Federal Register/Vol. 65, No. 130/Thursday, July 6, 2000/Proposed Rules

41812 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 1. The primary constituent elements and New York as critical habitat under FOR FURTHER INFORMATION CONTACT: essential for the conservation of wintering the Endangered Species Act of 1973, as Laura J. Ragan; (612) 713±5350. piping plovers are those habitat components amended, for the Great Lakes breeding SUPPLEMENTARY INFORMATION: that support foraging, roosting, and sheltering population of the piping plover and the physical features necessary for Background maintaining the natural processes that (Charadrius melodus). We propose to support these habitat components. The designate critical habitat on fewer than The piping plover (Charadrius primary constituent elements include 305 km (189 mi) in 27 counties within melodus), named for its melodic mating intertidal beaches and flats (between annual these States. Within these areas, only call, is a small, pale-colored North low tide and annual high tide) and associated the specific locations that have or could American shorebird. It weighs 43±63 dune systems and flats above annual high develop the physical and biological grams (1.5±2.5 ounces) and is 17±18 tide. Important components of intertidal flats features required by piping plovers centimeters (cm) (6±7 inches (in.)) long include sand and/or mud flats with no or (primary constituent elements) would (Haig 1992). Its light, sand-colored very sparse emergent vegetation. In some plumage blends in well with its primary cases, these flats may be covered or partially be considered critical habitat. covered by a mat of blue-green algae. The primary constituent elements for sandy beach habitat. Plumage and leg Adjacent non-or sparsely vegetated sand, the piping plover are those habitat color help distinguish this bird from mud, or algal flats above high tide are also components that are essential for other plover species. During the important, especially for roosting piping foraging, sheltering, reproduction, breeding season, the legs are bright plovers, and are primary constituent rearing of young, intra-specific orange, and the short, stout bill is elements of piping plover wintering habitat. orange with a black tip. There are two Such sites may have debris, detritus communication, roosting, nesting, and dispersal. single dark bands, one around the neck (decaying organic matter), or micro- and one across the forehead between the This proposed rule, if made final, topographic relief (less than 50 cm above eyes. The female's neck band is often substrate surface) offering refuge from high would result in additional review incomplete and is usually thinner than winds and cold weather. Important requirements under section 7 of the Act. the male's (Haig 1992). In winter, the components of the beach/dune ecosystem Federal agencies may not fund, bill turns black, the legs fade to pale include surf-cast algae, sparsely vegetated authorize, or carry out an action that orange, and the black plumage band on backbeach (beach area above mean high tide would destroy or adversely modify seaward of the permanent dune line, or in the head and neck is lost. Chicks have critical habitat. Section 4 of the Act cases where no dunes exist, seaward of a speckled gray, buff, and brown down, delineating feature such as a vegetation line, requires us to consider economic and black beaks, pale orange legs, and a structure, or road), spits, and washover areas. other impacts of specifying any white collar around the neck. Juveniles Washover areas are broad, unvegetated zones, particular area as critical habitat. We resemble wintering adults and obtain with little or no topographic relief, that are solicit data and comments from the their adult plumage the spring after they formed and maintained by the action of public on all aspects of this proposal, hurricanes, storm surge, or other extreme fledge (Service 1994). including potential economic and other The breeding range of the piping wave action. impacts of the designation. 2. Critical habitat does not include existing plover extends throughout the northern developed sites consisting of buildings, DATES: Comments: We will consider Great Plains, the Great Lakes, and the marinas, paved areas, boat ramps, and similar comments received by September 5, Atlantic Coast in the United States and structures. 2000. Canada. Based on this distribution, * * * * * Public Hearings: We have scheduled three breeding populations of piping Dated: June 28, 2000. seven public hearings for this proposal. plovers have been described: the Donald J. Barry, See Hearings section for hearing dates Northern Great Plains population, the and addresses. Great Lakes population, and the Atlantic Assistant Secretary for Fish and Wildlife and Coast population. Parks. We will hold public informational open houses at the same locations prior The northern Great Plains breeding [FR Doc. 00±16816 Filed 6±30±00; 9:00 am] range includes southern Alberta, BILLING CODE 4310±55±C to each public hearing. The informational open houses will start at northern Saskatchewan, and southern 6 pm. The public hearings will start at Manitoba; south to eastern Montana, the Dakotas, southeastern Colorado, Iowa, DEPARTMENT OF THE INTERIOR 7 pm and end at 9 pm. Minnesota, and Nebraska; and east to ADDRESSES: Send written comments and Fish and Wildlife Service Lake of the Woods in north-central other materials concerning this proposal Minnesota. The majority of the United to: Piping Plover Comments, U.S. Fish 50 CFR Part 17 States pairs are in the Dakotas, and Wildlife Service, Bishop Henry Nebraska, and Montana (Service 1994). RIN 1018±AG14 Whipple Federal Building, 1 Federal Occasionally, Great Plains birds nest in Drive, Fort Snelling, MN 55111 or by e- Oklahoma and Kansas. On the Atlantic Endangered and Threatened Wildlife mail to coast, piping plovers breed from and Plants; Proposed Designation of [email protected] Newfoundland, southeastern Quebec, Critical Habitat for the Great Lakes or by facsimile to 612±713±5292. and New Brunswick to North Carolina, Breeding Population of the Piping The complete file for this proposed with 68 percent of all the nesting pairs Plover rule, including comments and materials breeding in Massachusetts, New York, AGENCY: Fish and Wildlife Service, received, as well as supporting New Jersey, and Virginia (Service 1999). Interior. documentation used in the preparation In the Great Lakes watershed, piping ACTION: Proposed rule. of this proposed rule, will be available plovers formerly nested throughout for public inspection, by appointment, much of the region in the north-central SUMMARY: We, the U.S. Fish and during normal business hours at the United States and south-central Canada, Wildlife Service, propose to designate above address and at the U.S. Fish and but are currently limited to northern 37 units along the Great Lakes shoreline Wildlife Service, East Lansing Field Michigan and one site in northern of Minnesota, Wisconsin, Michigan, Office, 2651 Coolidge Road, Suite 101, Wisconsin. Piping plovers nest on Illinois, Indiana, Ohio, Pennsylvania, East Lansing, MI 48823. shoreline and island sandy beaches with VerDate 11<MAY>2000 00:07 Jul 06, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.BLU pfrm01 PsN: 06JYP2 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41813 sparse vegetation and the presence of nearly to extinction. Protective 1984, we published a proposal in the small stones (greater than 1 cm (0.4 in.)) legislation helped them to recover by Federal Register (49 FR 44712) to list called cobble. Their nests are concealed 1925, and populations reached a 20th the piping plover as endangered in the by the cobble and are, therefore, very Century high in the 1930s (Service Great Lakes watershed and as difficult to see. Piping plovers spend 1994). These numbers soon plummeted, threatened along the Atlantic Coast, the approximately 3±4 months a year on the though, as recreational and commercial Northern Great Plains, and elsewhere in breeding grounds. Nesting in the Great use of beaches increased. Piping plover their range. The proposed listing was Lakes region begins in early to mid-May. numbers continued to decline in the based on the decline of the species and Plovers lay 3±4 eggs in a small 1940s and 1950s as shoreline the existing threats, including habitat depression they scrape in the sand development expanded, resulting in the destruction, disturbance by humans and among the cobblestones, and both sexes loss of their breeding habitat. pets, high levels of predation, and incubate the eggs for about 28 days. In 1973, the piping plover was placed contaminants. On December 11, 1985, Young plovers can walk almost as soon on the National Audubon Society's Blue we published the final rule (50 FR as they hatch, but remain vulnerable to List of threatened species. By that time, 50726), listing the piping plover as predation and disturbance for another piping plovers had been extirpated from endangered in the Great Lakes 21±30 days until they are able to fly. shoreline beaches in Illinois, Indiana, watershed (Illinois, Indiana, Michigan, Nesting piping plovers are highly Ohio, New York, Pennsylvania, and northeastern Minnesota, New York, susceptible to disturbance by people Ontario, and only a few birds were Ohio, Pennsylvania, Wisconsin, and and pets on the beach. Human continuing to nest in Wisconsin Ontario) and as threatened along the disturbance disrupts adult birds' care of (Russell, 1983). By 1979, the Great Lakes Atlantic coast (Quebec, Newfoundland, their nests and young and may inhibit breeding population had decreased to Maritime Provinces, and States from incubation of eggs. Furthermore, adults 38 pairs. At the time the species was Maine to Florida), in the Northern Great may leave the nest to lure away an listed under the Endangered Species Act Plains region (Iowa, northwestern intruder, leaving the eggs or chicks in 1985, the Great Lakes breeding Minnesota, Montana, Nebraska, North vulnerable to predators and exposure to population numbered only 17 breeding Dakota, South Dakota, Alberta, weather.

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