this proposal by through CA 27, contact Kevin Clark, (ac) (7,001 hectares (ha)) within 35 units any one of several methods: Carlsbad Fish and Wildlife Office, 6010 along the coasts of California, Oregon, 1. You may submit written comments Hidden Valley Rd., Carlsbad, CA 92009 and Washington. This rule is being and information to Wayne White, Field (telephone 760–431–9440). proposed pursuant to a court order Supervisor, U.S. Fish and Wildlife SUPPLEMENTARY INFORMATION: issued in July 2003, partially vacating Service, Sacramento Fish and Wildlife critical habitat established for the Office, 2800 Cottage Way, W–2605, Public Comments Solicited Pacific coast population of the western Sacramento, California 95825 We intend that any final action snowy plover and remanding the (telephone 916–414–6600). resulting from this proposal will be as previous designation of critical habitat 2. You may hand-deliver written accurate and as effective as possible. for preparation of a new analysis of the comments to our Sacramento Fish and Therefore, comments or suggestions economic impacts (Coos County Board Wildlife Office, at the address given from the public, other concerned of County Commissioners et al. v. above, or fax your comments to 916– governmental agencies, the scientific Department of the Interior et al.). 414–6713. community, industry, or any other VerDate jul<14>2003 17:27 Dec 16, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\17DEP2.SGM 17DEP2 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75609 interested parties concerning this have received your Internet message, critical habitat is of little additional proposed rule are hereby solicited. contact us directly by calling our value for most listed species, yet it Comments are particularly sought Sacramento Fish and Wildlife Office at consumes large amounts of conservation concerning: phone number 916–414–6600. Please resources. Sidle (1987) stated, ‘‘Because (1) The reasons why any habitat note that the e-mail address the Act can protect species with and should or should not be determined to [email protected] will be closed out at without critical habitat designation, be critical habitat as provided by section the termination of the public comment critical habitat designation may be 4 of the Act, including whether the period. redundant to the other consultation benefit of designation will outweigh any Our practice is to make comments, requirements of section 7.’’ Currently, threats to the species due to designation; including names and home addresses of only 445 species or 36 percent of the (2) Specific information on the respondents, available for public review 1,244 listed species in the U.S. under amount and distribution of western during regular business hours. the jurisdiction of the Service have snowy plover habitat, and what habitat Individual respondents may request that designated critical habitat. We address features and areas are essential to the we withhold their home addresses from the habitat needs of all 1,244 listed conservation of the species and why; the rulemaking record, which we will species through conservation (3) Land use designations and current honor to the extent allowable by law. mechanisms such as listing, section 7 or planned activities in the subject areas There also may be circumstances in consultations, the Section 4 recovery and their possible impacts on proposed which we would withhold from the planning process, the Section 9 critical habitat; rulemaking record a respondent’s protective prohibitions of unauthorized (4) Any foreseeable economic or other identity, as allowable by law. If you take, Section 6 funding to the States, potential impacts resulting from the wish us to withhold your name and/or and the Section 10 incidental take proposed designation and, in particular, address, you must state this permit process. The Service believes any impacts on small entities; and prominently at the beginning of your that it is these measures that may make (5) Whether our approach to comment. However, we will not the difference between extinction and designating critical habitat could be consider anonymous comments.