Wednesday, August 22, 2007 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 the Bay Checkerspot Butterfly (Euphydryas editha bayensis); Proposed Rule VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22AUP2.SGM 22AUP2 sroberts on PROD1PC70 with PROPOSALS 48178 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: impacts resulting from the proposed Field Supervisor, Sacramento Fish and designation and, in particular, any Fish and Wildlife Service Wildlife Office, 2800 Cottage Way, impacts on small entities. Room W–2605, Sacramento, CA 95825; (9) Whether our approach to 50 CFR Part 17 telephone 916–414–6600; facsimile designating critical habitat could be RIN 1018–AV24 916–414–6712. Persons who use a improved or modified in any way to telecommunications device for the deaf provide for greater public participation Endangered and Threatened Wildlife (TDD) may call the Federal Information and understanding, or to assist us in and Plants; Designation of Critical Relay Service (FIRS) at 800–877–8339. accommodating public concerns and Habitat for the Bay Checkerspot SUPPLEMENTARY INFORMATION: comments. Butterfly (Euphydryas editha bayensis) (10) Specific comments regarding Public Comments Solicited occupancy and habitat quality of the AGENCY: Fish and Wildlife Service, We intend that any final action proposed Pulgas Ridge Unit 2. Interior. resulting from this proposal to revise the (11) The relative benefits of ACTION: Proposed rule. critical habitat designation for the bay designation or exclusion of any lands checkerspot butterfly will be as accurate from proposed revised critical habitat SUMMARY: We, the U.S. Fish and and as effective as possible. Therefore, such as Habitat Conservation Plans Wildlife Service (Service), propose to we request comments or suggestions (HCPs), Safe Harbor Agreements (SHA), revise currently designated critical from the public, other concerned or other areas that have management habitat for the bay checkerspot butterfly governmental agencies, the scientific plans in place that provide for bay (Euphydryas editha bayensis) under the community, industry, or any other checkerspot butterfly conservation. We Endangered Species Act of 1973, as interested party on this proposed rule. especially seek specific comments amended (Act). In total, approximately We particularly seek comments regarding the potential exclusion of 19,746 acres (ac) (7,990 hectares (ha)) concerning: areas within the final San Bruno fall within the boundaries of the (1) The reasons why we should or Mountain HCP (proposed Unit 1), and proposed revised critical habitat should not designate habitat as ‘‘critical areas within the planned Stanford HCP designation. The proposed revision to habitat’’ under section 4 of the Act (16 (proposed Unit 4), and the Santa Clara critical habitat is located in San Mateo U.S.C. 1531 et seq.), including whether County HCP (proposed Units 5–12). and Santa Clara Counties, California. there are areas we previously (12) Specific comments regarding DATES: We will accept comments from designated, but are not proposing for population sizes of the bay checkerspot all interested parties until October 22, revised designation here, that should be butterfly within those areas proposed 2007. We must receive requests for designated as critical habitat. for designation as revised critical public hearings, in writing, at the (2) Specific information on the habitat. address shown in the ADDRESSES section amount and distribution of bay (13) Specific documentation regarding by October 9, 2007. checkerspot butterfly habitat. the use of water sources by the bay ADDRESSES: If you wish to comment on (3) Specific information whether the checkerspot butterfly, particularly to this proposed rule, you may submit features we have proposed as essential support or refute our proposed primary your comments and materials for the conservation of the species constituent element of water features concerning this proposal by any one of (Primary Constituent Elements) are (Primary Constituent Element 4), and several methods: adequate, and if not, what alternatives whether water sources are essential for 1. You may mail or hand-deliver should be considered (see also item the conservation of the subspecies. written comments and information to (13)). You may submit your comments and Susan Moore, Field Supervisor, U.S. (4) The reason why any areas that materials concerning this proposal by Fish and Wildlife Service, Sacramento were occupied at the time of listing and any one of several methods (see Fish and Wildlife Office, 2800 Cottage that contain the features that are ADDRESSES). If you use e-mail to submit Way, Room W–2605, Sacramento, CA essential for the conservation of the your comments, please include ‘‘Attn: 95825. species should or should not be [species]’’ in your e-mail subject header, 2. You may send comments by included in the designation. preferably with, your name and return electronic mail (e-mail) to (5) The reason why any areas that address in the body of your message. If [email protected]. Please see the Public were not occupied at the listing may be you do not receive a confirmation from Comments Solicited section below for essential to the conservation of the the system that we have received your file format and other information about species, and why such areas should or e-mail, contact us directly by calling our electronic filing. should not be designated as critical Sacramento Fish and Wildlife Office at 3. You may fax your comments to the habitat. 916–414–6600. Please note that we must attention of Susan Moore, Field (6) Specific information on dispersal receive comments by the date specified Supervisor at 916–414–6712. areas important for habitat connectivity, in the DATES section in order to consider 4. You may go to the Federal in particular areas between Units 1 and them in our final determination and that Rulemaking Portal: http:// 2 and between Unit 4 and the Santa the e-mail address [email protected] www.regulations.gov. Follow the Clara County Units, their role in the will be closed out at the termination of instructions for submitting comments. conservation and recovery of the the public comment period. Comments and materials received, as species, and reasons why such areas Before including your address, phone well as supporting documentation used should or should not be included in the number, e-mail address, or other in the preparation of this proposed rule, critical habitat designation. personal identifying information in your will be available for public inspection, (7) Land use designations and current comment, you should be aware that by appointment, during normal business or planned activities in the subject areas your entire comment—including your hours at the Sacramento Fish and and their possible impacts on proposed personal identifying information—may Wildlife Office, 2800 Cottage Way, revised critical habitat. be made publicly available at any time. Room W–2605, Sacramento, CA 95825 (8) Any foreseeable economic, While you may ask us to withhold your (telephone 916–414–6600). national security, or other potential personal identifying information from VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22AUP2.SGM 22AUP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 48179 public review, we cannot guarantee that Distribution and Population Trends increased from approximately 200,000 we will be able to do so. The population size of the bay in 2000 to 400,000 in 2004, but then Comments and materials we receive, checkerspot butterfly is primarily declined to 45,000 in 2006 (Weiss 2006, as well as supporting documentation we determined by the survival rate of p. 1). Larval estimates from Silver Creek used in preparing this proposed rule, prediapause larvae (Singer 1972, p. 77; Hills (2001 unit 12), also on Coyote Weiss et al. 1988, p. 1486). Prediapause will be available for public inspection, Ridge, increased from 75,000 in 1992 to larva experience mortality rates by appointment, during normal business 128,000 in 1993, but then fell to an upwards of 95 percent (Murphy 1988, p. hours at the Sacramento Fish and estimated 58,000 in 1994 following the 46; Weiss et al. 1988, p. 1487; Cushman Wildlife Office, 2800 Cottage Way, removal of grazing from portions of the et al. 1994, p. 198; Murphy et al. 2004, Room W–2605, Sacramento, CA 95825 area (Weiss 1996, p. 93; Weiss 1999, p. p. 26). Larval survivorship is dependent (telephone 916–414–6600). 1480), and no larvae or adults were upon the timing of host plant observed in 1998 (Weiss 1999, p. 1480). Background senescence, which in turn is dependent Annual surveys at Silver Creek Hills on environmental conditions such as It is our intent to discuss only those since the construction of a residential rainfall. Rainfall in the San Francisco subdivision and reintroduction of topics directly relevant to the Bay area is known to vary dramatically designation of critical habitat in this grazing over portions of the area in (Weiss et al. 1988, p. 1495). The further 2000–2001, showed a slight increase proposed rule. For more information on a particular location is from another, the the bay checkerspot butterfly, refer to from a low of 11 adults in 2001 to 51 greater the likelihood each will receive in 2005 (WRA 2006, p. 10). Forty adult the listing rule and previous dramatically different rainfall, so plants determination of critical habitat bay checkerspot butterflies were in areas that experience the same observed in the Silver Creek Hills area published in the Federal Register on environmental conditions (i.e., those in September 18, 1987 (52 FR 35366) and in 2006, but no larvae were observed close proximity and on similar (WRA 2006, p.