Pagosa Skyrocket), Penstemon Debilis (Parachute Beardtongue), and Phacelia Submutica (Debeque Phacelia); Proposed Rule
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Vol. 76 Wednesday, No. 144 July 27, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Ipomopsis polyantha (Pagosa skyrocket), Penstemon debilis (Parachute beardtongue), and Phacelia submutica (DeBeque phacelia); Proposed Rule VerDate Mar<15>2010 17:29 Jul 26, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27JYP3.SGM 27JYP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 45078 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR Management; U.S. Fish and Wildlife and their possible impacts on proposed Service; 4401 N. Fairfax Drive, MS critical habitat. Fish and Wildlife Service 2042–PDM; Arlington, VA 22203. (4) Information on the projected and We will not accept e-mail or faxed reasonably likely impacts of climate 50 CFR Part 17 comments. We will post all comments change on Ipomopsis polyantha, [Docket No. FWS–R6–ES–2011–0040; MO on http://www.regulations.gov. This Penstemon debilis, and Phacelia 92210–0–0009] generally means that we will post any submutica and proposed critical habitat. personal information you provide us (5) Any probable economic, national RIN 1018–AX75 (see the Public Comments section below security, or other relevant impacts of for more information). designating any area that may be Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: included in the final designation; in and Plants; Designation of Critical Allan Pfister, Western Colorado particular, any impacts on small entities Habitat for Ipomopsis polyantha Supervisor, U.S. Fish and Wildlife or families, and the benefits of including (Pagosa skyrocket), Penstemon debilis Service, Western Colorado Ecological or excluding areas that exhibit these (Parachute beardtongue), and Phacelia Services Office, 764 Horizon Drive, impacts. submutica (DeBeque phacelia) Suite B, Grand Junction, CO 81506– (6) Whether any specific areas we are proposing for critical habitat AGENCY: Fish and Wildlife Service, 3946; telephone 970–243–2778; Interior. facsimile 970–245–6933. If you use a designation should be considered for exclusion under section 4(b)(2) of the ACTION: Proposed rule. telecommunications device for the deaf (TDD), call the Federal Information Act, especially the Mount Callahan and SUMMARY: We, the U.S. Fish and Relay Service (FIRS) at 800–877–8339. Mount Callahan Saddle Natural Areas Wildlife Service (Service), propose to SUPPLEMENTARY INFORMATION: for Penstemon debilis, and whether the designate critical habitat for Ipomopsis benefits of potentially excluding any polyantha (Pagosa skyrocket), Public Comments specific area outweigh the benefits of Penstemon debilis (Parachute We intend that any final action including that area under section 4(b)(2) beardtongue), and Phacelia submutica resulting from this proposed rule will be of the Act. (DeBeque phacelia) under the based on the best scientific and (7) Whether we could improve or Endangered Species Act of 1973, as commercial data available and be as modify our approach to designating amended (Act). Approximately 9,894 accurate and as effective as possible. critical habitat in any way to provide for acres (4,004 hectares) are being Therefore, we request comments or greater public participation and proposed for designation as critical information from other concerned understanding, or to better habitat for I. polyantha. Approximately government agencies, the scientific accommodate public concerns and 19,155 acres (7,752 hectares) are being community, industry, or any other comments. proposed for designation as critical interested party concerning this You may submit your comments and habitat for P. debilis. Approximately proposed rule. We particularly seek materials concerning this proposed rule 24,987 acres (10,112 hectares) are being comments concerning: by one of the methods listed in the proposed for designation as critical (1) The reasons why we should or ADDRESSES section. We will not accept habitat for P. submutica. In total, should not designate habitat as ‘‘critical comments sent by e-mail or fax or to an ADDRESSES approximately 54,036 acres (21,868 habitat’’ under section 4 of the Act (16 address not listed in the hectares) are being proposed for U.S.C. 1531 et seq.) including whether section. We will post your entire designation as critical habitat for the there are threats to the species from comment—including your personal three species. The proposed critical human activity, the degree of which can identifying information—on http:// habitat is located in Archuleta, Garfield, be expected to increase due to the www.regulations.gov. You may request and Mesa Counties, Colorado. designation, and whether that increase at the top of your document that we in threat outweighs the benefit of withhold personal information such as DATES: We will accept comments your street address, phone number, or e- received or postmarked on or before designation such that the designations of critical habitat may not be prudent; mail address from public review; September 26, 2011. We must receive however, we cannot guarantee that we requests for public hearings, in writing, (2) Specific information on: (a) The amount and distribution of will be able to do so. at the address shown in the ADDRESSES Ipomopsis polyantha, Penstemon Comments and materials we receive, section by September 12, 2011. debilis, and Phacelia submutica habitat; as well as supporting documentation we ADDRESSES: You may submit comments (b) What areas, that are occupied and used in preparing this proposed rule, by one of the following methods: that contain features essential to the will be available for public inspection (1) Electronically: Go to the Federal conservation of these species, should be on http://www.regulations.gov, or by eRulemaking Portal: http:// included in the designation and why; appointment, during normal business www.regulations.gov. In the Enter (c) Special management hours, at the U.S. Fish and Wildlife Keyword or ID box, enter Docket No. considerations or protection that may be Service, Western Colorado Ecological FWS–R6–ES–2011–0040, which is the needed in critical habitat areas we are Services Office (see FOR FURTHER docket number for this rulemaking. proposing, including managing for the INFORMATION CONTACT). Then, in the Search panel at the top of potential effects of climate change; Background the screen, under the Document Type (d) What areas not occupied at the heading, check the box next to Proposed time of listing are essential for the It is our intent to discuss only those Rules to locate this document. You may conservation of the species and why; topics directly relevant to the submit a comment by clicking on and designation of critical habitat in this ‘‘Submit a Comment.’’ (e) Means to quantify the amount of proposed rule. For more information on (2) By hard copy: Submit by U.S. mail natural and human-caused disturbance Ipomopsis polyantha, Penstemon or hand-delivery to: Public Comments these species prefer or can tolerate. debilis, and Phacelia submutica, refer to Processing, Attn: FWS–R6–ES–2011– (3) Land use designations and current the proposed rule published in the 0040; Division of Policy and Directives or planned activities in the subject areas Federal Register on June 23, 2010 (75 VerDate Mar<15>2010 17:29 Jul 26, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27JYP3.SGM 27JYP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Proposed Rules 45079 FR 35721) or the final listing rule that grassland or shrublands. The species’ of Wildlife (CDOW) (Service 2011a, pp. is published in the Rules and highly restricted soil requirements and 6–7). Between the actual occupied areas Regulations section of today’s Federal geographic range make it particularly there are interspaces of unoccupied Register. See also the discussion of susceptible to extinction at any time due habitat, so the acreage occupied by the habitat in the ‘‘Physical and Biological to commercial, municipal, and species including these interspaces is Features’’ section below. Please note residential development; associated quite a bit larger than the acres listed that we have used scientific names for road and utility improvements and above. We estimate there may be as rare species, because oftentimes these maintenance; heavy livestock use; many as 68,000 P. submutica names are better known than the inadequacy of existing regulatory individuals in years when climatic common names; and, we have used mechanisms; fragmented habitat; and conditions are favorable (Service 2011b, common names for species that are prolonged drought. Eighty-six percent of p. 4). The plant is known only from clay better known and where the common the species’ occupied habitat is on soils on the Atwell and Shire members name may be easier for the reader to private land with no limits on of the Wasatch Formation at elevations understand. In this rule we used development. of 5,080 to 7,100 ft (1,548 to 2,157 m) scientific names for rare species, Penstemon debilis is known from only (Service 2011c, p. 3). The plants are because where a common name is less six populations on the Roan Plateau found on clay barrens with little other standardized, the scientific name avoids escarpment in Garfield County, vegetation. Surrounding these barren confusion. Colorado. A minimum convex polygon areas is a landscape of Juniperus spp. Ipomopsis polyantha is a biennial around all six populations encloses an (juniper), Artemisia spp. (sagebrush), (living only 2 years) or short-lived area of 7,161 ac (2,898 ha) and measures Atriplex spp. (saltbush), and nonnative perennial (living for more than 2 years) 18 mi (29 km) in length and 1 mi (2 km) invasive Bromus tectorum (cheatgrass). herb in the Polemoniaceae (phlox) in width. The total footprint of area The current range of P. submutica is family that has white flowers flecked actually occupied by the plants is 91.8 subject to human-caused modifications with purple dots; it flowers only once ac (37.2 ha), of which 66.6 percent is on from natural gas exploration and before dying.