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Designation of Critical Habitat for the Devils River Minnow

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Designation of Critical Habitat for the Devils River Minnow Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules 41679 term (e.g., one year, 10 years, and 30 comments and materials by any one of included in the designation that were years)? Please provide suggestions about several methods: occupied at the time of listing that how HHS/CDC could reduce or avoid 1. You may mail or hand-deliver contain the features that are essential for the impact on small entities, and how written comments and information to the conservation of the species and why, those changes would affect the potential Adam Zerrenner, Field Supervisor, U.S. and what areas that were not occupied effectiveness of the rules. Fish and Wildlife Service, Austin at the listing are essential to the Ecological Services Field Office, 10711 conservation of the species and why; References Burnet Road, Suite 200, Austin, TX (3) Information on the status of the 1. Regulations on the importation of dogs 78758. Devils River minnow in Sycamore Creek and cats (42 CFR 71.51): http:// 2. You may send comments by and Las Moras Creek watersheds and a257.g.akamaitech.net/7/257/2422/ electronic mail (e-mail) to information that indicates whether or 05dec20031700/edocket.access.gpo.gov/ _ not these areas should be considered _ fw2 [email protected]. Please see the Public cfr 2003/octqtr/42cfr71.51.htm. essential to the conservation of the 2. Other animal-importation regulations Comments Solicited section below for file format and other information about species; (42 CFR 71.56) and orders: (4) Land use designations and current a. http://edocket.access.gpo.gov/2003/03- electronic filing. 27557.htm 3. You may fax your comments to the or planned activities in the subject areas b. http://www.cdc.gov/ncidod/monkeypox/ attention of Adam Zerrenner at 512– and their possible impacts on proposed animals.htm 490–0974. critical habitat; c. http://www.cdc.gov/flu/avian/outbreaks/ 4. You may go to the Federal (5) Any foreseeable economic, embargo.htm eRulemaking Portal: http:// national security, or other potential d. http://www.cdc.gov/ncidod/sars/ www.regulations.gov. Follow the impacts resulting from the proposed civetembargo.htm instructions for submitting comments. designation and, in particular, any Dated: April 16, 2007. Comments and materials received, as impacts on small entities and Michael Leavitt, well as supporting documentation used information about the benefits of Secretary. in the preparation of this proposed rule, including or excluding any areas that will be available for public inspection, exhibit those impacts; and Editorial Note: This document was by appointment, during normal business (6) Whether our approach to received at the Office of the Federal Register designating critical habitat could be on July 25, 2007. hours at the Austin Ecological Services Field Office, 10711 Burnet Road, Suite improved or modified in any way to [FR Doc. E7–14623 Filed 7–30–07; 8:45 am] 200, Austin, TX 78758; telephone 512– provide for greater public participation BILLING CODE 4163–18–P 490–0057. and understanding, or to assist us in accommodating public concerns and FOR FURTHER INFORMATION CONTACT: comments. Adam Zerrenner, Field Supervisor, You may submit comments and DEPARTMENT OF THE INTERIOR Austin Ecological Services Field Office, materials concerning this proposal by 10711 Burnet Road, Suite 200, Austin, Fish and Wildlife Service one of several methods (see ADDRESSES). TX 78758; telephone 512–490–0057; Please include ‘‘Attn: Devils River facsimile 512–490–0974. Persons who 50 CFR Part 17 minnow’’ in your e-mail subject header use a telecommunications device for the and your name and return address in RIN 1018–AV25 deaf (TDD) may call the Federal the body of your message. If you do not Information Relay Service (FIRS) at receive a confirmation from the system Endangered and Threatened Wildlife 800–877–8339, 7 days a week and 24 that we have received your message, and Plants; Designation of Critical hours a day. contact us directly by calling our Austin Habitat for the Devils River Minnow SUPPLEMENTARY INFORMATION: Ecological Services Field Office at 512– AGENCY: Fish and Wildlife Service, Public Comments Solicited 490–0057. Please note that comments Interior. must be received by the date specified We intend that any final action in the DATES section in order to be ACTION: Proposed rule. resulting from this proposal will be as considered and that the e-mail address accurate and as effective as possible. _ SUMMARY: fw2 [email protected] will be closed out at We, the U.S. Fish and Therefore, comments or suggestions Wildlife Service (Service), propose to the termination of the public comment from the public, other concerned period. designate critical habitat for the Devils governmental agencies, the scientific River minnow (Dionda diaboli) under Before including your address, phone community, industry, or any other number, e-mail address, or other the Endangered Species Act of 1973, as interested party concerning this amended (Act). In total, approximately personal identifying information in your proposed rule are hereby solicited. comment, you should be aware that 73.5 stream kilometers (km) (45.7 stream Comments particularly are sought miles (mi)) are within the boundaries of your entire comment—including your concerning: personal identifying information—may the proposed critical habitat (1) The reasons habitat should or designation. The proposed critical be made publicly available at any time. should not be designated as critical While you can ask us in your comment habitat is located along streams in Val habitat under section 4 of the Act (16 Verde and Kinney Counties, Texas. to withhold your personal identifying U.S.C. 1531 et seq.), including whether information from public review, we DATES: We will accept comments from the benefit of designation would cannot guarantee that we will be able to all interested parties until October 1, outweigh any threats to the species do so. 2007. We must receive requests for caused by designation such that the public hearings, in writing, at the designation of critical habitat is Background address shown in the ADDRESSES section prudent; It is our intent to discuss only those by September 14, 2007. (2) Specific information on the topics directly relevant to the ADDRESSES: If you wish to comment on amount and distribution of Devils River designation of critical habitat in this the proposed rule, you may submit your minnow habitat, what areas should be proposed rule. For more information on VerDate Aug<31>2005 14:56 Jul 30, 2007 Jkt 211001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 rmajette on PROD1PC64 with PROPOSALS 41680 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Proposed Rules the Devils River minnow, refer to the United States jurisdiction. As such, measures provided pursuant to the Act final listing rule published in the geographical areas supporting the Devils are no longer necessary. Federal Register on October 20, 1999 River minnow in Mexico are not Critical habitat receives protection (64 FR 56596) or the 2005 Devils River included in the proposed critical habitat under section 7(a)(2) of the Act through Minnow Recovery Plan available online designation. the prohibition against destruction or at http://www.fws.gov/endangered/. The Devils River minnow is found adverse modification of critical habitat More detailed information on Devils only in spring-fed streams (Brune 1981, with regard to actions carried out, River minnow biology and ecology that pp. 274–275, 450–454; Garrett et al. funded, or authorized by a Federal is directly relevant to designation of 1992, p. 259) with shallow to moderate agency. Section 7 of the Act requires critical habitat is discussed under the depths and slow to moderate water consultation on Federal actions that Primary Constituent Elements section velocity over gravel substrates. Within may affect critical habitat. The below. these streams, Devils River minnows are designation of critical habitat does not most often found within or nearby affect land ownership or establish a Description and Taxonomy emergent aquatic plants (Garrett et al. refuge, wilderness, reserve, preserve, or The Devils River minnow (Dionda 2004, p. 437) or near similar structures other conservation area. Such diaboli Hubbs and Brown) is a small created by stream bank vegetation that designation does not allow government fish first collected in 1951 (Hubbs and extends into the water (Lopez- or public access to private lands. Brown 1956, p. 70). The Devils River Fernandez and Winemiller 2005, p. Section 7(a)(2) of the Act is a purely minnow is recognized as a distinct 249). protective measure and does not require species by the American Fisheries implementation of restoration, recovery, Previous Federal Actions Society (Nelson et al. 2004, p. 70). or enhancement measures. Taxonomic validity is based on The Devils River minnow was listed To be included in a critical habitat morphology (Hubbs and Brown 1956, p. as threatened on October 20, 1999 (64 designation, the habitat within the 69), genetic markers (Mayden et al. FR 56596). Critical habitat was not geographical area occupied by the 1992, p. 722), and chromosome designated for this species at the time of species must first have features that are differences (Gold et al. 1992, p. 221). listing (64 FR 56606). On October 5, essential to the conservation of the Adult Devils River minnows reach 2005, the Forest Guardians, Center for species. Critical habitat designations sizes of 25–53 millimeters (mm) (1.0–2.1 Biological Diversity, and Save Our identify, to the extent known using the inches (in)) standard length. The fish Springs Alliance filed suit against the best scientific data available, habitat has a wedge-shaped spot near the tail Service for failure to designate critical areas that provide essential life cycle and a pronounced lateral stripe habitat for this species (Forest needs of the species (i.e., areas on which extending through the eye to the snout Guardians et al.
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