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Department of the Interior Vol. 77 Thursday, No. 144 July 26, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Diamond Darter and Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 17:57 Jul 25, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26JYP2.SGM 26JYP2 TKELLEY on DSK3SPTVN1PROD with PROPOSALS2 43906 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR information you provide us (see the Act also requires that we designate Public Comments section below for critical habitat concurrently with listing Fish and Wildlife Service more information). determinations, if designation is The coordinates or plot points or both prudent and determinable. 50 CFR Part 17 from which the maps are generated are We have made the following finding [FWS–R5–ES–2012–0045; 4500030113] included in the administrative record related to these criteria: for this critical habitat designation and • Diamond darter is endangered by RIN 1018–AY12 are available at (http://www.fws.gov/ water quality degradation; habitat loss; westvirginiafieldoffice/index.html), inadequate existing regulatory Endangered and Threatened Wildlife www.regulations.gov at Docket No. mechanisms; a small population size and Plants; Endangered Status for the FWS–R5–ES–2012–0045, and at the that makes the species vulnerable to the Diamond Darter and Designation of West Virginia Field Office (see FOR effects of the spread of an invasive alga Critical Habitat FURTHER INFROMATION CONTACT). Any (Didymosphenia geminate); loss of AGENCY: Fish and Wildlife Service, additional tools or supporting genetic fitness; and catastrophic events, Interior. information that we may develop for such as oil and other toxic spills. ACTION: Proposed rule. this critical habitat designation will also This rule proposes to designate be available at the above locations. critical habitat for the diamond darter. SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: • Critical habitat designation would Wildlife Service, propose to list the Deborah Carter, Field Supervisor, U.S. not be expected to increase threats to diamond darter (Crystallaria cincotta) as Fish and Wildlife Service, West Virginia the species, and we have sufficient endangered under the Endangered Field Office, 694 Beverly Pike, Elkins, scientific information on the diamond Species Act of 1973, as amended (Act); WV 26241, by telephone (304) 636–6586 darter to determine the areas essential and propose to designate critical habitat or by facsimile (304) 636–7824. Persons to, and essential for, its conservation. for the species. In total, approximately who use a telecommunications device Accordingly, we have determined the 197.1 river kilometers (122.5 river for the deaf (TDD) may call the Federal designation of critical habitat is both miles) are being proposed for Information Relay Service (FIRS) at prudent and determinable. designation as critical habitat. The 800–877–8339. • In total, we propose to designate proposed critical habitat is located in SUPPLEMENTARY INFORMATION: approximately 197.1 river kilometers Kanawha and Clay Counties, West (122.5 miles) as critical habitat. The Virginia, and Edmonson, Hart, and Executive Summary proposed critical habitat is located in Green Counties, Kentucky. Why we need to publish a rule. Under Kanawha and Clay Counties, West DATES: We will consider comments the Endangered Species Act (Act), a Virginia, and Edmonson, Hart, and received or postmarked on or before species may warrant protection through Green Counties, Kentucky. September 24, 2012. Comments listing if it is endangered throughout all • Based on our interpretation of submitted electronically using the or a significant portion of its range. We directly regulated entities under the Federal eRulemaking Portal (see are proposing to list the diamond darter Regulatory Flexibility Act and relevant ADDRESSES section, below) must be as endangered under the Act because of case law, this designation of critical received by 11:59 p.m. Eastern Time on continued threats, and listing can only habitat will only directly regulate the closing date. We must receive be done by issuing a rule. The diamond Federal agencies, which are not by requests for public hearings, in writing, darter occurs as a single population in definition small business entities. at the address shown in the ADDRESSES the Elk River in West Virginia. We are However, though not necessarily section by September 10, 2012. also proposing to designate critical required by the Regulatory Flexibility ADDRESSES: You may submit comments habitat under the Act for the species. Act, in our draft economic analysis for by one of the following methods: Critical habitat represents geographical this proposal, we will consider and (1) Electronically: Go to the Federal areas that are essential to a species’ evaluate the potential effects to third eRulemaking Portal: http:// conservation, and is designated on the parties that may be involved with www.regulations.gov. In the Keyword basis of the best scientific information consultations with Federal action box, enter Docket No. FWS–R5–ES– available after taking into consideration agencies related to this action. 2012–0045, which is the docket number the economic impact, impact on Peer Review. We will seek the expert for this rulemaking. Then, in the Search national security, and any other relevant opinions of at least three appropriate panel on the left side of the screen, impact of specifying any particular area and independent specialists with under the Document Type heading, as critical habitat. A forthcoming draft scientific expertise to ensure our click on the Proposed Rules link to economic analysis will evaluate the determinations are based on locate this document. You may submit potential economic impacts that may be scientifically sound data, assumptions, a comment by clicking on ‘‘Send a attributable to the proposed designation and analyses. Comment or Submission.’’ of critical habitat for the species. Information Requested (2) By hard copy: Submit by U.S. mail The basis for our action. Under the or hand-delivery to: Public Comments Act, a species may be determined to be We intend that any final action Processing, Attn: FWS–R5–ES–2012– endangered or threatened based on any resulting from this proposed rule will be 0045; Division of Policy and Directives of five factors: (1) The present or based on the best scientific and Management; U.S. Fish and Wildlife threatened destruction, modification, or commercial data available and be as Service; 4401 N. Fairfax Drive, MS curtailment of its habitat or range; (2) accurate and as effective as possible. 2042–PDM; Arlington, VA 22203. overutilization for commercial, Therefore, we request comments or We request that you send comments recreational, scientific, or educational information from the public, other only by the methods described above. purposes; (3) disease or predation; (4) concerned governmental agencies, We will post all comments on http:// the inadequacy of existing regulations; Native American tribes, the scientific www.regulations.gov. This generally or (5) other natural or manmade factors community, industry, or any other means that we will post any personal affecting its continued existence. The interested parties concerning this VerDate Mar<15>2010 17:57 Jul 25, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP2.SGM 26JYP2 TKELLEY on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Proposed Rules 43907 proposed rule. We particularly seek change on the diamond darter and on http://www.regulations.gov, or by comments concerning: proposed critical habitat. appointment, during normal business (1) Biological, commercial trade, or (10) Any probable economic, national hours, at the U.S. Fish and Wildlife other relevant data concerning any security, or other relevant impacts of Service, West Virginia Field Office (see threats (or lack thereof) to this species designating any area that may be FOR FURTHER INFORMATION CONTACT). and regulations that may be addressing included in the final designation; in Previous Federal Actions those threats. particular, any impacts on small entities (2) Additional information concerning or families, and the benefits of including The diamond darter was first the historical and current status, range, or excluding areas that exhibit these identified as a candidate for protection distribution, and population size of this impacts. under the Act in the November 9, 2009, species, including the locations of any (11) Whether any specific areas we are Federal Register (74 FR 57804). As a additional populations of this species. proposing for critical habitat candidate, it was assigned a listing (3) The factors that are the basis for designation should be considered for priority number (LPN) of 2. Candidate making a listing determination for a exclusion under section 4(b)(2) of the species are assigned LPNs based on the species under section 4(a) of the Act, Act, and whether the benefits of magnitude and immediacy of threats, as which are: potentially excluding any specific area well as their taxonomic status. The (a) The present or threatened outweigh the benefits of including that lower the LPN, the higher priority that destruction, modification, or area under section 4(b)(2) of the Act. species is for us to determine curtailment of its habitat
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