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Federal Register/Vol. 80, No. 125/Tuesday, June 30, 2015/Rules 37404 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR preamble and at http:// analysis (DEA) of the proposed critical www.regulations.gov. habitat designation and related factors Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: (IEc 2014). The analysis, dated May 20, Michael J. Senn, Field Supervisor, U.S. 2014, was made available for public 50 CFR Part 17 Fish and Wildlife Service, Southern review from July 15, 2014, through [Docket No. FWS–R8–ES–2013–0105; Nevada Fish and Wildlife Office, 4701 September 15, 2014 (79 FR 41225). The 4500030114] North Torrey Pines Drive, Las Vegas, NV DEA addressed probable economic impacts of critical habitat designation RIN 1018–AZ91 89130–7147; telephone 702–515–5230; facsimile 702–515–5231. If you use a for the Mount Charleston blue butterfly. Following the close of the comment Endangered and Threatened Wildlife telecommunications device for the deaf period, we reviewed and evaluated all (TDD), call the Federal Information and Plants; Designation of Critical information submitted during the Relay Service (FIRS) at 800–877–8339. Habitat for Mount Charleston Blue comment period that may pertain to our Butterfly (Icaricia (Plebejus) shasta SUPPLEMENTARY INFORMATION: consideration of the probable charlestonensis) Executive Summary incremental economic impacts of this critical habitat designation. We AGENCY: Fish and Wildlife Service, Why we need to publish a rule. This summarize and respond to the Interior. is a final rule to designate critical ACTION: Final rule. comments in this final determination. habitat for the endangered Mount Peer review and public comment. We Charleston blue butterfly (Icaricia SUMMARY: We, the U.S. Fish and sought comments from independent Wildlife Service (Service), designate (Plebejus) shasta charlestonensis). specialists to ensure that our critical habitat for the Mount Charleston Under the Endangered Species Act, any designation is based on scientifically blue butterfly (Icaricia (Plebejus) shasta species that is determined to be an sound data and analyses. We obtained charlestonensis) under the Endangered endangered or threatened species opinions from four knowledgeable Species Act of 1973, as amended (Act). requires critical habitat to be designated, individuals with scientific expertise to In total, approximately 5,214 acres to the maximum extent prudent and review our technical assumptions and (2,110 hectares) in the Spring determinable. Designations and analysis, and to help us determine Mountains of Clark County, Nevada, fall revisions of critical habitat can only be whether or not we had used the best within the boundaries of the critical completed by issuing a rule. available information. These peer We listed the Mount Charleston blue habitat designation. The effect of this reviewers provided additional butterfly as an endangered species on rule is to extend the Act’s protections to information, clarifications, and September 19, 2013 (78 FR 57750). On the butterfly’s critical habitat. suggestions to improve this final rule. July 15, 2014, we published in the Information we received from peer DATES: This rule is effective July 30, Federal Register a proposed critical 2015. review is incorporated into this final habitat designation for the Mount designation. We also considered all ADDRESSES: This final rule is available Charleston blue butterfly (79 FR 41225). comments and information we received on the Internet at http:// Section 4(b)(2) of the Endangered from the public during the comment www.regulations.gov and http:// Species Act states that the Secretary of period. www.fws.gov/Nevada. Comments and the Interior shall designate critical materials we received, as well as some habitat on the basis of the best available Previous Federal Actions supporting documentation we used in scientific data after taking into All previous Federal actions are preparing this final rule, are available consideration the economic impact, described in the final rule listing the for public inspection at http:// national security impact, and any other Mount Charleston blue butterfly as an www.regulations.gov. All of the relevant impact of specifying any endangered species (78 FR 57750; comments, materials, and particular area as critical habitat. September 19, 2013). documentation that we considered in The critical habitat areas we are this rulemaking are available by designating in this rule constitute our Summary of Comments and appointment, during normal business current best assessment of the areas that Recommendations hours at: U.S. Fish and Wildlife Service, meet the definition of critical habitat for We requested written comments from Southern Nevada Fish and Wildlife the Mount Charleston blue butterfly. In the public on the proposed designation Office, 4701 North Torrey Pines Drive, this rule, we are designating of critical habitat for the Mount Las Vegas, NV 89130–7147; telephone approximately 5,214 acres (2,110 Charleston blue butterfly during one 702–515–5230; facsimile 702–515–5231. hectares) in the Spring Mountains of comment period. The comment period The coordinates or plot points or both Clark County, Nevada, as critical habitat associated with the publication of the from which the maps are generated are for the Mount Charleston blue butterfly. proposed critical habitat rule (79 FR included in the administrative record This rule consists of a final rule 41225) opened on July 15, 2014, and for this critical habitat designation and designating critical habitat for the closed on September 15, 2014. We also are available at http:// Mount Charleston blue butterfly. The requested comments on the associated www.regulations.gov at Docket No. Mount Charleston blue butterfly is listed draft economic analysis during the same FWS–R8–ES–2013–0105 and at the as an endangered species under the comment period. We did not receive Southern Nevada Fish and Wildlife Endangered Species Act. any requests for a public hearing. We Office at http://www.fws.gov/Nevada We have prepared an economic also contacted appropriate Federal, (see FOR FURTHER INFORMATION CONTACT). analysis of the designation of critical State, and local agencies; scientific Any additional tools or supporting habitat. In order to consider economic organizations; and other interested information that we developed for this impacts, we prepared an incremental parties and invited them to comment on critical habitat designation will also be effects memorandum (IEM) and the proposed rule and draft economic available at the Fish and Wildlife screening analysis, which together with analysis during the comment period. Service Web site and Field Office set out our narrative and interpretation of During the comment period, we above, and may also be included in the effects we consider our draft economic received comment letters directly VerDate Sep<11>2014 18:11 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37405 addressing the proposed critical habitat (2) Comment: One peer reviewer did which is consistent with documented designation. Overall, we received 706 not agree with our depicting Astragalus use of multiple host plants by other comment letters addressing the platytropis and Oxytropis oreophila var. Shasta blue butterfly subspecies (Emmel proposed critical habitat designation or oreophila to Astragalus calycosus var. and Shields 1980, Table I). However, the draft economic analysis. All calycosus as functionally equivalent numerous observations and a longer substantive information provided larval host plants for the Mount history of knowledge of A. c. var. during the comment period has either Charleston blue butterfly. The reviewer calycosus as a host plant do not negate been incorporated directly into this final commented that numerous observations the biological importance and determination or is addressed below. have been made of oviposition by the functional equivalence of A. platytropis Comments we received were grouped Mount Charleston blue butterfly in and O. o. var. oreophila as host plants into general issues specifically relating association with A. c. var. calycosus, important to the conservation of the to the proposed critical habitat and A. c. var. calycosus is present at all Mount Charleston blue butterfly. designation for the Mount Charleston locations where Mount Charleston blue The evidence that was used to infer blue butterfly and are addressed in the butterflies have been detected, that Astragalus platytropis and following summary and incorporated suggesting this plant species is a Oxytropis oreophila var. oreophila are into the final rule as appropriate. required feature of habitat. The reviewer host plants for the Mount Charleston blue butterfly is consistent with much of Peer Review also commented that little reliable evidence exists that A. platytropis and the Lepidoptera science, which may In accordance with our peer review O. o. var. oreophila function as include observations of adult policy published on July 1, 1994 (59 FR commonly used host plants, and that associations (for example, female 34270), we solicited expert opinions the Service’s assumption appeared to be concentration areas, pre-oviposition from four knowledgeable individuals based on an observation of one behavior by females on plants (Shields with scientific expertise that included
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