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Federal Register/Vol. 65, No. 195/Friday, October 6, 2000/Proposed Rules

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Federal Register/Vol. 65, No. 195/Friday, October 6, 2000/Proposed Rules 59798 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Proposed Rules for inspection and copying during Avery, Caldwell, and Watauga Counties, Comments and materials received, as normal business hours in the FCC North Carolina; and (3) portions at and well as supporting documentation used Reference Center 445 12th Street, SW., above 1,646 m (5,400 ft) in elevation at in preparation of this proposed rule, Washington, DC. The complete text of Roan Mountain, Avery and Mitchell will be available for public inspection, this decision may also be purchased Counties, North Carolina, and Carter by appointment, during normal business from the Commission's copy contractor, County, Tennessee. All of the areas on hours at the above address. International Transcription Services, or in the vicinity of Mount LeConte, FOR FURTHER INFORMATION CONTACT: John Inc., (202) 857±3800, 1231 20th Street, Mount Collins, Clingmans Dome, and A. Fridell, Fish and Wildlife Biologist NW., Washington, DC 20036. Mount Buckley that are proposed for (see ADDRESSES section). Provisions of the Regulatory critical habitat designation are within SUPPLEMENTARY INFORMATION: Flexibility Act of 1980 do not apply to the boundaries of the GSMNP; all of the this proceeding. areas of Roan Mountain that are Background Members of the public should note proposed for critical habitat designation Taxonomy and Description that from the time a Notice of Proposed are within the boundaries of the Pisgah The spruce-fir moss spider Rule Making is issued until the matter National Forest in North Carolina and Microhexura montivaga) was originally is no longer subject to Commission the Cherokee National Forest in described by Crosby and Bishop (1925) consideration or court review, all ex Tennessee; and the areas of Grandfather based on collections made in 1923 from parte contacts are prohibited in Mountain that are proposed for critical Mount Mitchell in western North Commission proceedings, such as this habitat designation are privately owned. Carolina, the highest point in eastern one, which involve channel allotments. If this proposal is made final, section North America. Only a few specimens See 47 CFR 1.1204(b) for rules 7(a)(2) of the Act requires that Federal were taken, and little was known about governing permissible ex parte contacts. agencies ensure that actions they fund, the species until its ``rediscovery'' on For information regarding proper authorize, or carry out are not likely to Mount Mitchell, approximately 50 years filing procedures for comments, see 47 result in the destruction or adverse later by Dr. Frederick Coyle (Western CFR 1.415 and 1.420. modification of critical habitat. The Carolina University) and Dr. William Federal Communications Commission. regulatory impact of critical habitat Shear (Hampden-Sydney College) Barbara A. Kreisman, designation does not extend beyond (Coyle 1981). The subsequent work Chief, Video Services Division, Mass Media those activities funded, permitted, or (Coyle 1981, 1985, 1997, 1999; Harp Bureau. carried out by Federal agencies. State or 1991, 1992) represents the bulk of what [FR Doc. 00±25739 Filed 10±5±00; 8:45 am] private actions, with no Federal is presently known of the biology, involvement, are not affected. BILLING CODE 6712±01±P habitat, behavior, range of, and threats Section 4 of the Act requires us to to, the spider. consider the economic and other The spruce-fir moss spider belongs to DEPARTMENT OF THE INTERIOR relevant impacts of specifying any the genus Microhexura in the family particular area as critical habitat. We Dipluridae. Diplurids are in the Fish and Wildlife Service solicit data and comments from the primitive spider suborder public on all aspects of this proposal, Mygalomorphae, which are often 50 CFR Part 17 including data on the economic and referred to as ``tarantulas'' due to the other impacts of the designation. We inclusion of the large, hairy spiders of RIN 1018ÐAG38 may revise this proposal to incorporate the family Theraphosidae. Only two or address comments and other Endangered and Threatened Wildlife genera of Dipluridae, Euagrus and information received during the and Plants; Proposed Designation of Microhexura, are found in the United comment period. Critical Habitat for the Spruce-fir Moss States. Species in the genus Euagrus are Spider DATES: We will consider comments medium to large spiders that build their received by December 5, 2000. We must silk sheets and funnels in rocky AGENCY: Fish and Wildlife Service, receive requests for public hearings, in situations in the arid Southwest. The Interior. writing, at the address shown in the genus Microhexura is the northernmost ACTION: Proposed rule. ADDRESSES section by November 20, representative of the family Dipluridae, 2000. and contains only two speciesÐthe SUMMARY: We, the U.S. Fish and spruce-fir moss spider (M. montivaga) Wildlife Service (Service), propose to ADDRESSES: If you wish to comment, and one with no common name (M. designate critical habitat for the spruce- you may submit your comments by any idahoana) (Chamberlin and Ivie). The fir moss spider (Microhexura one of several methods: two are distinguished by geographic montivaga) under the Endangered 1. You may submit written comments distribution and by features of the male Species Act of 1973, as amended (Act). and information to the State Supervisor, genitalia (Coyle 1981). Otherwise, they The proposed designation of critical Asheville Field Office, U.S. Fish and appear to be similar in both appearance habitat for the spruce-fir moss spider Wildlife Service, 160 Zillicoa Street, and habits (Service 1998). Microhexura includesÐ(1) Areas at and above 1,646 Asheville, North Carolina 28801. idahoana is found in conifer forests in meters (m) (5,400 feet (ft)) in elevation 2. You may hand-deliver written the Pacific Northwest (Coyle 1981). The in the Great Smoky Mountains National comments to our Asheville Field Office, spruce-fir moss spider (M. montivaga) is Park (GSMNP) on and/or in the vicinity at the above address or fax your known only from conifer forests in the of Mount LeConte in Sevier County, comments to 828/258±5330. mountains of North Carolina and Tennessee, and Mount Collins, 3. You may send comments by Tennessee (Coyle 1981, 1997, 1999; Clingmans Dome, and Mount Buckley in electronic mail (e-mail) to Harp 1991, 1992; Service 1995, 1998). Swain County, North Carolina, and [email protected]. For directions on The spruce-fir moss spider is the Sevier County, Tennessee; (2) areas at how to submit electronic filing of smallest of the mygalomorph spiders, and above 1,646 m (5,400 ft) in comments, see the ``Public Comments with adults measuring only 2.5 to 3.8 elevation at Grandfather Mountain in Solicited'' section. millimeters (0.10 to 0.15 inch) in length VerDate 11<MAY>2000 16:06 Oct 05, 2000 Jkt 194001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\06OCP1.SGM pfrm02 PsN: 06OCP1 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Proposed Rules 59799 (Coyle 1981, Service 1995). The species' the spruce-fir moss spider is privately Population and microhabitat coloration ranges from light brown to a owned and is managed by The Nature estimates are not available for the darker reddish brown, and there are no Conservancy through an agreement with Grandfather Mountain, Mount Buckley, markings on the abdomen (Harp 1992). the landowner. or Roan Mountain populations of the The carapace (hard covering over the Recent work by Coyle (1997) indicates spruce-fir moss spider. However, front part of the body) is generally that Mount LeConte currently supports existing data indicate that the yellowish brown (Harp 1992). The most the healthiest of the surviving Grandfather Mountain population is reliable field identification populations of the spruce-fir moss restricted to small patches of suitable characteristics for the species are spider. In his study of the species on microhabitat occurring on a single rock chelicerae (fangs) that project forward Mount LeConte, Coyle (1997) recorded outcrop and a nearby boulder (Harp well beyond the anterior (front) edge of the species from four small, separate 1992; pers. observation 1995). The the carapace, a pair of very long areas of rock outcrop (approximately Mount Buckley population is restricted posterior spinnerets (organ for 0.10 hectare [0.25 acre], 0.15 hectare to scattered patches of suitable producing threads of silk), and the [0.38 acre], 0.25 hectare [0.63 acre], and microhabitat on separate rock outcrop presence of a second pair of book lungs 0.50 hectare [1.25 acres] in size) and sites within an area roughly 0.20 hectare that appear as light patches posterior to estimated that the largest three of these (0.5 acre) in size. On Roan Mountain, the genital furrow (Harp 1992; Coyle, in areas support a population of Coyle (1999) recorded scattered litt. 1994; Service 1995). approximately 5,000 individuals. He occurrences of the spruce-fir moss estimated that the 0.25-hectare site Distribution, Habitat, and Life History spider at 12 small, separate rock outcrop provided a total of approximately 12 sites but found more than two spiders Microhexura montivaga is known square meters (m2) (roughly 133 square living in the same discrete patch of from only the highest mountain peaks feet) of suitable microhabitat, and the moss/liverwort on only three occasions. (at and above 1,646 m (5,400 ft) in 0.15-hectare site provided He found four spiders in an 800 square 2 elevation) in the Southern Appalachian approximately 7 m (78 square feet) of centimeters (sq cm) (approximately 1.0 Mountains of North Carolina and suitable microhabitat for the spruce-fir square feet (sq ft)) patch of liverwort at Tennessee. It has been recorded from moss spider. Measurements of likely one site, five spiders in a 900 sq cm (1.2 Mount Mitchell, Yancey County, North suitable microhabitat have not yet been sq ft) patch of moss at another site, and Carolina; Grandfather Mountain, made at the other two sites on Mount four spiders in a 900 sq cm (1.2 sq ft) Watauga, Avery, and Caldwell Counties, LeConte.
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