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2007 Federal Register, 72 FR 57739; Centralized Library: U.S. Fish And

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2007 Federal Register, 72 FR 57739; Centralized Library: U.S. Fish And Wednesday, October 10, 2007 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Peninsular Bighorn Sheep (Ovis canadensis nelsoni) and Proposed Taxonomic Revision; Proposed Rule VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2 57740 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR 2. By electronic mail (e-mail) to: Order 13175; and the relevant provision [email protected]. Please see of the Departmental Manual of the Fish and Wildlife Service the Public Comments Solicited section Department of the Interior (512 DM 2) below for other information about (see ‘‘Proposed Exclusion of Agua 50 CFR Part 17 electronic filing. Caliente Band of Cahuilla Indians Tribal 3. By fax to: the attention of Jim Bartel Lands Under Section 4(b)(2) of the Act’’ RIN 1018–AV09 at 760–431–5901. for a detailed discussion); specifically Endangered and Threatened Wildlife 4. Via the Federal eRulemaking Portal any additional information regarding and Plants; Designation of Critical at: http://www.regulations.gov. Follow the benefits of including these Tribal Habitat for the Peninsular Bighorn the instructions for submitting lands in the designation or of excluding Sheep (Ovis canadensis nelsoni) and comments. these lands from the designation; (4) The appropriateness of the Proposed Taxonomic Revision FOR FURTHER INFORMATION CONTACT: Jim possible exclusion of approximately Bartel, Field Supervisor, Carlsbad Fish AGENCY: 19,211 acres (ac) (7,774 hectares (ha)) of Fish and Wildlife Service, and Wildlife Office, 6010 Hidden Valley Peninsular bighorn sheep habitat from Interior. Road, Carlsbad, CA 92011; telephone the final designation based on the ACTION: Proposed rule. 760–431–9440 ; facsimile 760–431– benefits to the conservation of the 5901. If you use a telecommunications SUMMARY: We, the U.S. Fish and subspecies and its PCEs provided by the device for the deaf (TDD), call the Wildlife Service (Service), propose to draft Coachella Valley Multiple Species Federal Information Relay Service revise currently designated critical Habitat Conservation Plan (MSHCP) (see (FIRS) at 800–877–8339. habitat for the Peninsular bighorn sheep ‘‘Areas Considered for Exclusion Under (Ovis canadensis nelsoni) under the SUPPLEMENTARY INFORMATION: Section 4(b)(2) of the Act’’ for a detailed Endangered Species Act of 1973, as Public Comments discussion), specifically any additional amended (Act). In total, approximately information on the benefits of including We intend that any final action 384,410 acres (ac) (155,564 hectares land covered by the draft Coachella resulting from this proposal to revise the (ha)) of land in Riverside, San Diego, Valley Multiple Species Habitat current critical habitat designation for and Imperial counties, California, fall Conservation Plan in the designation or the Peninsular bighorn sheep will be as within the boundaries of the proposed of excluding these lands from the accurate and as effective as possible. revised critical habitat designation. Of designation. At this time we are only Therefore, we request comments or the area proposed as revised critical considering private lands under the suggestions on this proposed rule. We habitat, approximately 4,512 ac (1,826 draft Coachella Valley MSHCP for particularly seek comments concerning: ha) of land are Tribal; 93,720 ac (37,927 exclusion and soliciting comment on (1) The reasons why we should or ha) are Federal; 249,840 ac (101,107 ha) the appropriateness of excluding should not designate habitat as ‘‘critical are State; 35,824 ac (14,497 ha) are California Department of Fish and habitat’’ under section 4 of the Act (16 private; and 514 ac (208 ha) are local. Game, and Bureau of Land Management U.S.C. 1531 et seq.), including whether We are proposing to exclude from the lands as Memorandum of there are threats to the subspecies from final designation, under section 4(b)(2) Understanding partners to the MSHCP; human activity, the degree of which can of the Act, approximately 4,512 ac (5) Land use designations and current be expected to increase due to the (1,826 ha) of Agua Caliente Band of or planned activities in the subject areas designation, that outweigh the benefit of Cahuilla Indians Tribal land. We are and their possible impacts on proposed designation, such that the designation of also evaluating and considering the revised critical habitat; critical habitat is not prudent, and possible exclusion of approximately (6) Any foreseeable economic, whether there are areas we previously 19,211 ac (7,774 ha) of private land national security, or other potential designated, but are not proposing for covered under the draft Coachella impacts resulting from the proposed revised designation here, that should be Valley Multiple Species Habitat revised designation and, in particular, designated as critical habitat; Conservation Plan. Further, we are any impacts on small entities, and the (2) Specific information on the benefits of including or excluding areas acknowledging a taxonomic change to amount and distribution of Peninsular the species and are proposing a that exhibit these impacts; and bighorn sheep habitat, what areas (7) Whether we could improve or taxonomic revision of the listed entity occupied at the time of listing and that modify our approach to designating from distinct population segment (DPS) contain features essential for the critical habitat in any way to provide for of species Ovis canadensis, to DPS of conservation of the subspecies we greater public participation and subspecies Ovis canadensis nelsoni. should include in the designation and understanding, or to better DATES: We will accept comments from why, and what areas not occupied at the accommodate public concerns and all interested parties until December 10, time of listing are essential for the comments. 2007. We must receive requests for conservation of the subspecies and why; You may submit your comments and public hearings, in writing, at the (3) The appropriateness of the materials concerning this proposal by address shown in the ADDRESSES section proposed exclusion of approximately one of several methods (see ADDRESSES). by November 26, 2007. 4,512 ac (1,826 ha) of Peninsular If you use e-mail to submit your ADDRESSES: If you wish to comment on bighorn sheep habitat from the final comments, please include ‘‘Attn: this proposed rule, you may submit designation in consideration of Peninsular bighorn sheep’’ in your your comments and materials Secretarial Order 3206, ‘‘American e-mail subject header, preferably with concerning by any one of several Indian Tribal Rights, Federal Tribal your name and return address in the methods: Trust Responsibilities, and the body of your message. If you do not 1. By mail or hand-delivery to: Jim Endangered Species Act’’ (June 5, 1997); receive a confirmation from the system Bartel, Field Supervisor, U.S. Fish and the President’s memorandum of April that we have received your e-mail, Wildlife Service, Carlsbad Fish and 29, 1994, ‘‘Government-to-Government contact us directly by calling our Wildlife Office, 6010 Hidden Valley Relations with Native American Tribal Carlsbad Fish and Wildlife Office at Road, Carlsbad, CA 92011. Governments’’ (59 FR 22951); Executive 760–431–9440. Please note that we must VerDate Aug<31>2005 17:33 Oct 09, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10OCP2.SGM 10OCP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Proposed Rules 57741 receive comments by the date specified surrounding this species at the time of drought-related variations in forage in the DATES section in order to consider listing, the biological evidence supports quality and availability. In a study of them in our final determination. recognition of Peninsular bighorn sheep Peninsular bighorn sheep, Scott (1986, Before including your address, phone as a distinct vertebrate population p. 21) found that diets were dominated number, e-mail address, or other segment in the Service’s Recognition of by shrub species, while grasses and personal identifying information in your Distinct Vertebrate Population Segments forbs species made up a smaller portion comment, you should be aware that (DPS) (61 FR 4722). For a detailed of the Peninsular bighorn sheep’s diet your entire comment—including your discussion of the DPS analysis for depending on the season. Valley floors, personal identifying information—may Peninsular bighorn sheep, see the rolling hills, and alluvial fans and be made publicly available at any time. Distinct Vertebrate Population Segment washes with productive soils provide While you may ask us in your comment section of the final listing rule. seasonal vegetation and water resources to withhold your personal identifying Peninsular bighorn sheep (a large important to the Peninsular bighorn information from public review, we mammal in the family Bovidae) sheep, especially for ewes during the cannot guarantee that we will be able to occupying the Peninsular Ranges of reproductive season (Service 2000, p. 8). do so. southern California were determined, at Please see the ‘‘Primary Constituent Comments and materials we receive, the time of listing in 1998, to be a Elements’’ section of this proposed rule as well as supporting
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