Federal Register/Vol. 69, No. 66/Tuesday, April 6, 2004/Proposed
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18018 Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 / Proposed Rules a listed species and that may require that could result from closure of these the Act requires that Federal agencies special management considerations or areas to OHV use. ensure that actions they fund, authorize, protection. If the proposed rule is made We solicit data and comments from or carry out are not likely to result in the final, section 7 of the Act will prohibit the public on the draft economic destruction or adverse modification of destruction or adverse modification of analysis, as well as on all aspects of the critical habitat. The regulatory effect of critical habitat by any activity funded, proposed rule to designate critical the critical habitat designation does not authorized, or carried out by any habitat for Astragalus magdalenae var. extend beyond those activities funded, Federal agency. Federal agencies peirsonii. We may revise the proposal, permitted, or carried out by Federal proposing actions affecting areas or its supporting documents, to agencies. State or private actions, with designated as critical habitat must incorporate or address new information no Federal involvement, are not consult with us on the effects of their received during the comment period. In affected. proposed actions, pursuant to section particular, we may exclude an area from Section 4 of the Act requires us to 7(a)(2) of the Act. critical habitat if we determine that the consider economic, national security, Section 4 of the Act requires that we benefits of excluding the area outweigh and other relevant impacts when consider economic and other relevant the benefits of including the area as specifying any particular area as critical impacts prior to making a final decision critical habitat, provided such exclusion habitat. We will conduct an analysis of on what areas to designate as critical will not result in the extinction of the the economic impacts of designating habitat. We have prepared a draft species. these areas, in a manner that is economic analysis for the proposal to Author consistent with the ruling of the 10th designate certain areas as critical habitat Circuit Court of Appeals in N.M. Cattle for Astragalus magdalenae var. The primary author of this document Growers Assn v. USFWS. We hereby peirsonii. This analysis considers the is the Carlsbad Fish and Wildlife Office solicit data and comments from the potential economic effects of (see ADDRESSES section). public on all aspects of this proposal, designating critical habitat for A. The authority for this action is the including data on economic and other magdalenae var. peirsonii. It also Endangered Species Act of 1973, as impacts of the designation. We may considers the economic effects of amended (16 U.S.C. 1531 et seq.). revise this proposal prior to final protective measures taken as a result of Dated: March 30, 2004. designation to incorporate or address listing the species under the Act, and Paul Hoffman, new information received during the other Federal, State, and local laws that Acting Assistant Secretary for Fish and comment period. aid habitat conservation in areas Wildlife and Parks. DATES: We will accept comments until proposed for designation. [FR Doc. 04–7694 Filed 4–5–04; 8:45 am] June 7, 2004. Public hearing requests Limitations on future OHV access BILLING CODE 4310–55–P must be received by May 21, 2004. within the ISDRA will depend on the ADDRESSES: If you wish to comment, outcome of future management you may submit your comments and DEPARTMENT OF THE INTERIOR decisions. Future impacts could range materials concerning this proposal by from no effects to complete closure of Fish and Wildlife Service any one of several methods: critical habitat areas within the eight 1. You may submit written comments distinct BLM management areas. Pre- 50 CFR Part 17 and information to the Field Supervisor, critical habitat economic benefits Ventura Fish and Wildlife Office, U.S. enjoyed by OHV users within the RIN 1018–AI78 Fish and Wildlife Service, 2493 Portola proposed critical habitat designation Road, Suite B, Ventura, CA, 93003. Endangered and Threatened Wildlife range from $0 for the North Algodones 2. You may also send comments by Wilderness (currently closed to OHV and Plants; Proposed Designation of Critical Habitat for Astragalus electronic mail (e-mail) to use) and Dune Buggy Flats management [email protected]. In the event area (not proposed for designation) to jaegerianus (Lane Mountain milk- vetch) that our internet connection is not $4.9 million per year for that portion of functional, please submit your the Glamis management area proposed AGENCY: Fish and Wildlife Service, comments by the alternate methods for designation. If all of the areas Interior. mentioned above. proposed for designation within the ACTION: Proposed rule. 3. You may hand-deliver comments to ISDRA were closed to OHV use, the our Ventura Fish and Wildlife Office, annual consumer surplus impact would SUMMARY: We, the U.S. Fish and U.S. Fish and Wildlife Service, 2493 range from $8.9 million per year to $9.9 Wildlife Service, propose to designate Portola Road, Suite B, Ventura, CA million per year. critical habitat pursuant to the 93003. While future closures of areas are not Endangered Species Act of 1973, as All comments and materials received, anticipated to occur by either the amended (Act), for Astragalus as well as supporting documentation Service or BLM, in the past the ISDRA jaegerianus (Lane Mountain milk- used in preparation of this proposed has experienced closures of areas to vetch). Approximately 29,522 acres (ac) rule, will be available for public OHV use to provide protection to (11,947 (ha)) of land fall within the inspection, by appointment, during Astragalus magdalenae var. peirsonii. boundaries of the proposed critical normal business hours at the above Given the uncertainty of future habitat designation. Proposed critical address. management decisions, the economic habitat is located in the Mojave Desert analysis provides estimates of the in San Bernardino County, California. FOR FURTHER INFORMATION CONTACT: potential total economic contribution of Critical habitat identifies specific Connie Rutherford, Ventura Fish and each ISDRA management area and that areas that are essential to the Wildlife Office, U.S. Fish and Wildlife portion of each management area conservation of a listed species, and that Service, 2493 Portola Road, Suite B, proposed as critical habitat. These total may require special management Ventura, CA 93003 (telephone (805) economic contribution estimates considerations or protection. If this 644–1766; facsimile (805) 644–3958). represent the upper bound of impacts proposal is made final, section 7(a)(2) of SUPPLEMENTARY INFORMATION: VerDate mar<24>2004 18:01 Apr 05, 2004 Jkt 203001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\06APP1.SGM 06APP1 Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 / Proposed Rules 18019 Designation of Critical Habitat Provides Service to an ever-increasing series of be critical habitat as provided by section Little Additional Protection to Species court orders and court-approved 4 of the Act, including whether the In 30 years of implementing the settlement agreements, compliance with benefit of designation will outweigh any Endangered Species Act, the Service has which now consumes nearly the entire threats to the species due to designation, found that the designation of statutory listing program budget. This leaves the specifically, any lands being considered Service with little ability to prioritize its under a conservation plan; critical habitat provides little additional activities to direct scarce listing (2) With specific reference to the protection to most listed species, while resources to the listing program actions recent amendments to sections 4(b)(2) of consuming significant amounts of with the most biologically urgent the Act, we request information available conservation resources. The species conservation needs. regarding impacts to national security Service’s present system for designating The consequence of the critical associated with proposed designation of critical habitat has evolved since its habitat litigation activity is that limited critical habitat; original statutory prescription into a listing funds are used to defend active (3) Specific information on the process that provides little real lawsuits, to respond to Notices of Intent amount and distribution of Astragalus conservation benefit, is driven by (NOIs) to sue relative to critical habitat, jaegerianus habitat, and what habitat is litigation and the courts rather than and to comply with the growing number essential to the conservation of the biology, limits our ability to fully of adverse court orders. As a result, species and why; evaluate the science involved, consumes listing petition responses, the Service’s (4) Land use designations and current enormous agency resources, and own proposals to list critically or planned activities in the subject areas imposes huge social and economic imperiled species, and final listing and their possible impacts on proposed costs. The Service believes that determinations on existing proposals are critical habitat; additional agency discretion would all significantly delayed. (5) Any foreseeable economic or other allow our focus to return to those The accelerated schedules of court potential impacts resulting from the actions that provide the greatest benefit ordered designations have left