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Department of the Interior Fish and Wildlife Service Thursday, November 10, 2005 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 Astralagus brauntonii and Pentachaeta lyonii; Proposed Rule VerDate Aug<31>2005 18:09 Nov 09, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10NOP2.SGM 10NOP2 68982 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules DEPARTMENT OF THE INTERIOR by appointment, during normal business lyonii: Plant communities in areas that hours at our VFWO at the above are ≥600 m in diameter, which is the Fish and Wildlife Service address. minimum size needed to support FOR FURTHER INFORMATION CONTACT: associated insect pollinators, 50 CFR Part 17 Diane Noda, Field Supervisor, VFWO, at specifically bees, wasps, and flies. RIN 1018–AU51 the above address (telephone 805/644– If you wish to comment, you may 1766; facsimile 805/644–3958). submit your comments and materials concerning this proposal by any one of Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: and Plants; Designation of Critical several methods (see ADDRESSES Habitat for Astralagus brauntonii and Public Comments Solicited section). Please submit Internet Pentachaeta lyonii We intend that any final action comments to [email protected] in resulting from this proposal will be as ASCII file format and avoid the use of AGENCY: Fish and Wildlife Service, accurate and as effective as possible. special characters or any form of Interior. Therefore, comments or suggestions encryption. Please also include ‘‘Attn: ACTION: Proposed rule. from the public, other concerned Braunton’s milk-vetch and Lyon’s governmental agencies, the scientific pentachaeta’’ in your e-mail subject SUMMARY: We, the U.S. Fish and community, industry, or any other header and your name and return Wildlife Service (Service), propose to interested party concerning this address in the body of your message. If designate critical habitat for Astralagus proposed rule are hereby solicited. you do not receive a confirmation from brauntonii (Braunton’s milk-vetch) and Comments particularly are sought the system that we have received your Pentachaeta lyonii (Lyon’s pentachaeta) concerning: Internet message, contact us directly by pursuant to the Endangered Species Act (1) The reasons any habitat should or calling our VFWO at phone number of 1973, as amended (Act). For A. should not be determined to be critical 805/644–1766. Please note that the brauntonii, approximately 3,638 acres habitat as provided by section 4 of the Internet address [email protected] (ac) (1,471 hectares (ha)) fall within the Act, including whether the benefit of will be closed out at the termination of boundaries of the proposed critical designation will outweigh any threats to the public comment period. habitat designation. The proposed the species due to designation; Our practice is to make comments, critical habitat for A. brauntonii is (2) Specific information on the including names and home addresses of located in Ventura, Los Angeles, and amount and distribution of Astralagus respondents, available for public review Orange Counties, California. For P. brauntonii and Pentachaeta lyonii during regular business hours. lyonii, approximately 4,212 acres (ac) habitat, and what areas that were Individual respondents may request that (1,703 hectares (ha)) fall within the occupied at the time of listing and that we withhold their home addresses from boundaries of the proposed critical contain the features that are essential to the rulemaking record, which we will habitat designation. The proposed the conservation of the species, should honor to the extent allowable by law. critical habitat for P. lyonii is located in be included in the designations and There also may be circumstances in Ventura and Los Angeles Counties, why and what areas that were not which we would withhold from the California. occupied at the time of listing are rulemaking record a respondent’s identity, as allowable by law. If you DATES: We will accept comments from essential to the conservation of the wish us to withhold your name and/or all interested parties until January 9, species and why; (3) Land use designations and current address, you must state this 2006. We must receive requests for prominently at the beginning of your public hearings, in writing, at the or planned activities in the subject areas and their possible impacts on proposed comment. However, we will not address shown in the ADDRESSES section consider anonymous comments. We by December 27, 2005. critical habitat; (4) Any foreseeable economic, will make all submissions from ADDRESSES: If you wish to comment, national security, or other potential organizations or businesses, and from you may submit your comments and impacts resulting from the proposed individuals identifying themselves as materials concerning this proposal by designation and, in particular, any representatives or officials of any one of several methods: impacts on small entities; organizations or businesses, available 1. You may submit written comments (5) Additional information on areas in for public inspection in their entirety. and information to Diane Noda, Field Orange County which could be Comments and materials received will Supervisor, U.S. Fish and Wildlife excluded in the final designation; be available for public inspection, by Service, Ventura Fish and Wildlife (6) Whether our approach to appointment, during normal business Office (VFWO), 2493 Portola Road, designating critical habitat could be hours at the above address. Suite B, Ventura, CA 93003. improved or modified in any way to Designation of Critical Habitat Provides 2. You may hand-deliver written provide for greater public participation Little Additional Protection to Species comments to our VFWO, at the above and understanding, or to assist us in address. accommodating public concerns and In 30 years of implementing the Act, 3. You may send comments by comments. the Service has found that the electronic mail (e-mail) to (7) Whether the following should be designation of statutory critical habitat [email protected]. For directions included as a primary constituent provides little additional protection to on how to submit electronic filing of element (PCE) for Astragalus brauntonii: most listed species, while consuming comments, please see the ‘‘Public Plant communities in areas that are significant amounts of available Comments Solicited’’ section. ≥600 m in diameter, which is the conservation resources. The Service’s 4. You may fax your comments to minimum size needed to support present system for designating critical 805/644–3958. associated insect pollinators (e.g., bees habitat has evolved since its original Comments and materials received, as and wasps), and seed dispersers (e.g., statutory prescription into a process that well as supporting documentation used insects and small mammals), and provides little real conservation benefit, in the preparation of this proposed rule, (8) Whether the following should be is driven by litigation and the courts will be available for public inspection, included as a PCE for Pentachaeta rather than biology, limits our ability to VerDate Aug<31>2005 18:09 Nov 09, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10NOP2.SGM 10NOP2 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68983 fully evaluate the science involved, settlement agreements, compliance with habitat or relevant information obtained consumes enormous agency resources, which now consumes nearly the entire since the final listing. and imposes huge social and economic listing program budget. This leaves the Astragalus brauntonii is a short-lived costs. The Service believes that Service with little ability to prioritize its perennial herb in the Fabaceae (Pea additional agency discretion would activities to direct scarce listing family); a thick taproot gives rise to allow our focus to return to those resources to the listing program actions stems that reach a height of 5 feet (ft) actions that provide the greatest benefit with the most biologically urgent (1.5 meters (m)), making it one of the to the species most in need of species conservation needs. tallest species in the genus. It is protection. The consequence of the critical associated with chaparral and coastal Role of Critical Habitat in Actual habitat litigation activity is that limited sage scrub plant communities and Practice of Administering and listing funds are used to defend active generally occurs along the tops of knolls Implementing the Act lawsuits, to respond to Notices of Intent ranging from 800 to 2,100 ft (244 to 640 (NOIs) to sue relative to critical habitat, m) in elevation (Fotheringham and While attention to and protection of and to comply with the growing number Keeley 1998; CNDDB 2003; B. Landis, in habitat is paramount to successful of adverse court orders. As a result, litt. 2005). Common species associated conservation actions, we have listing petition responses, the Service’s with chaparral communities in this consistently found that, in most own proposals to list critically region of California are Adenostoma circumstances, the designation of imperiled species, and final listing critical habitat is of little additional determinations on existing proposals are fasciculatum (chamise), Ceanothus spp. value for most listed species, yet it all significantly delayed. (California lilac), Arctostaphylos
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