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Final Designation of Critical Habitat for Astragalus Pycnostachyus Var

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Final Designation of Critical Habitat for Astragalus Pycnostachyus Var Federal Register / Vol. 69, No. 98 / Thursday, May 20, 2004 / Rules and Regulations 29081 I 2. In § 310.58, revise paragraph (g) to SUMMARY: We, the U.S. Fish and to the species most in need of read as follows: Wildlife Service (Service), designate protection. critical habitat pursuant to the Role of Critical Habitat in Actual § 310.58 Service obligation for students Endangered Species Act of 1973, as enrolled after April 1, 1982. Practice of Administering and amended (Act), for Astragalus Implementing the Act * * * * * pycnostachyus var. lanosissimus (g) Deferments. In exceptional cases, (Ventura marsh milk-vetch). While attention to and protection of the Administration may grant a Approximately 420 acres (170 hectares) habitat is paramount to successful deferment of all or part of the agreement of land fall within the boundaries of the conservation actions, we have under paragraph (a)(5) of this section critical habitat designation. The consistently found that, in most and the service obligation contract, for designated critical habitat is located in circumstances, the designation of a period not to exceed 2 years, only for Santa Barbara and Ventura Counties, critical habitat is of little additional graduates considered to have superior California. value for most listed species, yet it academic and conduct records while at consumes large amounts of conservation the Academy and only for the purpose This critical habitat designation requires the Service to consult under resources. [Sidle (1987) stated, ‘‘Because of entering a marine or maritime-related the ESA can protect species with and graduate course of study approved by section 7 of the Act with regard to actions carried out, funded, or without critical habitat designation, the Administrator or for the purpose of critical habitat designation may be pursuing studies as recipients of authorized by a Federal agency. Section 4 of the Act requires us to consider redundant to the other consultation scholarships or fellowships of national requirements of section 7.’’ Currently, significance; Provided, that any economic and other relevant impacts when specifying any particular area as only 445 species or 36 percent of the deferment of service as a commissioned 1,244 listed species in the U.S. under officer under paragraph (a)(5)(iii) of this critical habitat. We solicited data and comments from the public on all aspects the jurisdiction of the Service have section and the service obligation designated critical habitat. We address contract shall be subject to the sole of this designation, including data on economic and other impacts of the the habitat needs of all 1,244 listed approval of the Secretary of the species through conservation designation. department which has jurisdiction over mechanisms such as listing, section 7 such service (including the Secretary of DATES: This rule becomes effective June consultations, the section 4 recovery the department in which the U.S. Coast 21, 2004. planning process, section 9 protective Guard is operating and the Secretary of ADDRESSES: Comments and materials prohibitions of unauthorized take, Commerce with respect to NOAA). A received, as well as supporting section 6 funding to the States, and the graduate shall make application for such documentation used in the preparation section 10 incidental take permit deferment through the Superintendent of this final rule, will be available for process. We conclude that it is these of the Academy, who shall forward each inspection, by appointment, during measures that may make the difference application, together with the normal business hours at the Ventura between extinction and survival for Superintendent’s recommendation for Fish and Wildlife Office, U.S. Fish and many species. approval or disapproval and an Wildlife Service, 2493 Portola Road, Procedural and Resource Difficulties in evaluation of the applicant’s academic Suite B, Ventura CA 93003. and conduct records, to the Academies Designating Critical Habitat Program Officer, Maritime FOR FURTHER INFORMATION CONTACT: We have been inundated with Administration, Office of Policy and Diane Noda, Field Supervisor, Ventura lawsuits for our failure to designate Plans, NASSIF Building, 400 7th St., Fish and Wildlife Office, U.S. Fish and critical habitat, and we face a growing SW., Washington, DC 20590 for Wildlife Service, 2493 Portola Road, number of lawsuits challenging critical appropriate action. Suite B, Ventura, CA 93003 (telephone habitat determinations once they are 805/644–1766; facsimile 805/644–3958). Dated: May 13, 2004. made. These lawsuits have subjected the SUPPLEMENTARY INFORMATION: By Order of the Maritime Administrator. Service to an ever-increasing series of Designation of critical habitat provides court orders and court-approved Joel C. Richard, little additional protection to species. In settlement agreements, compliance with Secretary, Maritime Administration. 30 years of implementing the which now consumes nearly the entire [FR Doc. 04–11319 Filed 5–19–04; 8:45 am] Endangered Species Act of 1973, as listing program budget. This leaves us BILLING CODE 4910–81–P amended (Act), we have found that the with little ability to prioritize our designation of statutory critical habitat activities to direct scarce listing provides little additional protection to resources to the listing program actions DEPARTMENT OF THE INTERIOR most listed species, while consuming with the most biologically urgent significant amounts of available species conservation needs. Fish and Wildlife Service conservation resources. The present The consequence of the critical system for designating critical habitat habitat litigation activity is that limited 50 CFR Part 17 has evolved since its original statutory listing funds are used to defend active RIN 1018–AI21 prescription into a process that provides lawsuits, to respond to Notices of Intent little real conservation benefit, is driven to sue relative to critical habitat, and to Endangered and Threatened Wildlife by litigation and the courts rather than comply with the growing number of and Plants; Final Designation of biology, limits our ability to fully adverse court orders. As a result, listing Critical Habitat for Astragalus evaluate the science involved, consumes petition responses, our own proposals to pycnostachyus var. lanosissimus enormous agency resources, and list critically imperiled species, and (Ventura Marsh milk-vetch) imposes huge social and economic final listing determinations on existing AGENCY: Fish and Wildlife Service, costs. We have determined that proposals are significantly delayed. Interior. additional agency discretion would Litigation over critical habitat issues for allow our focus to return to those species already listed and receiving the ACTION: Final rule. actions that provide the greatest benefit Act’s full protection has precluded or VerDate jul<14>2003 13:57 May 19, 2004 Jkt 203001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1 29082 Federal Register / Vol. 69, No. 98 / Thursday, May 20, 2004 / Rules and Regulations delayed many listing actions others. The soils associated with soils over the site (Impact Sciences, Inc. nationwide. Astragalus pycnostachyus var. 1998). In 1998, the City of Oxnard The accelerated schedules of court lanosissimus are well-drained, yet published a Final Environmental Impact ordered designations have left us with contain a mix of sand and clay. Because Report (FEIR), pursuant to the California almost no ability to provide for adequate of the freshwater influence, the soils do Environmental Quality Act, for public participation or to ensure a not exhibit a white crust that would development of this site (Impact defect-free rulemaking process before indicate saline or alkaline conditions. Sciences, Inc. 1998). In a final step, the making decisions on listing and critical For additional information on the project was approved by the California habitat proposals due to the risks biology, habitat requirements, and Coastal Commission (2002). associated with noncompliance with historical collection information of Astragalus pycnostachyus var. judicially-imposed deadlines. This, in Astragalus pycnostachyus var. lanosissimus is State-listed as turn, fosters a second round of litigation lanosissimus, please refer to the endangered under the California in which those who fear adverse proposed critical habitat rule (October 9, Endangered Species Act (CESA). CESA impacts from critical habitat 2002; 67 FR 62926). prohibits the take of any species listed designations challenge those Due to the combination of poor under CESA, including plants. Section designations. The cycle of litigation seedling and young plant survivorship 2081 of CESA allows private appears endless, is very expensive, and and low seed production, the single landowners to obtain a permit for the in the final analysis provides relatively naturally occurring population of incidental take of listed species, little additional protection to listed Astragalus pycnostachyus var. including plants, which must include species. lanosissimus has continued to decline mitigation measures commensurate with The costs resulting from the since its rediscovery in 1997 and the level of take proposed, adequate designation include legal costs, the cost through the 2001 season (Impacts funding for any mitigation, and of preparation and publication of the Sciences 1997, 1998; Wilken and assurance that the proposed take would designation, the analysis of the Wardlaw 2001; Dieter Wilken,
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