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Designation of Critical Habitat for Texas Golden Gladecress and Neches River Rose-Mallow; Final Rule

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Designation of Critical Habitat for Texas Golden Gladecress and Neches River Rose-Mallow; Final Rule Vol. 78 Wednesday, No. 176 September 11, 2013 Part VI Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Texas Golden Gladecress and Neches River Rose-Mallow; Final Rule VerDate Mar<15>2010 19:16 Sep 10, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SER3.SGM 11SER3 mstockstill on DSK4VPTVN1PROD with RULES3 56072 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Ecological Services Field Office (see have completed the final economic ADDRESSES). Persons who use a analysis (FEA) concurrently with this Fish and Wildlife Service telecommunications device for the deaf final determination. (TDD) may call the Federal Information Peer review and public comment. We 50 CFR Part 17 Relay Service (FIRS) at 800–877–8339. sought comments from independent specialists to ensure that our [Docket No. FWS–R2–ES–2013–0027, SUPPLEMENTARY INFORMATION: 4500030113] designation is based on scientifically Executive Summary sound data and analyses. We obtained RIN 1018–AZ49 Why we need to publish a rule. On opinions from four knowledgeable September 11, 2012 (77 FR 55968), we individuals with scientific expertise to Endangered and Threatened Wildlife published a proposed rule to designate review our technical assumptions, and Plants; Designation of Critical critical habitat for Leavenworthia texana analysis, and whether or not we had Habitat for Texas Golden Gladecress (Texas golden gladecress) and Hibiscus used the best available information. and Neches River Rose-Mallow dasycalyx (Neches River rose-mallow). These peer reviewers generally AGENCY: Fish and Wildlife Service, In this rule, we are finalizing our concurred with our methods and Interior. designation for critical habitat under the conclusions and provided additional ACTION: Final rule. Endangered Species Act (Act). The Act information, clarifications, and requires that a final rule be published in suggestions to improve this final rule. SUMMARY: We, the U.S. Fish and order to designate critical habitat for Information we received from peer Wildlife Service (Service), designate endangered and threatened wildlife to review is incorporated in this final critical habitat for two Texas plants, provide protections under the Act. revised designation. We also considered Leavenworthia texana (Texas golden Elsewhere in today’s Federal Register, all comments and information received gladecress) and Hibiscus dasycalyx we are finalizing determination of from the public during the comment (Neches River rose-mallow), under the listing Leavenworthia texana (Texas period. golden gladecress) as an endangered Endangered Species Act of 1973. Previous Federal Actions Critical habitat for the Texas golden species and Hibiscus dasycalyx (Neches gladecress is located in Sabine and San River rose-mallow) as a threatened All previous Federal actions are Augustine Counties, Texas, and for the species under the Act. The final listing described in the final rule to list the Neches River rose-mallow in determination rule and supporting Texas golden gladecress as an Nacogdoches, Houston, Trinity, documents will publish under Docket endangered species and Neches River Cherokee, and Harrison Counties, Texas. No. FWS–R2–ES–2012–0064, and can rose-mallow as a threatened species The effect of this regulation is to also be found at the above locations. under the Act published elsewhere in designate critical habitat for these two The critical habitat areas we are today’s Federal Register. designating in this rule constitute our East Texas plants under the Endangered Background Species Act. current best assessment of the areas that meet the definition of critical habitat for This document contains final rules to DATES: This rule becomes effective on the Texas golden gladecress and the designate critical habitat for the Texas October 11, 2013. Neches River rose-mallow. Here we are golden gladecress and Neches River ADDRESSES: This final rule and other designating: rose-mallow. The document is supplementary information are available • Approximately 1,353 ac (547 ha) of structured to address the taxa separately on the Internet at http:// critical habitat for the Texas golden under each of the sectional headings www.regulations.gov (Docket No. FWS– gladecress in Sabine and San Augustine that follow. R2–ES–2013–0027) and also at http:// Counties; and Summary of Comments and www.fws.gov/southwest/es/ • Approximately 166.5 ac (67.4 ha) of _ Recommendations ElectronicLibrary/ElectronicLibrary critical habitat for the Neches River Main.cfm. These documents are also rose-mallow in Cherokee, Houston, We requested written comments from available for public inspection, by Trinity, Harrison, and Nacogdoches the public on the proposed designation appointment, during normal business Counties, Texas. of critical habitat for the Texas golden hours, at the U.S. Fish and Wildlife This rule consists of: A final rule for gladecress and Neches River rose- Service, Texas Coastal Ecological designation of critical habitat for the mallow during two comment periods. Services Field Office, 6300 Ocean Drive, Texas golden gladecress and the Neches The first comment period associated USFWS Unit 5837, Corpus Christi, TX River rose-mallow. The Texas golden with the publication of the proposed 78412–5837; telephone 361–994–9005; gladecress and the Neches River rose- rule (77 FR 55968) opened on facsimile 361–994–8262. mallow have been listed under the Act. September 11, 2012, and closed on The coordinates or plot points or both This rule designates critical habitat November 13, 2012. We also requested from which the critical habitat maps are necessary for the conservation of the comments on the proposed critical generated are included in the species. habitat designation and associated draft administrative record for this We have prepared an economic economic analysis during a comment rulemaking and are available at http:// analysis of the designation of critical period that opened April 16, 2013, and www.fws.gov/southwest/es/ habitat. In order to consider economic closed on May 16, 2013 (78 FR 22506). ElectronicLibrary/ElectronicLibrary_ impacts, we have prepared an analysis We received requests for a public Main.cfm, at http://www.regulations.gov of the economic impacts of the critical hearing, and one was held on May 1, at Docket No. FWS–R2–ES–2013–0027, habitat designations and related factors. 2013. We also contacted appropriate and at the Texas Coastal Ecological We announced the availability of the Federal, State, and local agencies; Services Field Office, Corpus Christi draft economic analysis (DEA) in the scientific organizations; and other (see FOR FURTHER INFORMATION CONTACT). Federal Register on April 16, 2013 (78 interested parties and invited them to FOR FURTHER INFORMATION CONTACT: FR 22506), allowing the public to comment on the proposed rule and draft Edith Erfling, Field Supervisor, U.S. provide comments on our analysis. We economic analysis during these Fish and Wildlife Service, Texas Coastal have incorporated the comments and comment periods. VerDate Mar<15>2010 19:16 Sep 10, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 56073 During the first comment period, we that critical habitat designation for the habitats, rare plants, and the Act listing received 15 comment letters directly Texas golden gladecress would be an process and implications, particularly as addressing the proposed critical habitat improvement to conservation efforts for it applies to plants. In addition to these designation. During the second this species and an associated landowners, 24 other individuals were comment period, we received 22 endangered plant. The peer reviewers invited to the workshop, including two comment letters addressing the pointed out additional information, San Augustine County commissioners, proposed critical habitat designation or clarifications, and suggestions for future the Mayor of San Augustine, the the draft economic analysis. During the research that would inform future Chairman of the local Soil and Water May 1, 2013, public hearing, five surveys to refine the geographic range, Conservation District, NRCS, Texas individuals or organizations made and help with management and Forest Service, a private forestry comments on the designation of critical recovery efforts. Peer reviewer services company, and a mining habitat for the Texas golden gladecress comments are addressed in the company. Of the 28 invitees, 17 and Neches River rose-mallow. All following summary and incorporated attended the workshop and field tour. substantive information provided into the final rule as appropriate. As additional outreach to Neches during comment periods has either been Peer Reviewer Comments River rose-mallow landowners, land incorporated directly into this final managers, and agencies that work with determination or addressed below. (1) Comment: Additional outreach to them, TPWD organized a workshop and Comments received were grouped by private landowners with potential two-day field trip in August, 2012. The submitter’s affiliation, whether peer critical habitat is recommended, prior to workshop also furnished an opportunity reviewer, State (agencies or officials), or the determination. It is essential
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