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Attachments 1-3 for AZ-IB-2020-008

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Attachments 1-3 for AZ-IB-2020-008 23608 Federal Register/Vol. 85, No. 82/Tuesday, April 28, 2020/Proposed Rules DEPARTMENT OF THE INTERIOR the closing date. We must receive (TDD), may call the Federal Relay requests for public hearings, in writing, Service at 800-877-8339. Fish and Wildlife Service at the address shown in FOR FURTHER SUPPLEMENTARY INFORMATION: INFORMATION CONTACT by June 12, 2020. Executive Summary 50 CFR Part 17 ADDRESSES: You may submit comments [Docket No. FWS-R2-ES-2020-001 1; by one of the following methods: Why we need to publish a rule. FF09E21000 FXES1 1110900000 201] (1) Electronically:Go to the Federal Critical habitat shall be designated, to the maximum extent prudent and eRulemaking Portal: RIN 1018-BD96 determinable, for any species http://www.regulations.gov.In the determined to be an endangered or Endangered and Threatened Wildlife Search box, enter FWS-R2-ES-2020- threatened species under the Act. Both and Plants; Designation of Critical 0011, which is the docket number for gartersnakes are listed as threatened Habitat for the Northern Mexican this rulemaking. Then, click on the under the Act (79 FR 38678; July 8, Gartersnake and Narrow-Headed Search button. On the resulting page, in 2014). Designations and revisions of Gartersnake the Search panel on the left side of the critical habitat can only be completed screen, under the Document Type by issuing a rule. AGENCY: Fish and Wildlife Service, heading, check the Proposed Rule box to Interior. What this document does. This is a locate this document. You may submit revised proposed rule to designate ACTION: Revised proposed rule; request a comment by clicking on "Comment critical habitat for northern Mexican for public comments. Now!" gartersnake and narrow-headed SUMMARY: We, the U.S. Fish and (2) By hard copy: Submit by U.S. mail gartersnake under the Act. Wildlife Service (Service), are revising to: Public Comments Processing, Attn: For reasons described later in this our proposed designation of critical FWS-R2-ES-2020-0011, U.S. Fish and document, this revised proposed rule habitat for the northern Mexican Wildlife Service, MS: JAO/1N, 5275 reduces the proposed critical habitat gartersnake (Thamnophis eques Leesburg Pike, Falls Church, VA 22041- designation from what we proposed on megalops) and narrow-headed 3803. July 10, 2013, as follows: gartersnake (Thamnophis rufipunctatus) We request that you send comments * For the northern Mexican under the Endangered Species Act, as only by the methods described above. gartersnake, the proposed designation is amended (Act). In total, approximately We will post all comments on http:// reduced from approximately 421,423 27,784 acres (11,244 hectares) in La Paz, www.regulations.gov.This generally acres (170,544 hectares) to Mohave, Yavapai, Gila, Cochise, Santa means that we will post any personal approximately 27,784 acres (11,244 Cruz, and Pima Counties in Arizona, information you provide us (see the hectares); and * For the narrow-headed gartersnake, and in Grant County in New Mexico, Information Requested, below, for more the proposed designation is reduced fall within the boundaries of the revised information). from approximately 210,189 acres proposed critical habitat designation for Availability of supportingmaterials: (85,060 hectares) to approximately the northern Mexican gartersnake; and The draft economic analysis is available 18,701 acres (7,568 hectares). 18,701 acres (7,568 hectares) in at http://www.fws.gov/southwest/esl arizonal,at http://www.regulations.gov The basis for our action. Section Greenlee, Graham, Apache, Yavapai, 4(a)(3) of the Act requires the Secretary Gila, and Coconino Counties in Arizona, at Docket No. FWS-R2-ES-2020-0011, and at the Arizona Ecological Services of the Interior (Secretary) to designate as well as in Grant, Hidalgo, and Catron critical habitat concurrent with listing to Field Office (see FOR FURTHER Counties in New Mexico, fall within the the maximum extent prudent and boundaries of the revised proposed INFORMATION CONTACT). For the critical habitat designation, determinable. Section 4(b)(2) of the Act critical habitat designation for the states that the Secretary must make the narrow-headed gartersnake. We also the coordinates or plot points or both from which the maps are generated are designation on the basis of the best announce the availability of a draft scientific data available and after taking included in the administrative record economic analysis of the revised into consideration the economic impact, proposed designation of critical habitat and are available at http://www.fws.gov! southwest/es/arizona, at http:// the impact on national security, and any for northern Mexican and narrow- other relevant impacts of specifying any www.regulations.gov under Docket No. headed gartersnakes. We request particular area as critical habitat. FWS-R2-ES-2020-0011 and at the comments from all interested parties on Section 3(5)(A) of Arizona Ecological Services Field Office the Act defines this revised proposed rule and the critical habitat as (i) the specific areas (see FOR FURTHER INFORMATION CONTACT). associated draft economic analysis. within the geographical Any additional tools or supporting area occupied Comments submitted on our July 10, by the species, at the time it is listed, information that we may develop for 2013, proposed rule need not be on which are found those physical or resubmitted as they will be fully this critical habitat designation will also biological features (I) essential to the considered in the preparation of the be available at the Fish and Wildlife Service website and Field Office set out conservation of the species and (II) final rule. If we finalize this rule as which may require special management proposed, it would extend the Act's above, and may also be included in the preamble and/or at http:// considerations or protections; and (ii) protections to these species' critical specific areas outside the geographical habitat. www.regulations.gov. area occupied by the species at the time DATES: We will accept comments on this FOR FURTHER INFORMATION CONTACT: Jeff it is listed, upon a determination by the revised proposed rule or the draft Humphry, Field Supervisor, U.S. Fish Secretary that such areas are essential economic analysis that are received or and Wildlife Service, Arizona Ecological for the conservation of the species. postmarked on or before June 29, 2020. Services Field Office, Fish and Wildlife Peer review. In accordance with our Comments submitted electronically Office, 9828 North 31st Ave #C3, joint policy on peer review published in using the Federal eRulemaking Portal Phoenix, AZ 85051-2517; telephone the Federal Register on July 1, 1994 (59 (see ADDRESSES, below) must be 602-242-0210. Persons who use a FR 34270), and our August 22, 2016, received by 11:59 p.m. Eastern Time on telecommunications device for the deaf memorandum updating and clarifying Federal Register/Vol. 85, No. 82/Tuesday, April 28, 2020/Proposed Rules 23609 the role of peer review of listing actions (c) Areas within the jurisdiction of the impacts in the draft economic analysis under the Act, we sought the expert United States provide no more than is a reasonable estimate of the likely opinions of eight independent negligible conservation value, if any, for economic impacts. specialists on the July 10, 2013, a species occurring primarily outside (7) Whether any specific areas we are proposed rule to ensure that our critical the jurisdiction of the United States; or proposing for critical habitat habitat proposal was based on (d) No areas meet the definition of designation should be considered for scientifically sound data, assumptions, critical habitat. exclusion under section 4(b)(2) of the and analyses. We received responses (2) Specific information on: Act, and whether the benefits of from three of the peer reviewers. We (a) The amount and distribution of potentially excluding any specific area reviewed all comments we received northern Mexican or narrow-headed outweigh the benefits of including that from the peer reviewers for substantive gartersnake habitat; area under section 4(b)(2) of the Act, in issues and new information regarding (b) Which areas, that were occupied at particular for those lands discussed in critical habitat for the two gartersnakes. the time of listing (2013) and that each critical habitat unit and in tables Peer reviewers substantive comments contain the physical or biological 3a and 3b, below. features essential to the conservation of have been addressed or incorporated (8) Whether we could improve or into this revised proposed rule. Because these species, should be included in the designation and why; modify our approach to designating we will consider all comments and critical habitat in any way to provide for information we receive during the (c) What period of time should be used to ascertain occupancy at time of greater public participation and comment period, our final understanding, or to better determinations may differ from this listing (2013) and why, and whether or not data from 1998 to the present should accommodate public concerns and proposal. Such final decisions would be comments. a logical outgrowth of this proposal, as be used in this determination; Please include sufficient information long as we: (1) Base the decisions on the (d) Whether it is appropriate to use best scientific and commercial data information from a long-term dispersal with your submission (such as scientific journal articles or other publications) to available after considering all of the study on neonate, juvenile, and adult allow us to verify any scientific or relevant factors; (2) do not rely on age classes of the Oregon gartersnake commercial information you include. factors Congress has not intended us to (Thamnophis atratus hydrophilus) in a consider; and (3) articulate a rational free-flowing stream environment in Please note that submissions merely connection between the facts found and northern California (Welsh et a].
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