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Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule

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Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule Vol. 77 Tuesday, No. 118 June 19, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule VerDate Mar<15>2010 18:08 Jun 18, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19JNR3.SGM 19JNR3 tkelley on DSK3SPTVN1PROD with RULES3 36728 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR approximately 12,377 ac (5,009 ha) from 822–7201; facsimile 707–822–8411. the 2005 designation of critical habitat Persons who use a telecommunications Fish and Wildlife Service for the Pacific Coast WSP. A taxonomic device for the deaf (TDD) may call the name change has occurred and been Federal Information Relay Service 50 CFR Part 17 accepted for the snowy plover. (FIRS) at 800–877–8339. Throughout the remainder of this [Docket No. FWS–R8–ES–2010–0070; SUPPLEMENTARY INFORMATION: 4500030114] document, we will use the currently recognized name for the subspecies, Executive Summary RIN 1018–AX10 Charadrius nivosus nivosus, to which Why we need to publish a rule. This the listed entity (Pacific Coast WSP) is a final rule to revise the designation Endangered and Threatened Wildlife belongs for references to the Pacific of critical habitat for the threatened and Plants; Revised Designation of Coast WSP. Pacific Coast population of the western Critical Habitat for the Pacific Coast DATES: This rule becomes effective on snowy plover under the Act. Under the Population of the Western Snowy July 19, 2012. Act, any species that is determined to be Plover ADDRESSES: This final rule, final endangered or threatened requires AGENCY: Fish and Wildlife Service, economic analysis, and maps of critical designated critical habitat. We must Interior. habitat will be available on the Internet issue a rule to designate critical habitat. ACTION: Final rule. at http://www.regulations.gov at Docket In total, approximately 24,527 acres No. FWS–R8–ES–2010–0070, and at (9,926 hectares) of critical habitat for the SUMMARY: We, the U.S. Fish and http://www.fws.gov/arcata/. Comments Pacific Coast WSP in Washington, Wildlife Service (Service), designate and materials received, as well as Oregon, and California, fall within the revised critical habitat for the Pacific supporting documentation used in boundaries of the critical habitat Coast distinct population segment (DPS) preparing this final rule, are available designation. (Pacific Coast WSP) of the western for public inspection, by appointment, We designated critical habitat for this snowy plover (Charadrius nivosus during normal business hours, at the species in 1999 and again in 2005. As nivosus, formerly C. alexandrinus U.S. Fish and Wildlife Service, Arcata part of a settlement agreement, we nivosus) under the Endangered Species Fish and Wildlife Office, 1655 Heindon agreed to reconsider the designations. A Act of 1973, as amended (Act). In total, Road, Arcata, CA 95521; telephone 707– proposed revised critical habitat was approximately 24,527 acres (9,926 822–7201; facsimile 707–822–8411. published in the Federal Register on hectares) of critical habitat for the FOR FURTHER INFORMATION CONTACT: March 22, 2011 (76 FR 16046). This Pacific Coast WSP in Washington, Nancy Finley, Field Supervisor, or Jim constitutes our final revised designation Oregon, and California, fall within the Watkins, Fish and Wildlife Biologist, for the Pacific Coast WSP. boundaries of the critical habitat U.S. Fish and Wildlife Service, Arcata We are making the following changes designation. This revised final Fish and Wildlife Office, 1655 Heindon to the critical habitat designation. See designation constitutes an increase of Road, Arcata, CA 95521; telephone 707– Table 2 for details. State Current critical habitat designation Revised designation Factors affecting revised designation Washington .... 2,526 acres (1,023 hectares) of Federal, Four units in Washington, totaling 6,077 We are excluding 425 acres (172 hec- State, and Private lands. acres (2,460 hectares). tares) of Tribal lands from designation based on partnerships. Oregon ........... 2,147 acres (869 hectares) of Federal, 9 units in Oregon, totaling 2,112 acres We are excluding 3,106 acres (1,257 State, and Private lands. (856 hectares). hectares) of lands from designation based on partnerships with land- owners. California ........ 7,477 acres (3,030 hectares) of Federal, 47 units in California, totaling 16,337 We are excluding 266 acres (108 hec- State, and Private lands. acres (6,612 hectares). tares) of lands from designation based on partnerships with landowners. The basis for our action. Under the draft economic analysis (77 FR 2243). Information we received from peer Endangered Species Act, any We received public comments on the review is incorporated in this final endangered or threatened species must draft economic analysis and revised it revised designation. have a designated critical habitat. We based on input from the public. The Background are required to base the designation on economic analysis did not identify any the best available scientific data after areas with disproportionate costs It is our intent to discuss in this final taking into consideration economic and associated with the designation, and no rule only those topics directly relevant other impacts. The Secretary can areas were excluded from the final to the development and designation of exclude an area from critical habitat if designation based on economic reasons. revised critical habitat for the Pacific the benefits of exclusion outweigh the We incorporated peer review. We Coast WSP under the Act (16 U.S.C. benefits of designation, unless the sought comments and information from 1531 et seq.). For more information on exclusion will result in the extinction of independent specialists to ensure that the taxonomy, biology, and ecology of the species. our critical habitat designation was the Pacific Coast WSP, refer to the final We prepared an economic analysis. based on scientifically sound data, listing rule published in the Federal To ensure that we consider the assumptions, and analyses. We had Register on March 5, 1993 (58 FR economic impacts, we prepared a new invited these peer reviewers to comment 12864); the 12-month finding on a economic analysis of the proposed on our specific assumptions and petition to delist the Pacific Coast WSP revised designation. On January 17, conclusions in the proposed revision of (71 FR 20607, April 21, 2006); and the 2012, we made available our revised the critical habitat designation. revised proposed critical habitat rule VerDate Mar<15>2010 18:08 Jun 18, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations 36729 published in the Federal Register on Climate Change more than twice earlier projections. March 22, 2011 (76 FR 16046). Our analyses under the Act include Combined with California’s normal Additional information on this species consideration of ongoing and projected dramatic tidal fluctuations and can also be found in the Recovery Plan changes in climate. The terms ‘‘climate’’ coincidental storms, the severity of the for the Pacific Coast Population of the and ‘‘climate change’’ are defined by the latter increasing with more frequent El Western Snowy Plover (Charadrius Intergovernmental Panel on Climate Nin˜ o Southern Oscillations due to alexandrinus nivosus) finalized on Change (IPCC). ‘‘Climate’’ refers to the increasing surface water temperature August 13, 2007, which is available mean and variability of different types (Cayan et al. 2006, p. 17), the effects of from the Arcata Fish and Wildlife Office of weather conditions over time, with 30 sea level rise are expected to reach (see ADDRESSES section) (Service 2007). years being a typical period for such farther inland than previously Information on the associated draft measurements, although shorter or anticipated (Cayan et al. 2006, pp. 48– 49; Cayan et al. 2009, p. 40). Similar economic analysis for the revised longer periods also may be used (IPCC effects are expected to occur along the proposed critical habitat was published 2007, p. 78). The term ‘‘climate change’’ Oregon and Washington coastlines in the Federal Register on January 17, thus refers to a change in the mean or variability of one or more measures of (Galbraith et al. 2002, pp. 173–183; 2012 (77 FR 2243). The nomenclature Huppert et al. 2009, pp. 285–309; for the listed entity has changed to the climate (e.g., temperature or precipitation) that persists for an Ruggiero et al. 2010, 211–262). ‘‘Pacific Coast population of the western For the Pacific Coast WSP and other extended period, typically decades or snowy plover (Charadrius nivosus shorebird habitat, Galbraith et al. (2002, longer, whether the change is due to nivosus),’’ but this change does not alter pp. 173–183) in a study of sites in the description or distribution of the natural variability, human activity, or Washington (Willapa Bay) and species. both (IPCC 2007, p. 78). Various types California (Humboldt Bay and San of changes in climate can have direct or Francisco Bay) projected losses of Change in Taxonomic Nomenclature indirect effects on species. These effects intertidal habitat could range between may be positive, neutral, or negative, 20 and 70 percent of the existing In our January 17, 2012, Federal and they may change over time, Register publication (77 FR 2243), habitat. In addition, sea-level rise may depending on the species and other result in coastal areas to lose their which made available the draft relevant considerations, such as the economic analysis on the March 22, ability to continue to support the effects of interactions of climate with current number of shorebirds.
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