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Federal Register/Vol. 85, No. 39/Thursday, February 27, 2020

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Federal Register/Vol. 85, No. 39/Thursday, February 27, 2020 11458 Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules DEPARTMENT OF THE INTERIOR Leesburg Pike, Falls Church, VA 22041– yellow-billed cuckoo as a threatened 3803. species (79 FR 59992). A proposed Fish and Wildlife Service We request that you send comments critical habitat designation was only by the methods described above. published in the Federal Register on 50 CFR Part 17 We will post all comments on http:// August 15, 2014 (79 FR 48548). Based www.regulations.gov. This generally on information received from Federal, [Docket No. FWS–R8– ES–2013–0011; means that we will post any personal State, or local government agencies, 4500030114] information you provide us (see the Tribal entities, and the public, and our Information Requested section below for review of our previous proposed rule, RIN 1018–AZ44 more information). we have determined to revise our Endangered and Threatened Wildlife The coordinates or plot points or both previous proposal, and to propose, as and Plants; Revised Designation of from which the critical habitat maps are discussed herein, that approximately Critical Habitat for the Western Distinct generated will be included in the 493,665 acres (ac) (199,779 hectares Population Segment of the Yellow- decisional record materials for this (ha)) should be designated as critical Billed Cuckoo rulemaking and are available at http:// habitat for the western yellow-billed www.regulations.gov at Docket No. cuckoo. AGENCY: Fish and Wildlife Service, FWS–R8–ES–2013–0011, and at the The critical habitat areas we are Interior. Sacramento Fish and Wildlife Office at proposing to designate in this rule ACTION: Proposed rule. http://www.fws.gov/sacramento (see FOR constitute our current best assessment of FURTHER INFORMATION CONTACT). Any the areas that meet the definition of SUMMARY: We, the U.S. Fish and additional tools or supporting critical habitat for the western yellow- Wildlife Service (Service), revise the information that we may develop for billed cuckoo. Section 4(b)(2) allows the proposed critical habitat for the western this critical habitat designation will also Secretary to exclude areas if the benefits distinct population segment of the be available at the U.S. Fish and of exclusion outweigh the benefits of yellow-billed cuckoo (western yellow- Wildlife Service website and field office inclusion as critical habitat, unless, billed cuckoo) (Coccyzus americanus) set out above, and may also be included based on the best available scientific under the Endangered Species Act. In in the preamble of this rule or at http:// and commercial data available, that total, approximately 493,665 acres www.regulations.gov. exclusion would lead to extinction. In this revised proposed designation, we (199,779 hectares) are now being FOR FURTHER INFORMATION CONTACT: have identified a total of approximately proposed for designation as critical Jennifer Norris, Field Supervisor, U.S. 145,710 ac (58,968 ha) that we will habitat in Arizona, California, Colorado, Fish and Wildlife Service, Sacramento consider for exclusion from the final Idaho, New Mexico, Texas, and Utah. If Fish and Wildlife Office, 2800 Cottage designation (see Consideration of we finalize this rule as proposed, it Way, Room W–2605, Sacramento, Impacts Under Section 4(b)(2) of the would extend the Act’s protections to California 95825; or by telephone 916– this species’ critical habitat. Act). 414–6600. If you use a What this document does. This is a DATES: We will accept comments on the telecommunications device for the deaf revised proposed rule to designate revised proposed rule that are received (TDD), call the Federal Relay Service critical habitat for the western yellow- or postmarked on or before April 27, (FRS) at 800–877–8339. billed cuckoo. This revised proposed 2020. Comments submitted SUPPLEMENTARY INFORMATION: designation of critical habitat identifies electronically using the Federal areas that we propose to determine, ADDRESSES Executive Summary eRulemaking Portal (see based on the best scientific and below) must be received by 11:59 p.m. Scope of this rule. The information commercial information available, are Eastern Time on the closing date. We presented in this revised proposed rule essential to the conservation of the must receive requests for public pertains only to the western distinct species or otherwise essential for its hearings, in writing, at the address population segment of the yellow-billed conservation. The revised proposed shown in FOR FURTHER INFORMATION cuckoo (western yellow-billed cuckoo) critical habitat comprises 72 units and CONTACT by April 13, 2020. (DPS). Any reference to the ‘‘species’’ is located in the States of Arizona, ADDRESSES: You may submit comments within this document only applies to California, Colorado, Idaho, New on the revised proposed rule or draft the DPS and not to the yellow-billed Mexico, Texas, and Utah. economic analysis by one of the cuckoo as a whole unless specifically Draft economic analysis. In order to following methods: expressed. A complete description of consider economic impacts of (1) Electronically: Go to the Federal the DPS and area associated with the designating critical habitat for the eRulemaking Portal: http:// DPS is contained in the proposed and western yellow-billed cuckoo, we have www.regulations.gov. In the Search box, final listing rules for the western examined the economic information enter Docket No. FWS–R8–ES–2013– yellow-billed cuckoo published in the provided in the 2014 proposed rule (see 0011, which is the docket number for Federal Register (78 FR 61621; October Consideration of Economic Impacts, this rulemaking. Then, in the Search 3, 2013, and 79 FR 59992; October 3, below, for additional information) and panel on the left side of the screen, 2014). have revised that information based on under the Document Type heading, Why we need to publish a rule. Under a revised economic analysis for this click on the Proposed Rules link to the Endangered Species Act, any species revised proposed critical habitat locate this document. You may submit that is determined to be an endangered designation. We are soliciting a comment by clicking on ‘‘Comment or threatened species requires critical information on the economic impact of Now!’’ habitat to be designated, to the the revised proposed designation and (2) By hard copy: Submit by U.S. mail maximum extent prudent and will continue to reevaluate the potential or hand-delivery to: Public Comments determinable. Designations and economic impacts between our Processing, Attn: FWS–R8–ES–2013– revisions of critical habitat can only be proposed and final designation. The 0011; U.S. Fish and Wildlife Service completed by issuing a rule. On October supporting information we used in Headquarters, MS: JAO 1/N, 5275 3, 2014, we finalized listing the western determining the economic impacts of VerDate Sep<11>2014 17:50 Feb 26, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27FEP2.SGM 27FEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules 11459 the revised proposed critical habitat is American tribes, the scientific and have been conserved to help summarized in this rule (see community, industry, or any other preserve open space, recreation Consideration of Economic Impacts) and interested parties concerning this opportunities, and wildlife habitat is available at http:// revised proposed rule. Comments through a partnership involving the www.regulations.gov at Docket No. previously submitted need not be BLM, The Conservation Fund, The FWS–R8–ES–2013–0011 and at the resubmitted. We will consider all Teton Regional Land Trust, and The Sacramento Fish and Wildlife Office at comments received since the August 15, Nature Conservancy (TNC). We are http://www.fws.gov/sacramento (see FOR 2014, proposed designation (79 FR looking for additional information, such FURTHER INFORMATION CONTACT). 48548) and respond to those comments as management plans or specific Peer review. In accordance with our as appropriate in the final designation of agreements, regarding these peer review policy published on July 1, critical habitat for the western yellow- conservation properties that describe 1994 (59 FR 34270), we solicited expert billed cuckoo. For this revised proposed the commitment and assurances of opinions from appropriate and designation, we particularly seek protection of the physical or biological independent knowledgeable individuals comments concerning: features for the western yellow-billed on the August 15, 2014, proposed (1) The western yellow-billed cuckoo to help us evaluate these areas critical habitat rule (79 FR 48548). We cuckoo’s biology and range; habitat for potential exclusion from final received responses from four requirements for feeding, breeding, and critical habitat designation under individuals with scientific expertise that sheltering; and the locations of any section 4(b)(2) of the Act. We are also included familiarity with the species, additional populations. looking for information regarding the geographic region in which the (2) Specific information on: private land(s) in Unit 65 (ID–1) where species occurs, and conservation (a) The amount and distribution of landowners may be pursuing a biology principles. We reviewed the western yellow-billed cuckoo habitat; conservation easement or fee title comments received from these four peer (b) Information on the physical or purchase in the future and
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