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Docket No. FWS–R2–ES–2013–0027, 4500030113] DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R2–ES–2013–0027, 4500030113] RIN 1018–AZ49 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Texas Golden Gladecress and Neches River Rose-mallow AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for two Texas plants, Leavenworthia texana (Texas golden gladecress) and Hibiscus dasycalyx (Neches River rose-mallow), under the Endangered Species Act of 1973. Critical habitat for the Texas golden gladecress is located in Sabine and San Augustine 1 Counties, Texas, and for the Neches River rose-mallow in Nacogdoches, Houston, Trinity, Cherokee, and Harrison Counties, Texas. The effect of this regulation is to designate critical habitat for these two East Texas plants under the Endangered Species Act. DATES: This rule becomes effective on [INSERT DATE 30 DAYS AFTER DATE OF FEDERAL REGISTER PUBLICATION]. ADDRESSES: This final rule and other supplementary information are available on the Internet at http://www.regulations.gov (Docket No. FWS–R2–ES–2013–0027) and also at http://www.fws.gov/southwest/es/ElectronicLibrary/ElectronicLibrary_Main.cfm. These documents are also available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office, 6300 Ocean Drive, USFWS Unit 5837, Corpus Christi, TX 78412–5837 ; telephone 361–994–9005; facsimile 361–994–8262. The coordinates or plot points or both from which the critical habitat maps are generated are included in the administrative record for this rulemaking and are available at http://www.fws.gov/southwest/es/ElectronicLibrary/ElectronicLibrary_Main.cfm, at http://www.regulations.gov at Docket No. FWS–R2–ES–2013–0027, and at the Texas Coastal Ecological Services Field Office, Corpus Christi (see FOR FURTHER INFORMATION CONTACT). 2 FOR FURTHER INFORMATION CONTACT: Edith Erfling, Field Supervisor, U.S. Fish and Wildlife Service, Texas Coastal Ecological Services Field Office (see ADDRESSES). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. On September 11, 2012 (77 FR 55968), we published a proposed rule to designate critical habitat for Leavenworthia texana (Texas golden gladecress) and Hibiscus dasycalyx (Neches River rose-mallow). In this rule, we are finalizing our designation for critical habitat under the Endangered Species Act (Act). The Act requires that a final rule be published in order to designate critical habitat for endangered and threatened wildlife to provide protections under the Act. Elsewhere in today’s Federal Register, we are finalizing determination of listing Leavenworthia texana (Texas golden gladecress) as an endangered species and Hibiscus dasycalyx (Neches River rose-mallow) as a threatened species under the Act. The final listing determination rule and supporting documents will publish under Docket No. FWS–R2–ES–2012–0064, and can also be found at the above locations. The critical habitat areas we are designating in this rule constitute our current best 3 assessment of the areas that meet the definition of critical habitat for the Texas golden gladecress and the Neches River rose-mallow. Here we are designating: • Approximately 1,353 ac (547 ha) of critical habitat for the Texas golden gladecress in Sabine and San Augustine Counties; and • Approximately 166.5 ac (67.4 ha) of critical habitat for the Neches River rose- mallow in Cherokee, Houston, Trinity, Harrison, and Nacogdoches Counties, Texas. This rule consists of: A final rule for designation of critical habitat for the Texas golden gladecress and the Neches River rose-mallow. The Texas golden gladecress and the Neches River rose-mallow have been listed under the Act. This rule designates critical habitat necessary for the conservation of the species. We have prepared an economic analysis of the designation of critical habitat. In order to consider economic impacts, we have prepared an analysis of the economic impacts of the critical habitat designations and related factors. We announced the availability of the draft economic analysis (DEA) in the Federal Register on April 16, 2013 (78 FR 22506), allowing the public to provide comments on our analysis. We have incorporated the comments and have completed the final economic analysis (FEA) concurrently with this final determination. Peer review and public comment. We sought comments from independent specialists to 4 ensure that our designation is based on scientifically sound data and analyses. We obtained opinions from four knowledgeable individuals with scientific expertise to review our technical assumptions, analysis, and whether or not we had used the best available information. These peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve this final rule. Information we received from peer review is incorporated in this final revised designation. We also considered all comments and information received from the public during the comment period. Previous Federal Actions All previous Federal actions are described in the final rule to list the Texas golden gladecress as an endangered species and Neches River rose-mallow as a threatened species under the Act published elsewhere in today’s Federal Register. Background This document contains final rules to designate critical habitat for the Texas golden gladecress and Neches River rose-mallow. The document is structured to address the taxa separately under each of the sectional headings that follow. Summary of Comments and Recommendations 5 We requested written comments from the public on the proposed designation of critical habitat for the Texas golden gladecress and Neches River rose-mallow during two comment periods. The first comment period associated with the publication of the proposed rule (77 FR 55968) opened on September 11, 2012, and closed on November 13, 2012. We also requested comments on the proposed critical habitat designation and associated draft economic analysis during a comment period that opened April 16, 2013, and closed on May 16, 2013 (78 FR 22506). We received requests for a public hearing, and one was held on May 1, 2013. We also contacted appropriate Federal, State, and local agencies; scientific organizations; and other interested parties and invited them to comment on the proposed rule and draft economic analysis during these comment periods. During the first comment period, we received 15 comment letters directly addressing the proposed critical habitat designation. During the second comment period, we received 22 comment letters addressing the proposed critical habitat designation or the draft economic analysis. During the May 1, 2013, public hearing, five individuals or organizations made comments on the designation of critical habitat for the Texas golden gladecress and Neches River rose-mallow. All substantive information provided during comment periods has either been incorporated directly into this final determination or addressed below. Comments received were grouped by submitter’s affiliation, whether peer reviewer, State (agencies or officials), or public, relating to the proposed critical habitat designation for Texas golden gladecress and Neches River rose-mallow. All are addressed in the following summary and incorporated into the final rule as appropriate. 6 Peer Review In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinions from six knowledgeable individuals with scientific expertise that included familiarity with the species, the geographic region in which the species occurs, and conservation biology principles and characteristics of their habitats, including the unique geology; as well as land uses common to the region that may bear on the threats to both species. We received responses from four of the peer reviewers. We reviewed all comments received from the peer reviewers for substantive issues and new information regarding listing of the Texas golden gladecress and Neches River rose-mallow. The peer reviewers generally agreed with portions of our assessment, including the threats analysis, and most of our conclusions, although they pointed out areas where additional research would refine our understanding of the two species’ habitat requirements and range. Two peer reviewers agreed with our conclusions that habitat loss and degradation associated with human activities (including energy exploration and production, quarrying, and pine tree plantings in close proximity to glades) as well as the overgrowth of both species’ habitats by invading woody and weedy native and nonnative plants, were adversely affecting the Texas golden gladecress and the Neches River rose-mallow. One peer reviewer also agreed that the Neches River rose- mallow has insufficient regulatory protections. One peer reviewer believed that critical habitat designation for the Texas golden gladecress would be an improvement to 7 conservation efforts for this species and an associated endangered plant. The peer reviewers pointed out additional information, clarifications, and suggestions for future research that would inform future surveys to refine the geographic range, and help
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