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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75189 mistakes, including misspellings; DATES: We will accept comments from pungens var. pungens habitat, and what adding species based on new evidence all interested parties until February 12, areas should be included in the of occurrence in the United States or 2007. We must receive requests for designations that were occupied at the U.S. territories; removing species no public hearings, in writing, at the time of listing that contain the features longer known to occur within the address shown in the ADDRESSES section that are essential for the conservation of United States; and changing names by January 29, 2007. the species and why, and what areas based on new taxonomy. The net ADDRESSES: If you wish to comment, that were not occupied at the time of increase of 140 species (152 added and you may submit your comments and listing are essential to the conservation 12 removed) would bring to 972 the materials concerning this proposal by of the species and why; total number of species protected by the any one of several methods: (3) Land use designations and current MBTA (16 U.S.C. 703–711). 1. You may mail or hand-deliver or planned activities in the subject areas We regulate most aspects of the written comments and information to and their possible impacts on proposed taking, possession, transportation, sale, Diane Noda, Field Supervisor, U.S. Fish critical habitat; purchase, barter, exportation, and and Wildlife Service, Ventura Fish and (4) Any foreseeable economic, importation of migratory birds. An Wildlife Office (VFWO), 2493 Portola national security, or other potential accurate and up-to-date list of species Road, Suite B, Ventura, California impacts resulting from the proposed protected by the MBTA is essential for 93003. designation and, in particular, any regulatory purposes. 2. You may send comments by impacts on small entities; (5) Whether our approach to The comment period for the proposed electronic mail (e-mail) to [email protected]. Please see the Public designating critical habitat could be rule ended October 23, 2006. We are improved or modified in any way to reopening the comment period for an Comments Solicited section below for file format and other information about provide for greater public participation additional 15 days (see DATES) to allow and understanding, or to assist us in interested persons additional time to electronic filing. 3. You may fax your comments to accommodating public concerns and prepare and submit comments. We will 805/644–3958. comments; also consider all comments received 4. You may go to the Federal (6) This proposed designation’s between October 24, 2006 (the day after eRulemaking Portal: http:// revised criteria for determining essential the close of the original comment www.regulations.gov. Follow the features and critical habitat boundaries; period) and the date of this notice. instructions for submitting comments. and Dated: December 5, 2006. Comments and materials received, as (7) The existence of any conservation David M. Verhey, well as supporting documentation used or management plans being Acting Assistant Secretary for Fish and in the preparation of this proposed rule, implemented by California State Parks, Wildlife and Parks. will be available for public inspection, Bureau of Land Management (BLM) on [FR Doc. E6–21313 Filed 12–13–06; 8:45 am] by appointment, during normal business former Fort Ord, or other public or BILLING CODE 4310–55–P hours at the VFWO 2493 Portola Road, private land management agencies or Suite B, Ventura, California 93003 owners that we should consider for (telephone 805/644–1766). exclusion from the designation pursuant DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: to section 4(b)(2) of the Act. Please Diane Noda, Field Supervisor, VFWO, include information on any benefits Fish and Wildlife Service 2493 Portola Road, Suite B, Ventura, (educational, regulatory, etc.) of California 93003, (telephone 805/644– including or excluding lands from this 50 CFR Part 17 1766, ext. 319; facsimile 805/644–3958). proposed revised designation. Persons who use a telecommunications If you wish to comment, you may RIN 1018–AU83 device for the deaf (TDD) may call the submit your comments and materials Federal Information Relay Service concerning this proposal by any one of Endangered and Threatened Wildlife (FIRS) at 800–877–8339, 7 days a week several methods (see ADDRESSES and Plants; Designation of Critical and 24 hours a day. section). Please submit Internet Habitat for the Monterey Spineflower SUPPLEMENTARY INFORMATION: comments to [email protected] in ASCII (Chorizanthe pungens var. pungens) file format and avoid the use of special Public Comments Solicited characters or any form of encryption. AGENCY: Fish and Wildlife Service, We intend that any final action Please also include ‘‘Attn: Chorizanthe Interior. resulting from this proposal will be as pungens var. pungens’’ in your e-mail ACTION: Proposed rule. accurate and as effective as possible. subject header and your name and Therefore, comments or suggestions return address in the body of your SUMMARY: In response to a settlement from the public, other concerned message. If you do not receive a agreement, we, the U.S. Fish and governmental agencies, the scientific confirmation from the system that we Wildlife Service (Service), propose to community, industry, or any other have received your Internet message, revise currently designated critical interested party concerning this contact us directly by calling our VFWO habitat for the Monterey spineflower proposed rule are hereby solicited. at phone number 805/644–1766, ext. (Chorizanthe pungens var. pungens) Comments particularly are sought 333. Please note that the Internet pursuant to the Endangered Species Act concerning: address, [email protected], will be of 1973, as amended (Act). In total, (1) The reasons any habitat should or closed out at the termination of the approximately 11,032 acres (ac) (4,466 should not be determined to be critical public comment period. hectares (ha)) fall within the boundaries habitat as provided by section 4 of the Our practice is to make comments, of the proposed revision to the critical Act, including whether the benefit of including names and home addresses of habitat designation. The proposed designation will outweigh any threats to respondents, available for public review revision to critical habitat is located in the species due to designation; during regular business hours. Santa Cruz and Monterey Counties, (2) Specific information on the Individual respondents may request that California. amount and distribution of Chorizanthe we withhold their names and home VerDate Aug<31>2005 17:28 Dec 13, 2006 Jkt 211001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\14DEP1.SGM 14DEP1 jlentini on PROD1PC65 with PROPOSAL 75190 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules addresses, etc., but if you wish us to difference between extinction and Service with little ability to prioritize its consider withholding this information, survival for many species. activities to direct scarce listing you must state this prominently at the In considering exclusions of areas resources to the listing program actions beginning of your comments. In proposed for designation, we evaluated with the most biologically urgent addition, you must present rationale for the benefits of designation in light of species conservation needs. withholding this information. This Gifford Pinchot Task Force v. U.S. Fish The consequence of the critical rationale must demonstrate that and Wildlife Service, 378 F.3d 1059 (9th habitat litigation activity is that limited disclosure would constitute a clearly Cir 2004) (hereinafter Gifford Pinchot). listing funds are used to defend active unwarranted invasion of privacy. In that case, the Ninth Circuit lawsuits, to respond to Notices of Intent Unsupported assertions will not meet invalidated the Service’s regulation (NOIs) to sue relative to critical habitat, this burden. In the absence of defining ‘‘destruction or adverse and to comply with the growing number exceptional, documentable modification of critical habitat.’’ In of adverse court orders. As a result, circumstances, this information will be response, on December 9, 2004, the listing petition responses, the Service’s released. We will always make Director issued guidance to be own proposals to list critically submissions from organizations or considered in making section 7 adverse imperiled species, and final listing businesses, and from individuals modification determinations. This determinations on existing proposals are identifying themselves as proposed critical habitat designation all significantly delayed. representatives of or officials of does not use the invalidated regulation The accelerated schedules of court- organizations or businesses, available in our consideration of the benefits of ordered designations have left the for public inspection in their entirety. including areas. The Service will Service with limited ability to provide carefully manage future consultations for public participation or to ensure a Role of Critical Habitat in Actual that analyze impacts to designated defect-free rulemaking process before Practice of Administering and critical habitat, particularly those that making decisions on listing and critical Implementing the Act appear to be resulting in an adverse habitat proposals, due to
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