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Designation of Critical Habitat for Kentucky Arrow Darter; Proposed Rule

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Designation of Critical Habitat for Kentucky Arrow Darter; Proposed Rule Vol. 80 Thursday, No. 195 October 8, 2015 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 Kentucky Arrow Darter; Proposed Rule VerDate Sep<11>2014 18:08 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08OCP4.SGM 08OCP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 61030 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules DEPARTMENT OF THE INTERIOR MS: BPHC, 5275 Leesburg Pike, Falls threatened species at the time it is Church, VA 22041–3803. listed. Section 4(b)(2) of the Act states Fish and Wildlife Service We request that you send comments that the Secretary shall designate and only by the methods described above. make revisions to critical habitat on the 50 CFR Part 17 We will post all comments on http:// basis of the best available scientific data [Docket No. FWS–R4–ES–2015–0133; www.regulations.gov. This generally after taking into consideration the 4500030113] means that we will post any personal economic impact, national security information you provide us (see impact, and any other relevant impact of RIN 1018–BB05 Information Requested, below, for more specifying any particular area as critical information). habitat. The Secretary may exclude an Endangered and Threatened Wildlife Document availability: The draft area from critical habitat if she and Plants; Designation of Critical economic analysis is available at http:// determines that the benefits of such Habitat for Kentucky Arrow Darter www.fws.gov/frankfort/, at http:// exclusion outweigh the benefits of AGENCY: Fish and Wildlife Service, www.regulations.gov at Docket No. specifying such area as part of the Interior. FWS–R4–ES–2015–0133, and at the critical habitat, unless she determines, ACTION: Proposed rule. Kentucky Ecological Services Field based on the best scientific data Office (see FOR FURTHER INFORMATION available, that the failure to designate SUMMARY: We, the U.S. Fish and CONTACT). such area as critical habitat will result Wildlife Service (Service), propose to The coordinates, plot points, or both in the extinction of the species. We have designate critical habitat for the from which the maps are generated are determined that designating critical Kentucky arrow darter (Etheostoma included in the administrative record habitat is both prudent and spilotum) under the Endangered Species for this critical habitat designation and determinable, and we propose a total of Act (Act). In total, approximately 395 are available at http://www.fws.gov/ approximately 395 skm (246 smi) of stream kilometers (skm) (246 stream frankfort/, at http://www.regulations.gov critical habitat in eastern Kentucky. miles (smi)) are being proposed for at Docket No. FWS–R4–ES–2015–0133, We prepared a draft economic designation of critical habitat for the and at the Kentucky Ecological Services analysis of the proposed designation of Kentucky arrow darter in Breathitt, Field Office) (see FOR FURTHER critical habitat. In order to consider Clay, Harlan, Jackson, Knott, Lee, Leslie, INFORMATION CONTACT). Any additional economic impacts, we have prepared a Owsley, Perry, and Wolfe Counties, tools or supporting information that we draft economic analysis of the proposed Kentucky. If we finalize this rule as may develop for this critical habitat critical habitat designation and related proposed, it would extend the Act’s designation will also be available at the factors. protections to this species’ critical Fish and Wildlife Service Web site and We will seek peer review. We are habitat. We also announce the Field Office set out above, and may also seeking comments from independent availability of our draft economic be included in this rule or at http:// specialists to ensure that this critical analysis of the proposed designation. www.regulations.gov. habitat proposal is based on scientifically sound data and analyses. DATES: We will accept comments on the FOR FURTHER INFORMATION CONTACT: We have invited these peer reviewers to proposed rule or draft economic Virgil Lee Andrews, Jr., Field comment on our specific assumptions analysis that are received or postmarked Supervisor, U.S. Fish and Wildlife and conclusions in this proposal to on or before December 7, 2015. Service, Kentucky Ecological Services designate critical habitat. Because we Comments submitted electronically Field Office, 330 West Broadway, Suite will consider all comments and using the Federal eRulemaking Portal 265, Frankfort, KY 40601; telephone information we receive during the (see ADDRESSES, below) must be 502–695–0468, x108; facsimile 502– comment period, our final designation received by 11:59 p.m. Eastern Time on 695–1024. If you use a may differ from this proposal. the closing date. We must receive telecommunications device for the deaf requests for public hearings, in writing, (TDD), call the Federal Information Information Requested at the address shown in FOR FURTHER Relay Service (FIRS) at 800–877–8339. We intend that any final action INFORMATION CONTACT by November 23, SUPPLEMENTARY INFORMATION: resulting from this proposed rule will be 2015. based on the best scientific and ADDRESSES: Written comments: You may Executive Summary commercial data available and be as submit comments on the proposed rule Why we need to publish a rule. Under accurate and effective as possible. or draft economic analysis by one of the the Endangered Species Act, when we Therefore, we request comments or following methods: determine that a species is threatened or information from other concerned (1) Electronically: Go to the Federal endangered, we must designate critical government agencies, Native American eRulemaking Portal: http:// habitat to the maximum extent prudent tribes, the scientific community, www.regulations.gov. In the Search box, and determinable. Designations of industry, or any other interested party enter Docket No. FWS–R4–ES–2015– critical habitat can only be completed concerning this proposed rule. We 0133, which is the docket number for by issuing a rule. particularly seek comments concerning: this rulemaking. Then, in the Search This document consists of a proposed (1) The reasons why we should or panel on the left side of the screen, rule to designate critical habitat for the should not designate habitat as ‘‘critical under the Document Type heading, Kentucky arrow darter. Elsewhere in habitat’’ under section 4 of the Act (16 click on the Proposed Rules link to today’s Federal Register, we propose to U.S.C. 1531 et seq.) including whether locate this document. You may submit list the Kentucky arrow darter as a there are threats to the species from a comment by clicking on ‘‘Comment threatened species under the Act. human activity, the degree of which can Now!’’ The basis for our action. Section be expected to increase due to the (2) By hard copy: Submit by U.S. mail 4(a)(3) of the Act requires the Secretary designation, and whether that increase or hand-delivery to: Public Comments to designate critical habitat, to the in threat outweighs the benefit of Processing, Attn: FWS–R4–ES–2015– maximum extent prudent and designation such that the designation of 0133; U.S. Fish and Wildlife Service, determinable, for an endangered or critical habitat may not be prudent. VerDate Sep<11>2014 18:08 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08OCP4.SGM 08OCP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules 61031 (2) Specific information on: on the Web site in their entirety as pressures within a given ecosystem (a) The amount and distribution of submitted. For comments submitted via cannot be otherwise relieved, may Kentucky arrow darter habitat; hard copy, we will post your entire include regulated taking. (b) What areas, that were occupied at comment—including your personal Critical habitat receives protection the time of listing (i.e., are currently identifying information—on http:// under section 7 of the Act through the occupied) and that contain features www.regulations.gov. You may request requirement that Federal agencies essential to the conservation of the at the top of your document that we ensure, in consultation with the Service, species, should be included in the withhold personal information such as that any action they authorize, fund, or designation and why; your street address, phone number, or carry out is not likely to result in the (c) Special management email address from public review; destruction or adverse modification of considerations or protection that may be however, we cannot guarantee that we critical habitat. The designation of needed in critical habitat areas we are will be able to do so. critical habitat does not affect land proposing, including managing for the Comments and materials we receive, ownership or establish a refuge, potential effects of climate change; and as well as supporting documentation we wilderness, reserve, preserve, or other (d) What areas not occupied at the used in preparing this proposed rule, conservation area. Such designation time of listing are essential for the will be available for public inspection does not allow the government or public conservation of the species and why. on http://www.regulations.gov, or by to access private lands. Such (3) Land use designations and current appointment, during normal business designation does not require or planned activities in the subject areas hours, at the U.S. Fish and Wildlife implementation of restoration, recovery, and their possible impacts on proposed Service, Kentucky Ecological Services or enhancement measures by non- critical habitat. Field Office (see FOR FURTHER Federal landowners. Where a landowner (4) Information on the projected and INFORMATION CONTACT). requests Federal agency funding or reasonably likely impacts of climate authorization for an action that may change on the Kentucky arrow darter Previous Federal Actions affect a listed species or critical habitat, and proposed critical habitat.
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