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Revised Critical Habitat for the Tidewater Goby (Eucyclogobius Newberryi); Proposed Rule

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Revised Critical Habitat for the Tidewater Goby (Eucyclogobius Newberryi); Proposed Rule Tuesday, November 28, 2006 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Tidewater Goby (Eucyclogobius newberryi); Proposed Rule VerDate Aug<31>2005 17:06 Nov 27, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28NOP2.SGM 28NOP2 jlentini on PROD1PC65 with PROPOSAL2 68914 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR www.regulations.gov. Follow the the conservation of the species and why, instructions for submitting comments. and what areas not occupied at the time Fish and Wildlife Service Comments and materials received, as of listing are essential to the well as supporting documentation used conservation of the species and why; 50 CFR Part 17 in the preparation of this proposed rule, (3) Land use designations and current RIN 1018–AU81 will be available for public inspection, or planned activities in the subject areas by appointment, during normal business and their possible impacts on proposed Endangered and Threatened Wildlife hours at the Ventura Fish and Wildlife revised critical habitat; and Plants; Revised Critical Habitat for Office (2493 Portola Road, Suite B, (4) Any foreseeable economic, the Tidewater Goby (Eucyclogobius Ventura, CA 93003; telephone 805/644– national security, or other potential newberryi) 1766). impacts resulting from the proposed revision of critical habitat and, in FOR FURTHER INFORMATION CONTACT: For AGENCY: Fish and Wildlife Service, particular, any impacts on small Interior. general information, and information about the proposed designation in Santa entities; ACTION: Proposed rule. (5) Whether our approach to Cruz, Monterey, San Luis Obispo, Santa designating critical habitat could be Barbara, Ventura, and Los Angeles SUMMARY: We, the U.S. Fish and improved or modified in any way to Counties, contact the Field Supervisor, Wildlife Service (Service), propose to provide for greater public participation revise currently designated critical Ventura Fish and Wildlife Office, 2493 and understanding, or to assist us in habitat for the tidewater goby Portola Road, Suite B, Ventura, CA accommodating public concerns and (Eucyclogobius newberryi) under the 93003 (telephone 805/644–1766; comments; Endangered Species Act of 1973, as facsimile 805/644–3958). Persons who (6) Whether our general approach to amended (Act). We originally use a telecommunications device for the determine which localities to include in designated critical habitat for the deaf (TDD) may call the Federal proposed critical habitat (44 of the 112 tidewater goby on November 20, 2000 Information Relay Service (FIRS) at localities that are currently occupied by (65 FR 69693). We are proposing to 800–877–8339, 7 days a week and 24 tidewater gobies) could be improved or revise the critical habitat for the hours a day. modified; tidewater goby to a total of For information about the proposed (7) Specifically with reference to approximately 10,003 acres (ac) (4,050 designation in Del Norte, Humboldt, those State Park lands under the hectares (ha)). This is an increase of and Mendocino Counties, contact the jurisdiction of the California approximately 8,422 ac (3,408 ha) from Field Supervisor, Arcata Fish and Department of Parks and Recreation the currently designated critical habitat. Wildlife Office, 1655 Heindon Road, (CDPR) that are proposed for In the previous rule, critical habitat was Arcata, CA 95521 (telephone 707/822– designation, information on any areas only designated in Orange and San 7201; facsimile 707/822–8411). covered by conservation or management Diego Counties due to uncertainty over For information about the proposed plans that we should consider for the future listing status of tidewater designation in Sonoma, Marin, and San exclusion from the designation under goby populations to the north. The Mateo Counties, contact the Field section 4(b)(2) of the Act; proposed revised critical habitat is Supervisor, Sacramento Fish and (8) Any additional proposed critical located in Del Norte, Humboldt, Wildlife Office, U.S. Fish and Wildlife habitat areas covered by conservation or Mendocino, Sonoma, Marin, San Mateo, Service, 2800 Cottage Way, Suite W– management plans that we should Santa Cruz, Monterey, San Luis Obispo, 2605, Sacramento, CA 95825 (telephone consider for exclusion from the Santa Barbara, Ventura, and Los Angeles 916/414–6600; facsimile 916/414–6712). designation under section 4(b)(2) of the Counties, California. SUPPLEMENTARY INFORMATION: Act. We specifically request any DATES: information on any operative or draft We will accept comments from Public Comments Solicited all interested parties until January 29, habitat conservation plans for the 2007. We must receive requests for We intend that any final action tidewater goby that have been prepared public hearings, in writing, at the resulting from this proposal will be as under section 10(a)(1)(B) of the Act, or address shown in the ADDRESSES section accurate and as effective as possible. any other management or other by January 12, 2007. Therefore, comments or suggestions conservation plan or agreement that ADDRESSES: If you wish to comment, from the public, other concerned benefits the goby or its primary you may submit your comments and governmental agencies, the scientific constituent elements; and materials concerning this proposal by community, industry, or any other (9) Any information concerning Tribal any one of several methods: interested party concerning this lands or trust resources that may be 1. You may mail or hand-deliver proposed rule are hereby solicited. impacted by this proposed revision to written comments and information to Comments particularly are sought critical habitat. Diane K. Noda, Field Supervisor, U.S. concerning the following issues. If you wish to comment, you may Fish and Wildlife Service, Ventura Fish (1) The reasons any habitat should or submit your comments and materials and Wildlife Office, 2493 Portola Road, should not be determined to be critical concerning this proposal by any one of Suite B, Ventura, CA 93003. habitat as provided by section 4 of the several methods (see ADDRESSES). 2. You may send comments by Act (16 U.S.C. 1531 et seq.), including Internet comments may be submitted to electronic mail (e-mail) to whether the benefit of designation will [email protected] (please use ASCII [email protected]. Please see the outweigh any threats to the species due file format and avoid the use of special Public Comments Solicited section to designation; characters or any form of encryption) or below for file format and other (2) Specific information on the the Federal eRulemaking Portal: http:// information about electronic filing. amount and distribution of tidewater www.regulations.gov. Please also 3. You may fax your comments to goby habitat, what areas should be include ‘‘Attn: Tidewater goby’’ in your 805/644–3958. included in the designation that were e-mail subject header and your name 4. You may go to the Federal occupied at the time of listing that and return address in the body of your eRulemaking Portal: http:// contain the features that are essential for message. If you do not receive a VerDate Aug<31>2005 17:06 Nov 27, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28NOP2.SGM 28NOP2 jlentini on PROD1PC65 with PROPOSAL2 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Proposed Rules 68915 confirmation from the system that we United States under the jurisdiction of greatest benefit to the species most in have received your Internet message, the Service, have designated critical need of protection. contact us directly by calling Chris habitat. We address the habitat needs of Procedural and Resource Difficulties in Dellith at the Ventura Fish and Wildlife all 1,311 listed species through Designating Critical Habitat Office at phone number 805/644–1766. conservation mechanisms such as Please note that the Internet address listing, Section 7 consultations, the We have been inundated with [email protected] will be closed out Section 4 recovery planning process, the lawsuits for our failure to designate at the termination of the public Section 9 protective prohibitions of critical habitat, and we face a growing comment period. unauthorized take, Section 6 funding to number of lawsuits challenging critical Our practice is to make comments, the States, the Section 10 incidental take habitat determinations once they are including names and home addresses of permit process, and cooperative, made. These lawsuits have subjected the respondents, available for public review nonregulatory efforts with private Service to an ever-increasing series of during regular business hours. landowners. The Service believes that it court orders and court-approved Individual respondents may request that is these measures that may make the settlement agreements, compliance with we withhold their names and/or home difference between extinction and which now consumes nearly the entire addresses, etc., but if you wish us to survival for many species. listing program budget. This leaves the consider withholding this information In considering potential exclusions of Service with little ability to prioritize its you must state this prominently at the critical habitat proposed in this activities to direct scarce listing beginning of your comments. In revision, we will evaluate the benefits of resources to the listing
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