Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo; Proposed Rule
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Vol. 79 Friday, No. 158 August 15, 2014 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 the Western Distinct Population Segment of the Yellow-Billed Cuckoo; Proposed Rule VerDate Mar<15>2010 19:10 Aug 14, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15AUP2.SGM 15AUP2 emcdonald on DSK67QTVN1PROD with PROPOSALS2 48548 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules DEPARTMENT OF THE INTERIOR We request that you send comments areas based on the best scientific and only by the methods described above. commercial information available that Fish and Wildlife Service We will post all comments on http:// we have determined are essential to the www.regulations.gov. This generally conservation of the species. The 50 CFR Part 17 means that we will post any personal proposed critical habitat is located in [Docket No. FWS–R8–ES–2013–0011; information you provide us (see the the States of Arizona, California, 4500030114] Information Requested section below for Colorado, Idaho, Nevada, New Mexico, more information). Texas, Utah, and Wyoming. RIN 1018–AZ44 The coordinates or plot points or both We have prepared a draft economic from which the critical habitat maps are analysis of the proposed designation of Endangered and Threatened Wildlife generated are included in the critical habitat. In order to consider and Plants; Designation of Critical administrative record for this economic impacts, we have prepared an Habitat for the Western Distinct rulemaking and are available at http:// analysis of the economic impacts of the Population Segment of the Yellow- www.regulations.gov at Docket No. proposed critical habitat designation Billed Cuckoo FWS–R8–ES–2013–0011, and at the and related factors. The supporting AGENCY: Fish and Wildlife Service, Sacramento Fish and Wildlife Office at information we used in determining the Interior. http://www.fws.gov/sacramento (see FOR economic impacts of the proposed ACTION: Proposed rule. FURTHER INFORMATION CONTACT). Any critical habitat is summarized in this additional tools or supporting proposed rule (see Consideration of SUMMARY: We, the U.S. Fish and information that we may develop for Economic Impacts) and is available at Wildlife Service (Service), propose to this critical habitat designation will also http://www.regulations.gov at Docket designate critical habitat for the western be available at the Fish and Wildlife No. FWS–R8–ES–2013–0011 and at the distinct population segment of the Service Web site and field office set out Sacramento Fish and Wildlife Office at yellow-billed cuckoo (western yellow- above, and may also be included in the http://www.fws.gov/sacramento (see FOR billed cuckoo) (Coccyzus americanus) preamble of this rule or at http:// FURTHER INFORMATION CONTACT). under the Endangered Species Act. In www.regulations.gov. We are seeking peer review and public total, approximately 546,335 acres comment. We are seeking comments FOR FURTHER INFORMATION CONTACT: Jen (221,094 hectares) are being proposed and soliciting information from Norris, Field Supervisor, U.S. Fish and for designation as critical habitat in knowledgeable individuals with Wildlife Service, Sacramento Fish and Arizona, California, Colorado, Idaho, scientific expertise to review our Wildlife Office, 2800 Cottage Way, Nevada, New Mexico, Texas, Utah, and analysis of the best available science Room W–2605, Sacramento, California Wyoming. The effect of this regulation, and application of that science and to 95825; by telephone 916–414–6600; or if finalized, is to designate critical provide any additional scientific by facsimile 916–414–6712. If you use a habitat for the western yellow-billed information to improve this proposed telecommunications device for the deaf cuckoo under the Endangered Species rule. Because we will consider all (TDD), call the Federal Information Act. comments and information we receive Relay Service (FIRS) at 800–877–8339. during the comment period, our final DATES: We will accept comments SUPPLEMENTARY INFORMATION: determination may differ from this received or postmarked on or before proposal. October 14, 2014. Comments submitted Executive Summary electronically using the Federal Why we need to publish a rule. Under Information Requested eRulemaking Portal (see ADDRESSES the Endangered Species Act, any species We intend that any final action section, below) must be received by that is determined to be an endangered resulting from this proposed rule will be 11:59 p.m. Eastern Time on the closing or threatened species requires critical based on the best scientific and date. We must receive requests for habitat to be designated, to the commercial data available and be as public hearings, in writing, at the maximum extent prudent and accurate and as effective as possible. address shown in the FOR FURTHER determinable. Designations and Therefore, we request comments or INFORMATION CONTACT section by revisions of critical habitat can only be information from other concerned September 29, 2014. completed by issuing a rule. On October governmental agencies, Native ADDRESSES: You may submit comments 3, 2013, we proposed listing the western American tribes, the scientific by one of the following methods: yellow-billed cuckoo as a threatened community, industry, or any other (1) Electronically: Go to the Federal species (78 FR 61621). interested parties concerning this eRulemaking Portal: http:// Section 4(b)(2) of the Act states that proposed rule. We particularly seek www.regulations.gov. In the Search box, the Secretary shall designate critical comments concerning: enter Docket No. FWS–R8–ES–2013– habitat on the basis of the best available (1) The western yellow-billed 0011, which is the docket number for scientific data after taking into cuckoo’s biology and range; habitat this rulemaking. Then, in the Search consideration the economic impact, requirements for feeding, breeding, and panel on the left side of the screen, national security impact, and any other sheltering; and the locations of any under the Document Type heading, relevant impact of specifying any additional populations. click on the Proposed Rules link to particular area as critical habitat. The (2) The reasons why we should or locate this document. You may submit critical habitat areas we are proposing to should not designate habitat as ‘‘critical a comment by clicking on ‘‘Comment designate in this rule constitute our habitat’’ under section 4 of the Now!’’ current best assessment of the areas that Endangered Species Act of 1973, as (2) By hard copy: Submit by U.S. mail meet the definition of critical habitat for amended (16 U.S.C. 1531 et seq.) (Act), or hand-delivery to: Public Comments the western yellow-billed cuckoo. including whether there are threats to Processing, Attn: FWS–R8–ES–2013– This is a proposed rule to designate the western yellow-billed cuckoo from 0011; U.S. Fish and Wildlife Service critical habitat for the western yellow- human activity that can be expected to Headquarters, MS: BPHC, 5275 Leesburg billed cuckoo. This proposed increase due to the designation, and Pike, Falls Church, VA 22041–3803. designation of critical habitat identifies whether that increase in threat VerDate Mar<15>2010 19:10 Aug 14, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15AUP2.SGM 15AUP2 emcdonald on DSK67QTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules 48549 outweighs the benefit of designation physical or biological features of the Background such that the designation of critical western yellow-billed cuckoo. It is our intent to discuss below only habitat may not be prudent. (6) Land use designations and current those topics directly relevant to the (3) Specific information on: or planned activities in the subject designation of critical habitat for the (a) The amount and distribution of areas, and their possible impacts on the western yellow-billed cuckoo. For a western yellow-billed cuckoo habitat; proposed critical habitat. (b) What areas occupied at the time of thorough assessment of the species’ listing (i.e., are currently occupied), that (7) Information on the projected and biology and natural history, including contain features essential to the reasonably likely impacts of climate limiting factors and species resource conservation of the western yellow- change on the western yellow-billed needs, please refer to the proposal to list billed cuckoo, should be included in the cuckoo and proposed critical habitat. this species as threatened published previously in the Federal Register on critical habitat designation and why; (8) Any probable economic, national October 3, 2013 (78 FR 61621) (available (c) Special management security, or other relevant impacts of at http://www.regulations.gov at Docket considerations or protection that may be designating as critical habitat any No. FWS–R8–ES–2013–0104). needed in areas we are proposing as particular area that may be included in critical habitat, including managing for the final designation and the benefits of Critical Habitat the potential effects of climate change; including or excluding areas where Background and these impacts occur. (d) What areas not occupied at the Critical habitat is defined in section 3 time of listing are essential for the (9) Whether we could improve or modify our approach to designating of the Act as: conservation of the