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Vol. 78 Thursday, No. 80 April 25, 2013 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern Distinct Population Segment of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Proposed Rule VerDate Mar<15>2010 18:06 Apr 24, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25APP3.SGM 25APP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 24516 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Proposed Rules DEPARTMENT OF THE INTERIOR under the Document Type heading, under the Endangered Species Act. In click on the Proposed Rules link to total, approximately 447,341 hectares Fish and Wildlife Service locate this document. You may submit (1,105,400 acres) are being proposed for a comment by clicking on ‘‘Comment designation as critical habitat in Butte, 50 CFR Part 17 Now!’’ Plumas, Lassen, Sierra, Nevada, Placer, [Docket No. FWS–R8–ES–2012–0074; (2) By hard copy: Submit by U.S. mail El Dorado, Amador, Calaveras, Alpine, 4500030113] or hand-delivery to: Public Comments Mariposa, Mono, Madera, Tuolumne, Processing, Attn: FWS–R8–ES–2012– Fresno, and Inyo Counties, California. RIN 1018–AY07 0074; Division of Policy and Directives • We are proposing critical habitat for Management; U.S. Fish and Wildlife the northern DPS of the mountain Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, MS yellow-legged frog under the and Plants; Designation of Critical 2042–PDM; Arlington, VA 22203. Endangered Species Act. In total, Habitat for the Sierra Nevada Yellow- We request that you send comments approximately 89,637 hectares (221,498 Legged Frog, the Northern Distinct only by the methods described above. acres) are being proposed for Population Segment of the Mountain We will post all comments on http:// designation as critical habitat in Fresno Yellow-Legged Frog, and the Yosemite www.regulations.gov. This generally and Tulare Counties, California. Toad • means that we will post any personal We are proposing critical habitat for AGENCY: Fish and Wildlife Service, information you provide us (see the Yosemite toad under the Interior. Information Requested below for more Endangered Species Act. In total, approximately 303,889 hectares ACTION: Proposed rule. information). The coordinates or plot points or both (750,926 acres) are being proposed for SUMMARY: We, the U.S. Fish and from which the maps are generated are designation as critical habitat in Alpine, Wildlife Service, propose to designate included in the administrative record Tuolumne, Mono, Mariposa, Madera, critical habitat for the Sierra Nevada for this critical habitat designation and Fresno, and Inyo Counties, California. yellow-legged frog, the northern distinct are available at http://www.fws.gov/ The basis for our action. Under the population segment (DPS) (populations sacramento, www.regulations.gov at Act, any species that is determined to be that occur north of the Tehachapi Docket No. FWS–R8–ES–2012–0074, a threatened or endangered species Mountains) of the mountain yellow- and at the Sacramento Fish and Wildlife shall, to the maximum extent prudent and determinable, have habitat legged frog, and the Yosemite toad Office (see FOR FURTHER INFORMATION designated that is considered to be under the Endangered Species Act of CONTACT). Any additional tools or critical habitat. Section 4(b)(2) of the 1973, as amended (Act). In total, we supporting information that we may Endangered Species Act states that the propose to designate as critical habitat develop for this critical habitat Secretary shall designate and make approximately 447,341 hectares designation will also be available at the revisions to critical habitat on the basis (1,105,400 acres) for the Sierra Nevada Fish and Wildlife Service Web site and of the best available scientific data after yellow-legged frog in Butte, Plumas, Field Office set out above, and may also taking into consideration the economic Lassen, Sierra, Nevada, Placer, El be included in the preamble and/or at impact, national security impact, and Dorado, Amador, Calaveras, Alpine, www.regulations.gov. Mariposa, Mono, Madera, Tuolumne, any other relevant impact of specifying FOR FURTHER INFORMATION CONTACT: Jan any particular area as critical habitat. Fresno, and Inyo Counties, California; Knight, Acting Field Supervisor, U.S. approximately 89,637 hectares (221,498 The Secretary may exclude an area from Fish and Wildlife Service, Sacramento critical habitat if he determines that the acres) for the northern DPS of the Fish and Wildlife Office, 2800 Cottage mountain yellow-legged frog in Fresno benefits of such exclusion outweigh the Way Room W–2605, Sacramento, CA benefits of specifying such area as part and Tulare Counties, California; and 95825; by telephone 916–414–6600; or approximately 303,889 hectares of the critical habitat, unless he by facsimile 916–414–6712. Persons determines, based on the best scientific (750,926 acres) for the Yosemite toad in who use a telecommunications device Alpine, Tuolumne, Mono, Mariposa, data available, that the failure to for the deaf (TDD) may call the Federal designate such area as critical habitat Madera, Fresno, and Inyo Counties, Information Relay Service (FIRS) at California. will result in the extinction of the 800–877–8339. species. DATES: We will accept comments SUPPLEMENTARY INFORMATION: We will seek peer review. We are received or postmarked on or before Executive Summary seeking comments from knowledgeable June 24, 2013. Comments submitted individuals with scientific expertise to electronically using the Federal Why we need to publish a rule. Under review our analysis of the best available eRulemaking Portal (see ADDRESSES the Act, critical habitat shall be science and application of that science below) must be received by 11:59 p.m. designated, to the maximum extent and to provide any additional scientific Eastern Time on the closing date. We prudent and determinable, for any information to improve this proposed must receive requests for public species determined to be an endangered rule. Because we will consider all hearings, in writing, at the address or threatened species under the Act. comments and information received shown in the FOR FURTHER INFORMATION Designations and revisions of critical during the comment period, our final CONTACT section by June 10, 2013. habitat can only be completed by determination may differ from this ADDRESSES: You may submit comments issuing a rule. proposal. by one of the following methods: This rule proposes to designate (1) Electronically: Go to the Federal critical habitat for the Sierra Nevada Information Requested eRulemaking Portal: http:// yellow-legged frog, the northern distinct We intend that any final action www.regulations.gov. In the Search box, population segment of the mountain resulting from this proposed rule will be enter Docket No. FWS–R8–ES–2012– yellow-legged frog, and the Yosemite based on the best scientific data 0074, which is the docket number for toad. available and be as accurate and as this rulemaking. Then, in the Search • We are proposing critical habitat for effective as possible. Therefore, we panel on the left side of the screen, the Sierra Nevada yellow-legged frog request comments or information from VerDate Mar<15>2010 18:06 Apr 24, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25APP3.SGM 25APP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Proposed Rules 24517 other concerned governmental agencies, proposed designation that are subject to critical habitat by September 30, 2013. Native American tribes, the scientific these impacts. This is the proposed rule to designate community, industry, or any other (6) Whether any specific areas critical habitat for these species. interested parties concerning this proposed for critical habitat designation Background proposed rule. We particularly seek should be considered for exclusion comments concerning: under section 4(b)(2) of the Act, and It is our intent to discuss below only (1) The reasons why we should or whether the benefits of potentially those topics directly relevant to the should not designate habitat as critical excluding any specific area outweigh designation of critical habitat for the habitat under section 4 of the Act (16 the benefits of including that area under Sierra Nevada yellow-legged frog, the U.S.C. 1531 et seq.), including whether section 4(b)(2) of the Act. northern DPS of the mountain yellow- there are threats to these species from (7) Whether our approach to legged frog and the Yosemite toad in human activity, the degree of which can designating critical habitat could be this section of the proposed rule. For be expected to increase due to the improved or modified in any way to more information on these species’ designation, and whether that increase provide for greater public participation taxonomy, life history, habitat, and in threat outweighs the benefit of and understanding, or to assist us in population descriptions, refer to the 12- designation such that the designation of accommodating public concerns and month finding published January 25, critical habitat is not prudent. comments. 2007 (72 FR 34557) and the proposed (2) Specific information on: (8) The likelihood of adverse social listing rule published elsewhere in (a) The amount and distribution of reactions to the designation of critical today’s Federal Register for the Sierra Sierra Nevada yellow-legged frog, the habitat and how the consequences of Nevada yellow-legged frog and the northern DPS of the mountain yellow- such reactions, if likely to occur, would northern DPS of the mountain yellow- legged frog, and Yosemite toad, and relate to the conservation and regulatory legged frog and the 12-month finding their habitats; benefits of the proposed critical habitat published in December 10, 2002 (67 FR (b) What may constitute ‘‘physical or designation.
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