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Department of the Interior Fish and Wildlife Service Wednesday, November 2, 2005 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender’s Blue Butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid’s Lupine), and Erigeron decumbens var. decumbens (Willamette Daisy); Proposed Rule VerDate Aug<31>2005 18:29 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02NOP2.SGM 02NOP2 66492 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Proposed Rules DEPARTMENT OF THE INTERIOR in the preparation of this proposed rule, decumbens var. decumbens; include will be available for public inspection, citations that point to the certainity of Fish and Wildlife Service by appointment, during normal business implementation of those aspects of the hours (see address above) (telephone management plans (see the Special 50 CFR Part 17 503/231–6179). Management Considerations or RIN 1018–AT91 FOR FURTHER INFORMATION CONTACT: Protections section below); Kemper McMaster, Field Supervisor, (b) The benefits of excluding from the Endangered and Threatened Wildlife U.S. Fish and Wildlife Service, Oregon critical habitat designation the areas and Plants; Designation of Critical Fish and Wildlife Office, 2600 SE 98th covered by the plan; we are especially Habitat for the Fender’s Blue Butterfly Avenue, Suite 100, Portland, OR 97266 interested in knowing how partnerships (Icaricia icarioides fenderi), Lupinus (telephone 503/231–6179; facsimile may be positively or negatively affected sulphureus ssp. kincaidii (Kincaid’s 503/231–6195). by a designation, or through exclusion from critical habitat, and costs Lupine), and Erigeron decumbens var. SUPPLEMENTARY INFORMATION: decumbens (Willamette Daisy). associated with designation; Public Comments Solicited (c) With specific reference to the AGENCY: Fish and Wildlife Service, recent amendments to sections 4(a)(3) Interior. We intend that any final action and 4(b)(2) of the Act, we request resulting from this proposal will be as ACTION: Proposed rule. information from the Department of accurate and as effective as possible. Defense to assist the Secretary of the SUMMARY: We, the U.S. Fish and Therefore, comments or suggestions Interior in making a determination as to Wildlife Service (Service), propose to from the public, other concerned whether to exclude critical habitat on designate critical habitat for the governmental agencies, the scientific lands administered by or under the Fender’s blue butterfly (Icaricia community, industry, or any other control of the Department of Defense icarioides fenderi), and two plants, interested party concerning this based on the benefit of an Integrated Lupinus sulphureus ssp. kincaidii proposed rule are hereby solicited. Natural Resources Management Plan (Kincaid’s lupine), and Erigeron Comments particularly are sought (INRMP) to the conservation of the decumbens var. decumbens (Willamette concerning: species; daisy) pursuant to the Endangered (1) The reasons any habitat should or (5) Any foreseeable economic, Species Act of 1973, as amended (Act). should not be determined to be critical national security, or other potential We are proposing to designate 3,089 habitat as provided by section 4 of the impacts resulting from the proposed acres (ac) (1,250 hectares (ha) as critical Act, including whether the benefit of designation and, in particular, any habitat for Fender’s blue butterfly, 724 designation will outweigh any threats to impacts on small entities; and ac (293 ha) as critical habitat for L. the species due to designation; (6) Whether our approach to sulphureus ssp. kincaidii, and 718 ac (2) Specific information on the designating critical habitat could be (291 ha) as critical habitat for E. Fender’s blue butterfly, Lupinus improved or modified in any way to decumbens var. decumbens. The sulphureus ssp. kincaidii, and Erigeron provide for greater public participation proposed critical habitat is located in decumbens var. decumbens and its and understanding, or to assist us in Polk, Benton, Yamhill, Lane, Marion, habitat, and which habitat or habitat accommodating public concerns and Linn, and Douglas Counties, Oregon, components (i.e., physical and comments. and Lewis County, Washington. biological features) are essential to the If you wish to comment, you may DATES: We will accept comments from conservation such as soil moisture submit your comments and materials all interested parties until January 3, gradient, microsite preferences, light concerning this proposal by any one of 2006. We must receive requests for requirements; several methods (see ADDRESSES public hearings, in writing, at the (3) Specific information on the section). Please submit Internet address shown in the ADDRESSES section amount and distribution of the Fender’s comments to [email protected] by December 19, 2005. blue butterfly, Lupinus sulphureus ssp. in ASCII file format and avoid the use ADDRESSES: If you wish to comment, kincaidii and Erigeron decumbens var. of special characters or any form of you may submit your comments and decumbens habitat; what areas should encryption. Please also include ‘‘RIN materials concerning this proposal by be included in the designations that 1018–AT91’’ in your e-mail subject any one of several methods: were occupied at the time of listing and header and your name and return (1) You may submit written comments contain the features that are essential to address in the body of your message. If and information to Kemper McMaster, the conservation of the species and why; you do not receive a confirmation from Field Supervisor, U.S. Fish and Wildlife specific information is also sought on the system that we have received your Service, Oregon Fish and Wildlife what areas that were not occupied at the Internet message, contact us directly Office, 2600 SE 98th Avenue, Suite 100, time of listing are essential to the (see ADDRESSES). Please note that the Portland, OR 97266. conservation of the species and why; Internet address (2) You may hand-deliver written (4) Land use designations and current [email protected] will be comments to our Office, at the above or planned activities in the subject areas unavailable at the termination of the address. and their possible impacts on proposed public comment period. (3) You may send comments by critical habitat; we specifically solicit Our practice is to make comments, electronic mail (e-mail) to information including: including names and home addresses of [email protected]. Please see the (a) The benefits provided by a respondents, available for public review Public Comments Solicited section management plan; specifically describe during regular business hours. below for file format and other how the plan addresses each primary Individual respondents may request that information about electronic filing. constituent element (PCE) in the we withhold their home addresses from (4) You may fax your comments to absence of designated critical habitat; the rulemaking record, which we will 503/231–6195. describe conservation benefits to honor to the extent allowable by law. Comments and materials received, as Fender’s blue butterfly, Lupinus There also may be circumstances in well as supporting documentation used sulphureus ssp. kincaidii or Erigeron which we would withhold from the VerDate Aug<31>2005 18:29 Nov 01, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02NOP2.SGM 02NOP2 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Proposed Rules 66493 rulemaking record a respondent’s Section 9 protective prohibitions of with noncompliance with judicially- identity, as allowable by law. If you unauthorized take, Section 6 funding to imposed deadlines. This in turn fosters wish us to withhold your name and/or the States, and the Section 10 incidental a second round of litigation in which address, you must state this take permit process. The Service those who fear adverse impacts from prominently at the beginning of your believes that it is these measures that critical habitat designations challenge comments. However, we will not may make the difference between those designations. The cycle of consider anonymous comments. We conservation for many species. litigation appears endless, is very will make all submissions from We note, however, that a recent Ninth expensive, and in the final analysis organizations or businesses, and from Circuit judicial opinion, Gifford Pinchot provides relatively little additional individuals identifying themselves as Task Force v. United States Fish and protection to listed species. representatives or officials of Wildlife Service, has invalidated the The costs resulting from the organizations or businesses, available Service’s regulation defining destruction designation include legal costs, the cost for public inspection in their entirety. or adverse modification of critical of preparation and publication of the Comments and materials received will habitat. In response, on December 9, designation, the analysis of the be available for public inspection, by 2004, the Director issued guidance to be economic effects and the cost of appointment, during normal business considered in making section 7 adverse requesting and responding to public hours at the above address. modification determinations. This comment, and in some cases the costs critical habitat designation does not use of compliance with the National Designation of Critical
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