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And Atriplex Coronata Var. Notatior (San Jacinto Valley Crownscale); Final Rule

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And Atriplex Coronata Var. Notatior (San Jacinto Valley Crownscale); Final Rule Vol. 78 Tuesday, No. 73 April 16, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Allium munzii (Munz’s Onion) and Atriplex coronata var. notatior (San Jacinto Valley Crownscale); Final Rule VerDate Mar<15>2010 18:39 Apr 15, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16APR2.SGM 16APR2 mstockstill on DSK4VPTVN1PROD with RULES2 22626 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Wildlife Office, 6010 Hidden Valley and information we received during the Road, Suite 101, Carlsbad, CA 92011; comment periods. Fish and Wildlife Service telephone 760–431–9440; facsimile Background 760–431–5901. If you use a 50 CFR Part 17 telecommunications device for the deaf This is a final rule concerning the (TDD), call the Federal Information designations of critical habitat for [Docket No. FWS–R8–ES–2012–0008; Allium munzii and Atriplex coronata 4500030114] Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: var. notatior. It is our intent to discuss RIN 1018–AX42 in this final rule only those topics Executive Summary directly relevant to the development Endangered and Threatened Wildlife Why we need to publish this rule. On and designation of critical habitat for and Plants; Revised Designation of April 17, 2012, we published in the Allium munzii and Atriplex coronata Critical Habitat for Allium munzii Federal Register a combined proposed var. notatior under the Endangered (Munz’s Onion) and Atriplex coronata rule for revised critical habitat Species Act of 1973, as amended (Act) var. notatior (San Jacinto Valley designations for Allium munzii and (16 U.S.C. 1531 et seq.). For more Crownscale) Atriplex coronata var. notatior. We are information on the biology and ecology now issuing this final rule concerning of A. munzii and A. c. var. notatior, refer AGENCY: Fish and Wildlife Service, the designations of critical habitat for to the final listing rule published in the Interior. those two endangered plants. Federal Register on October 13, 1998 ACTION: Final rule. The basis for our action. Under the (63 FR 54975). For information on A. Endangered Species Act, we are munzii and A. c. var. notatior critical SUMMARY: We, the U.S. Fish and required to designate critical habitat for habitat, refer to the proposed rule to Wildlife Service (Service), designate any endangered or threatened species. designate revised critical habitat for A. critical habitat for Allium munzii We must base our designation on the munzii and A. c. var. notatior published (Munz’s onion) under the Endangered best available scientific data after taking in the Federal Register on April 17, Species Act. In total, approximately 98.4 into consideration economic, national 2012 (77 FR 23008). Information on the acres (39.8 hectares) for A. munzii in security, and other relevant impacts. associated draft economic analysis Riverside County, California, fall within The Secretary may exclude an area from (DEA) for the proposed rule to designate the boundaries of the critical habitat critical habitat if the benefits of revised critical habitat was published in designation. We are not designating any exclusion outweigh the benefits of the Federal Register on September 11, critical habitat for Atriplex coronata var. designation, unless the exclusion will 2012 (77 FR 55788). notatior (San Jacinto Valley result in the extinction of the species. The document is structured to address crownscale). This rule designates final critical the taxa separately under each of the DATES: This rule becomes effective on habitat for Allium munzii only. We are sectional headings that follow, where May 16, 2013. designating approximately 98.4 acres appropriate. (ac) (39.8 hectares (ha)) of critical ADDRESSES: This final rule and the Allium habitat for A. munzii in Elsinore Peak Previous Federal Actions— associated final economic analysis are munzii available on the Internet at http:// Unit, which is located near Elsinore www.regulations.gov. Comments and Peak in the Santa Ana Mountains of The final listing rule for Allium materials received, as well as supporting western Riverside County, California. munzii provides a description of documentation used in preparing this This rule does not designate final previous Federal actions through final rule, are available for public critical habitat for Atriplex coronata var. October 13, 1998 (63 FR 54975). At the inspection, by appointment, during notatior. time of listing, we concluded that The Secretary is exercising his normal business hours, at the U.S. Fish designation of critical habitat for A. discretion to exclude approximately 790 and Wildlife Service, Carlsbad Fish and munzii was not prudent because such ac (320 ha)) of previously proposed Wildlife Office, 6010 Hidden Valley designation would not benefit the critical habitat for Allium munzii and Road, Suite 101, Carlsbad, CA 92011; species. On June 4, 2004, we published 8,020 ac (3,246 ha) of previously telephone 760–431–9440; facsimile a proposed rule to designate 227 ac (92 proposed critical habitat for Atriplex 760–431–5901. ha) of critical habitat for A. munzii on coronata var. notatior. We have The coordinates or plot points or both Federal land (Cleveland National Forest) determined that the benefits of from which the maps are generated are in western Riverside County, California exclusion outweigh the benefits of included in the administrative record (69 FR 31569). On June 7, 2005, we inclusion for lands previously proposed for this critical habitat designation and published a final rule designating 176 ac as critical habitat within areas covered are available at http://www.fws.gov/ (71 ha) of the proposed land as critical under the Western Riverside County carlsbad, http://www.regulations.gov at habitat for A. munzii (70 FR 33015). Multiple Species Habitat Conservation On March 22, 2006, we announced Docket No. FWS–R8–ES–2012–0008, Plan, the Rancho Bella Vista Habitat the initiation of the 5-year review for and at the Carlsbad Fish and Wildlife Conservation Plan, and the Allium munzii and the opening of a 60- Office (see FOR FURTHER INFORMATION Southwestern Riverside Multi-species day public comment period to receive CONTACT). Any additional tools or Reserve Cooperative Management information (71 FR 14538). The A. supporting information that we have Agreement. munzii 5-year review was signed on developed for this critical habitat Peer reviewer and public comment. June 17, 2009, and found that no change designation will also be available at the We sought comment from independent was warranted to the endangered status Fish and Wildlife Service Web site and specialists to ensure that our of A. munzii. Field Office, or at http:// designations are based on scientifically On October 2, 2008, a complaint was www.regulations.gov. sound data and analyses. We invited filed against the Department of the FOR FURTHER INFORMATION CONTACT: Jim these peer reviewers to comment on our Interior (DOI) and the Service by the Bartel, Field Supervisor, U.S. Fish and conclusions in the proposed revised Center for Biological Diversity (CBD v. Wildlife Service, Carlsbad Fish and rule. We also considered all comments Kempthorne, No. 08–CV–01348 (S.D. VerDate Mar<15>2010 18:39 Apr 15, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16APR2.SGM 16APR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Rules and Regulations 22627 Cal.)) challenging our final critical change from the proposed rule. We meters (m)) above mean sea level. habitat designation for Allium munzii. concluded that all 15,232 ac (6,137 ha) Allium munzii has been observed in In an order dated March 24, 2009, the of habitat meeting the definition of Riverside County (Elsinore Peak Unit, U.S. District Court for the Central critical habitat were located either identified in the proposed rule as Unit District of California, Eastern Division, within our estimate of the areas to be 3—Elsinore Peak) at an elevation adopted a stipulated settlement conserved and managed by the ranging from 3,200 to 3,500 ft (975 to agreement that was entered into by all approved Western Riverside County 1,067 m). The PCE (2)(i)(B) (numbered parties. The agreement stipulated that MSHCP on existing Public/Quasi-Public as ‘‘1(b)’’ in the Primary Constituent the Service would reconsider critical (PQP) lands (preexisting natural and Elements section below) is now defined habitat designations for both A. munzii open space areas), or within areas where as ‘‘Generally between the elevations of and Atriplex coronata var. notatior, and the plan would ensure that future 1,200 to 3,500 ft (366 to 1,067 m) above submit to the Federal Register proposed projects would not adversely alter mean sea level,’’ and PCE (2)(ii) revised critical habitat determinations essential hydrological processes, and (numbered as ‘‘2’’ in the Primary for both plants by October 7, 2011. An therefore all areas were excluded from Constituent Elements section below) is extension for the completion of the critical habitat under section 4(b)(2) of now defined as ‘‘Outcrops of igneous proposed and final determinations was the Act. rocks (pyroxenite) on rocky-sandy loam granted on September 14, 2011, with the On October 2, 2008, a complaint was or clay soils within Riversidean sage proposed revised rule then due to the filed against the DOI and the Service by scrub, generally between the elevations Federal Register on or before April 6, the Center for Biological Diversity (CBD of 1,200 to 3,500 ft (366 to 1,067 m) 2012, and the final revised rule on or v. Kempthorne, No. 08–CV–01348 (S.D.
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