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Shivwits Milk-Vetch) and Astragalus 801–975–3331)

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Shivwits Milk-Vetch) and Astragalus 801–975–3331) Wednesday, March 29, 2006 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants—Designation of Critical Habitat; Proposed Rule VerDate Aug<31>2005 16:16 Mar 28, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29MRP3.SGM 29MRP3 wwhite on PROD1PC65 with PROPOSAL3 15966 Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR in the preparation of this proposed rule, but not limited to, lands managed by will be available for public inspection, Shivwits Band of Paiutes, Utah School Fish and Wildlife Service by appointment, during normal business and Institutional Trust Lands hours at the Utah Fish and Wildlife Administration (SITLA), Arizona State 50 CFR Part 17 Office at the above address. Land Department (ASLD), and lands recently burned due to wildfire (see RIN 1018–AU45 FOR FURTHER INFORMATION CONTACT: Field Supervisor, Utah Fish and Proposed Critical Habitat Designation Endangered and Threatened Wildlife Wildlife Office, 2369 West Orton Circle, for Astragalus holmgreniorum, Unit 4a); and Plants; Designation of Critical Suite 50, West Valley City, Utah 84119. (6) Land use designations and current Habitat for Astragalus ampullarioides (telephone 801–975–3330; facsimile or planned activities in the subject areas (Shivwits Milk-Vetch) and Astragalus 801–975–3331). and their possible impacts on proposed holmgreniorum (Holmgren Milk-Vetch) critical habitat; SUPPLEMENTARY INFORMATION: (7) Any foreseeable economic, AGENCY: Fish and Wildlife Service, Public Comments Solicited national security, or other potential impacts resulting from the proposed Interior. We intend that any final action ACTION: Proposed rule. designation and, in particular, any resulting from this proposal will be as impacts on small entities; and accurate and as effective as possible. SUMMARY: We, the U.S. Fish and (8) Whether our approach to Therefore, comments or suggestions designating critical habitat could be Wildlife Service (Service), propose to from the public, other concerned designate critical habitat for two improved or modified in any way to governmental agencies, the scientific provide for greater public participation endangered plants, Astragalus community, industry, or any other ampullarioides (Shivwits milk-vetch) and understanding, or to assist us in interested party concerning this accommodating public concerns and and Astragalus holmgreniorum proposed rule are hereby solicited. (Holmgren milk-vetch), pursuant to the comments. Comments particularly are sought If you wish to comment, you may Endangered Species Act of 1973, as concerning: amended (Act or ESA). In total, submit your comments and materials (1) The reasons any habitat should or concerning this proposal by any one of approximately 2,620 hectares (ha) (6,475 should not be determined to be critical acres (ac)) fall within the boundaries of several methods (see ADDRESSES habitat as provided by section 4 of the section). Please submit Internet the proposed critical habitat designation Act, including whether the benefit of for A. holmgreniorum in Mohave comments to [email protected] in designation will outweigh any threats to ASCII file format and avoid the use of County, Arizona, and Washington the species due to designation; County, Utah, and approximately 980 ha special characters or any form of (2) Specific information on the encryption. Please also include ‘‘Attn: (2,421 ac) fall within the boundaries of amount and distribution of Astragalus the proposed critical habitat designation Shivwits or Holmgren milk-vetch’’ in holmgreniorum and A. ampullarioides your e-mail subject header and your for A. ampullarioides in Washington habitat, and what habitat has features County, Utah. name and return address in the body of essential to the conservation of the your message. If you do not receive a DATES: We will accept comments from species and why; confirmation from the system that we all interested parties until May 30, 2006. (3) Specific information on the have received your Internet message, We must receive requests for public potential significance of a small site of contact us directly by calling our Utah hearings, in writing, at the address Astragalus holmgreniorum, found north Fish and Wildlife Office at phone shown in the ADDRESSES section by May of Atkinville wash and west of Interstate number 801–975–3330. Please note that 15, 2006. Highway 15 (I–15) and not currently the Internet address ADDRESSES: If you wish to comment, included in the proposed designation, to [email protected] will be closed at you may submit your comments and the conservation of the species (see the termination of the public comment materials concerning this proposal by Occupied Area not Included in period. any one of several methods: Proposal); Our practice is to make comments, 1. You may submit written comments (4) Information regarding the including names and home addresses of and information to Henry Maddux, inclusion of: (a) Occupied habitat for respondents, available for public review Field Supervisor, U.S. Fish and Wildlife Astragalus holmgreniorum and A. during regular business hours. Service, Utah Fish and Wildlife Office, ampullarioides found in intervening Individual respondents may request that 2369 West Orton Circle, Suite 50, West areas of I–15 (i.e., between the we withhold their home addresses from Valley City, Utah 84119. northbound and southbound lanes and the rulemaking record, which we will 2. You may hand-deliver written within the highway right-of-way but honor to the extent allowable by law. comments to our office, at the above outside the highway prism) (see There also may be circumstances in address. Proposed Critical Habitat Designation which we would withhold from the 3. You may send comments by for A. holmgreniorum, Subunit 1a: State rulemaking record a respondent’s electronic mail (e-mail) to Line, and Proposed Critical Habitat identity, as allowable by law. If you [email protected]. Please see Public Designation for A. ampullarioides, wish us to withhold your name and/or Comments Solicited section below for Subunit 4a: Harrisburg Bench and address, you must state this file format and other information about Cottonwood); and (b) the intervening prominently at the beginning of your electronic filing. lands between occupied sites in Arizona comment, but you should be aware that 4. You may fax your comments to (see Proposed Critical Habitat the Service may be required to disclose 801–975–3331. Designation for A. holmgreniorum, your name and address pursuant to the 5. You may submit comments via the Subunit 1a: State Line); Freedom of Information Act. However, Federal E-Rulemaking Portal at http:// (5) Information regarding the benefits we will not consider anonymous www.regulations.gov. of excluding specific lands from, or comments. We will make all Comments and materials received, as including specific lands in, the submissions from organizations or well as supporting documentation used designation of critical habitat including businesses, and from individuals VerDate Aug<31>2005 16:16 Mar 28, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29MRP3.SGM 29MRP3 wwhite on PROD1PC65 with PROPOSAL3 Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Proposed Rules 15967 identifying themselves as section 7 adverse modification imperiled species, and final listing representatives or officials of determinations. This proposed critical determinations on existing proposals are organizations or businesses, available habitat designation does not use the all significantly delayed. for public inspection in their entirety. invalidated regulation in our The accelerated schedules of court- Comments and materials received will consideration of the benefits of ordered designations have left the be available for public inspection, by including areas in this final designation. Service with limited ability to provide appointment, during normal business The Service will carefully manage for public participation or to ensure a hours at the above address. future consultations that analyze defect-free rulemaking process before impacts to designated critical habitat, making decisions on listing and critical Role of Critical Habitat in Actual particularly those that appear to be habitat proposals, due to the risks Practice of Administering and resulting in an adverse modification associated with noncompliance with Implementing the ESA determination. Such consultations will judicially imposed deadlines. This in Attention to and protection of habitat be reviewed by the Regional Office prior turn fosters a second round of litigation is paramount to successful conservation to finalizing to ensure that an adequate in which those who fear adverse actions. The role that designation of analysis has been conducted that is impacts from critical habitat critical habitat plays in protecting informed by the Director’s guidance. designations challenge those habitat of listed species, however, is On the other hand, to the extent that designations. The cycle of litigation often misunderstood. As discussed in designation of critical habitat provides appears endless, and is very expensive, more detail below in the discussion of protection, that protection can come at thus diverting resources from exclusions under ESA section 4(b)(2), significant social and economic cost. In conservation actions that may provide there are significant limitations on the addition,
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