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Department of the Interior Vol. 78 Thursday, No. 192 October 3, 2013 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 Taylor’s Checkerspot Butterfly and Streaked Horned Lark; Final Rule VerDate Mar<15>2010 18:36 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03OCR3.SGM 03OCR3 tkelley on DSK3SPTVN1PROD with RULES3 61506 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR by appointment, at the Washington Fish Washington; and in Benton County in and Wildlife Office (see FOR FURTHER Oregon. Fish and Wildlife Service INFORMATION CONTACT). Any additional • Approximately 4,629 ac (1,873 ha) tools or supporting information that we in two units for the streaked horned lark 50 CFR Part 17 developed for this critical habitat in Grays Harbor, Pierce, Pacific, and [Docket No. FWS–R1–ES2013–0009; designation will also be available at the Wahkiakum Counties in Washington; 4500030114] Fish and Wildlife Service Web site and and in Clatsop, Columbia, Marion, Polk, field office set out above, and may also and Benton Counties in Oregon. RIN 1081–AZ36 be included at http:// We have prepared an economic www.regulations.gov. analysis of the designation of critical Endangered and Threatened Wildlife habitat. We have prepared an analysis FOR FURTHER INFORMATION CONTACT: Ken and Plants; Designation of Critical of the probable economic impacts of the Berg, Manager, U.S. Fish and Wildlife Habitat for Taylor’s Checkerspot critical habitat designations and related Service, Washington Fish and Wildlife Butterfly and Streaked Horned Lark factors. We announced the availability Office, 510 Desmond Drive, Suite 102, of the draft economic analysis (DEA) in AGENCY: Fish and Wildlife Service, Lacey, WA 98503–1263; by telephone the Federal Register on April 3, 2012 Interior. 360–753–9440; or by facsimile 360– (78 FR 20074), allowing the public to ACTION: Final rule. 753–9405. Persons who use a provide comments on our analysis. We telecommunications device for the deaf SUMMARY: We, the U.S. Fish and have incorporated the comments and (TDD) may call the Federal Information Wildlife Service, designate critical have completed the final economic Relay Service (FIRS) at 800–877–8339. habitat for the Taylor’s checkerspot analysis (FEA) concurrently with this butterfly (Euphydryas editha taylori) SUPPLEMENTARY INFORMATION: final determination. and streaked horned lark (Eremophila Executive Summary Peer review and public comment. We alpestris strigata) under the Endangered sought comments from independent Why We Need to Publish a Rule. Species Act of 1973, as amended (Act). specialists to ensure that our Under the Endangered Species Act In total, approximately 1,941 acres (786 designation is based on scientifically (Act), any species that is determined to hectares) in Island, Clallam, and sound data and analyses. We obtained be an endangered or threatened species Thurston Counties in Washington, and opinions from two knowledgeable requires critical habitat to be designated, in Benton County in Oregon, fall within individuals with scientific expertise to to the maximum extent prudent and the boundaries of the critical habitat review our technical assumptions and determinable. Elsewhere in today’s designation for Taylor’s checkerspot analysis, and to determine whether or issue of the Federal Register, we list the butterfly. Approximately 4,629 acres not we had used the best available Taylor’s checkerspot butterfly as an (1,873 hectares) in Grays Harbor, information. These peer reviewers endangered species and the streaked Pacific, and Wahkiakum Counties in concurred with our methods and horned lark as a threatened species. Washington, and in Clatsop, Columbia, conclusions, and provided additional Designations and revisions of critical Marion, Polk, and Benton Counties in information, clarifications, and habitat can only be completed by Oregon, fall within the boundaries of suggestions to improve this final rule. issuing a rule. Information we received from peer the critical habitat designation for Section 4(b)(2) of the Act states that review is incorporated in this final streaked horned lark. The effect of this the Secretary shall designate critical designation. We also considered all regulation is to designate critical habitat habitat on the basis of the best available comments and information we received for the Taylor’s checkerspot butterfly scientific data after taking into from the public during the comment and streaked horned lark under the Act consideration the economic impact, period. for the conservation of the species. national security impact, and any other DATES: This rule is effective on relevant impact of specifying any Previous Federal Actions November 4, 2013. particular area as critical habitat. All previous Federal actions are ADDRESSES: This final rule is available Additionally, the Act sets forth the described in the listing determination on the Internet at http:// requirement to finalize rules within 1 for the Taylor’s checkerspot butterfly www.regulations.gov and at the year of proposal. and streaked horned lark, which is Washington Fish and Wildlife Office. This rule designates critical habitat for published elsewhere in today’s Federal Comments and materials we received, as the Taylor’s checkerspot butterfly and Register. well as supporting documentation used streaked horned lark. On October 11, in preparing this final rule, are available 2012, we published in the Federal Background for public inspection, by appointment, Register (77 FR 61937) a proposed rule For information related to the listing during normal business hours, at: U.S. to list the Taylor’s checkerspot butterfly of the species, see the final rule listing Fish and Wildlife Service, Washington and streaked horned lark and to Taylor’s checkerspot butterfly as an Fish and Wildlife Office, 510 Desmond designate critical habitat for these endangered species and the streaked Drive SE., Suite 102, Lacey, WA 98503– subspecies. The critical habitat areas we horned lark as a threatened species, 1263. The office can be reached by are designating in this final rule which is published elsewhere in today’s telephone at 360–753–9440 or by constitute our current best assessment of Federal Register. facsimile at 360–753–9008. the areas that meet the definition of The coordinates or plot points or both critical habitat for the Taylor’s Summary of Comments and from which the maps are generated are checkerspot butterfly and streaked Recommendations included in the administrative record horned lark. We are designating as We requested written comments from for this critical habitat designation and critical habitat: the public on the proposed designation are available at http:// • Approximately 1,941 acres (ac) (786 of critical habitat for the Taylor’s www.regulations.gov at Docket No. hectares (ha)) in three units for the checkerspot butterfly and streaked FWS–R1–ES–2013–0009 and at http:// Taylor’s checkerspot butterfly in Island, horned lark during two comment www.fws.gov/wafwo/TCBSHL.html, or, Clallam, and Thurston Counties in periods. The first comment period, VerDate Mar<15>2010 18:36 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03OCR3.SGM 03OCR3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 61507 associated with the publication of the incorporated into the final rule as our documents. In this case the peer proposed rule (77 FR 61937; October 11, appropriate. reviewer has offered his opinion on a 2012), opened on October 11, 2012, and non-scientific issue; however, Comments From Peer Reviewers closed on December 10, 2012. We then management agreements are not a made available the draft economic In accordance with our peer review requirement for critical habitat analysis (DEA) of the proposed critical policy published on July 1, 1994 (59 FR designation. We will seek agreements habitat designation and reopened the 34270), we solicited expert opinion with land owners and managers on comment period on the proposed rule from four knowledgeable individuals lands designated as critical habitat and for an additional 30 days from April 3, with scientific expertise that included on other lands that are important to 2013, to May 3, 2013 (78 FR 20074; familiarity with the Taylor’s conservation of the streaked horned lark April 3, 2013). We also contacted checkerspot butterfly and its habitats, as we initiate a recovery program for the appropriate Federal, State, tribal, biological needs, and threats, and from bird, but such agreements are not county, and local agencies; scientific three knowledgeable individuals with relevant to the designation of critical organizations; and other interested scientific expertise that included habitat unless we are considering parties and invited them to comment on familiarity with the streaked horned lark whether to exclude an area from the the proposed rule and the draft and its habitats, biological needs, and designation pursuant to section 4(b)(2) economic analysis. We held three public threats. We received responses from two of the Act. We did consider the information workshops and a public of the peer reviewers for the Taylor’s additional sites the peer reviewer hearing in April 2013, on the proposed checkerspot butterfly. Both peer suggested should have been proposed as rule to list the subspecies
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