Designation of Critical Habitat for the Northern Mexican Gartersnake and Narrow-Headed Gartersnake; Proposed Rule
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Vol. 78 Wednesday, No. 132 July 10, 2013 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 Northern Mexican Gartersnake and Narrow-Headed Gartersnake; Proposed Rule VerDate Mar<15>2010 18:19 Jul 09, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10JYP3.SGM 10JYP3 TKELLEY on DSK3SPTVN1PROD with PROPOSALS3 41550 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR Information Requested section below for threatened. Therefore, we propose to more information). designate critical habitat for the Fish and Wildlife Service The coordinates or plot points or both northern Mexican gartersnake in from which the critical habitat maps are Greenlee, Graham, Apache, La Paz, 50 CFR Part 17 generated are included in the Mohave, Yavapai, Navajo, Gila, [Docket No. FWS–R2–ES–2013–0022; administrative record for this Coconino, Cochise, Santa Cruz, Pima, 4500030113] rulemaking and are available at http:// and Pinal Counties in Arizona, as well www.fws.gov/southwest/es/arizona, as in Grant and Catron Counties in New RIN 1018–AZ35 http://www.regulations.gov at Docket Mexico, and critical habitat for the No. FWS–R2–ES–2013–0022, and at the Endangered and Threatened Wildlife narrow-headed gartersnake in Greenlee, Arizona Ecological Services Field Office and Plants; Designation of Critical Graham, Apache, Yavapai, Navajo, Gila, (see FOR FURTHER INFORMATION CONTACT). Habitat for the Northern Mexican and Coconino Counties in Arizona, as Any additional tools or supporting Gartersnake and Narrow-Headed well as in Grant, Hidalgo, Sierra, and information that we may develop for Gartersnake Catron Counties in New Mexico. this rulemaking will also be available at We will seek peer review. We are AGENCY: Fish and Wildlife Service, the Fish and Wildlife Service Web site seeking comments from knowledgeable Interior. and Field Office set out above, and may individuals with scientific expertise to ACTION: Proposed rule. also be included in the preamble of this review our analysis of the best available proposal and/or at http:// science and application of that science SUMMARY: We, the U.S. Fish and www.regulations.gov. and to provide any additional scientific Wildlife Service, propose to designate FOR FURTHER INFORMATION CONTACT: information to improve this proposed critical habitat for the northern Mexican Steve Spangle, Field Supervisor, U.S. rule. Because we will consider all gartersnake (Thamnophis eques Fish and Wildlife Service, Arizona comments and information received megalops) and narrow-headed Ecological Services Field Office, 2321 during the comment period, our final gartersnake (Thamnophis rufipunctatus) West Royal Palm Road, Suite 103, determinations may differ from this in Arizona and New Mexico, under the Phoenix, AZ 85021; telephone: 602– proposal. Endangered Species Act of 1973, as 242–0210; facsimile: 602–242–2513. If amended (Act). If we finalize this rule Information Requested you use a telecommunications device as proposed, it would extend the Act’s We intend that any final action for the deaf (TDD), call the Federal protections to these species’ habitats. resulting from this proposed rule will be Information Relay Service (FIRS) at The effect of this regulation is to based on the best scientific and 800–877–8339. conserve northern Mexican and narrow- commercial data available and be as headed gartersnake habitat under the SUPPLEMENTARY INFORMATION: accurate and as effective as possible. Act. Executive Summary Therefore, we request comments or information from other concerned DATES: We will accept comments Why we need to publish a rule. Under governmental agencies, Native received or postmarked on or before the Act, once a species is determined to American tribes, the scientific September 9, 2013. Comments be an endangered or threatened species community, industry, or any other submitted electronically using the throughout all or a significant portion of interested parties concerning this Federal eRulemaking Portal (see its range, we are required to promptly proposed rule. We particularly seek ADDRESSES section, below) must be publish a proposal in the Federal comments concerning: received by 11:59 p.m. Eastern Time on Register and make a determination on (1) The reasons why we should or the closing date. We must receive our proposal within 1 year. should not designate habitat as ‘‘critical requests for public hearings, in writing, Additionally, critical habitat shall be habitat’’ under section 4 of the Act (16 at the address shown in the FOR FURTHER designated, to the maximum extent U.S.C. 1531 et seq.), including whether INFORMATION CONTACT section by August prudent and determinable, for any there are threats to the species from 26, 2013. species determined to be an endangered human activity, the degree of which can ADDRESSES: You may submit comments or threatened species under the Act. be expected to increase due to the by one of the following methods: Designations and revisions of critical designation, and whether that increase (1) Electronically: Go to the Federal habitat can only be completed by in threats outweighs the benefit of eRulemaking Portal: http:// issuing a rule. Elsewhere in today’s designation such that the designation of www.regulations.gov. Search for Docket Federal Register, we propose to list the critical habitat is not prudent. No. FWS–R2–ES–2013–0022, which is northern Mexican and narrow-headed (2) Specific information on: the docket number for this rulemaking. gartersnakes as threatened species under (a) The amount and distribution of You may submit a comment by clicking the Act. northern Mexican or narrow-headed on ‘‘Comment Now!’’ This rule consists of: A proposed rule gartersnakes and their habitat; (2) By hard copy: Submit by U.S. mail for designation of critical habitat for (b) What may constitute ‘‘physical or or hand-delivery to: Public Comments northern Mexican and narrow-headed biological features essential to the Processing, Attn: FWS–R2–ES–2013– gartersnakes. These gartersnakes are conservation of the species,’’ within the 0022; Division of Policy and Directives proposed for listing under the Act. This geographical range currently occupied Management; U.S. Fish and Wildlife rule proposes designation of critical by the species; Service; 4401 N. Fairfax Drive, MS habitat necessary for the conservation of (c) Where these features are currently 2042–PDM; Arlington, VA 22203. the species. found; We request that you send comments The basis for our action. Under the (d) Whether any of these features may only by the methods described above. Act, when a species is proposed for require special management We will post all comments on http:// listing, to the maximum extent prudent considerations or protection; www.regulations.gov. This generally and determinable, we must designate (e) What areas, that were occupied at means that we will post any personal critical habitat for the species. These the time of listing (or are currently information you provide us (see the species are proposed for listing as occupied) and that contain features VerDate Mar<15>2010 18:19 Jul 09, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10JYP3.SGM 10JYP3 TKELLEY on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Proposed Rules 41551 essential to the conservation of the If you submit information via http:// cannot be otherwise relieved, may species, should be included in the www.regulations.gov, your entire include regulated taking. designation and why; and submission—including any personal Critical habitat receives protection (f) What areas not occupied at the identifying information—will be posted under section 7 of the Act through the time of listing are essential for the on the Web site. If your submission is requirement that Federal agencies conservation of the species and why. made via a hardcopy that includes ensure, in consultation with the Service, (3) Land use designations and current personal identifying information, you that any action they authorize, fund, or or planned activities in the areas may request at the top of your document carry out is not likely to result in the occupied by the species or proposed to that we withhold this information from destruction or adverse modification of be designated as critical habitat, and public review. However, we cannot critical habitat. The designation of possible impacts of these activities on guarantee that we will be able to do so. critical habitat does not affect land this species and proposed critical We will post all hardcopy submissions ownership or establish a refuge, habitat. on http://www.regulations.gov. wilderness, reserve, preserve, or other (4) Any foreseeable economic, Comments and materials we receive, conservation area. Such designation national security, or other relevant as well as supporting documentation we does not allow the government or public impacts that may result from used in preparing this proposed rule, to access private lands. Such designating any area that may be will be available for public inspection designation does not require included in the final designation. We on http://www.regulations.gov, or by implementation of restoration, recovery, are particularly interested in any appointment, during normal business or enhancement measures by non- impacts on small entities, and the hours, at the U.S. Fish and