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Designation of Critical Habitat for Catesbaea

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Designation of Critical Habitat for Catesbaea Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules 48883 18 AAC 50.311. Nonattainment Area Major DEPARTMENT OF THE INTERIOR Office, Road 301 Km. 5.1, Boquero´n, Stationary Source Permits (effective 10/01/ Puerto Rico (telephone 787–851–7297). 04) Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: 18 AAC 50.316. Preconstruction Review for Marelisa Rivera, Caribbean Fish and Construction or Reconstruction of a Major 50 CFR Part 17 Wildlife Office (see ADDRESSES), Source of Hazardous Air Pollutants RIN 1018–AU76 telephone 787–851–7297 ext. 231; (effective 10/01/04) except (c) facsimile 787–851–7440. 18 AAC 50.326. Title V Operating Permits Endangered and Threatened Wildlife (effective 10/01/04) except (j)(1), (k)(3), SUPPLEMENTARY INFORMATION: and Plants; Designation of Critical (k)(5), and (k)(6) Habitat for Catesbaea melanocarpa Public Comments Solicited 18 AAC 50.345. Construction and Operating Permits: Standard Permit Conditions We intend that any final action AGENCY: Fish and Wildlife Service, resulting from this proposal will be as (effective 1/18/97) Interior. 18 AAC 50.346. Construction and Operating accurate and as effective as possible. ACTION: Proposed rule. Permits: Other Permit Conditions (effective Therefore, comments or suggestions from the public, other concerned 10/01/04) SUMMARY: We, the U.S. Fish and governmental agencies, the scientific Wildlife Service (Service), propose to Table 7. Emission Unit or Activity, Standard community, industry, or any other designate critical habitat for the Permit Condition interested party concerning this endangered plant Catesbaea proposed rule are hereby solicited. Article 4. User Fees melanocarpa (no common name) under Comments particularly are sought 18 AAC 50.400. Permit Administration Fees the Endangered Species Act of 1973, as concerning: (effective 1/18/97) except (a), (b), (c)(1), amended (Act). In total, approximately (1) The reasons any habitat should or (c)(3), (c)(6), (i)(2), (i)(3), (m)(3) and (m)(4) 50 acres (ac) (20.2 hectares (ha)) fall should not be determined to be critical 18 AAC 50.403. Negotiated Service within the boundaries of the proposed habitat as provided by section 4 of the Agreements (effective 1/29/05) except (8) critical habitat designation for C. Act (16 U.S.C. 1531 et seq.), including and (9) melanocarpa in one unit located in whether the benefit of designation will 18 AAC 50.405. Transition Process for Permit Christiansted, St. Croix, U.S. Virgin outweigh any threats to the species due Fees (effective 1/29/05) Islands. If made final, this proposal may to designation; 18 AAC 50.410. Emission Fees (effective 1/ result in additional requirements under 18/97) (2) Specific information on the section 7 of the Act for Federal agencies. amount and distribution of Catesbaea 18 AAC 50.499. Definition for User Fee No additional requirements are Requirements (effective 1/29/05) melanocarpa habitat, including areas expected for non-Federal actions. The occupied by C. melanocarpa at the time Article 5. Minor Permits Service seeks comments on all aspects of listing and containing features of this proposal from the public. 18 AAC 50.502. Minor Permits for Air essential to the conservation of the Quality Protection (effective 10/1/04) DATES: We will accept comments from species, and areas not occupied at the except (b)(1), (b)(2), (b)(3) and (b)(5) all interested parties until October 23, listing that are essential to the 18 AAC 50.508. Minor Permits Requested by 2006. We must receive requests for conservation of the species and why; the Owner or Operator (effective 10/1/04) public hearings, in writing, at the (3) Land use designations and current 18 AAC 50.509. Construction of a Pollution address shown in the ADDRESSES section or planned activities in the subject areas Control Project without a Permit (effective by October 6, 2006. and their possible impacts on proposed 10/1/04) ADDRESSES: If you wish to comment, critical habitat; 18 AAC 50.540. Minor Permit: Application you may submit your comments and (4) We have not included lands (effective 10/1/04) materials concerning this proposal by containing features essential to the 18 AAC 50.542. Minor Permit: Review and any one of several methods: conservation of C. melanocarpa within Issuance (effective 10/1/04) except (b)(1), 1. You may submit written comments the Gu´nica and Susu´ a Commonwealth (b)(2), (b)(5), and (d) and information by mail or hand- Forests in Puerto Rico in this proposed 18 AAC 50.544. Minor Permits: Content delivery to Edwin E. Mun˜ iz, Field designation because we believe that the (effective 10/1/04) Supervisor, U.S. Fish and Wildlife Commonwealth Forests provide 18 AAC 50.546. Minor Permits: Revisions Service, Caribbean Fish and Wildlife conservation management and (effective 10/1/04) Office, Road 301 Km. 5.1, P.O. Box 491, protection for these features such that 18 AAC 50.560. General Minor Permits Boquero´n, Puerto Rico 00622. the specific areas do not meet the (effective 10/1/04) except (b) 2. You may send comments by definition of critical habitat. We are Article 9. General Provisions electronic mail (e-mail) to seeking specific comments related to: [email protected]. Please see the (a) Whether our determination to not 18 AAC 50.990. Definitions (effective 1/18/ Public Comments Solicited section include these specific areas in critical 97) below for file format and other habitat is appropriate, and * * * * * information about electronic filing. (b) if our determination is not [FR Doc. E6–13860 Filed 8–21–06; 8:45 am] 3. You may fax your comments to appropriate, then how should we define BILLING CODE 6560–50–P 787–851–7440. the specific areas essential to 4. You may submit comments via the conservation of this plant. Federal E-Rulemaking Portal at http:// (5) Any foreseeable economic, www.regulations.gov. national security, or other potential Comments and materials received, as impacts resulting from the proposed well as supporting documentation used designation and, in particular, any in the preparation of this proposed rule, impacts on small entities; will be available for public inspection, (6) Whether our approach to by appointment, during normal business designating critical habitat could be hours at the Caribbean Fish and Wildlife improved or modified in any way to VerDate Aug<31>2005 17:48 Aug 21, 2006 Jkt 208001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1 cprice-sewell on PROD1PC66 with PROPOSALS 48884 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules provide for greater public participation Service, have designated critical habitat. Procedural and Resource Difficulties in and understanding, or to assist us in We address the habitat needs of all Designating Critical Habitat accommodating public concerns and 1,310 listed species through We have been inundated with comments; conservation mechanisms such as lawsuits for our failure to designate If you wish to comment, you may listing, section 7 consultations, the critical habitat, and we face a growing submit your comments and materials section 4 recovery planning process, the number of lawsuits challenging critical concerning this proposal by any one of section 9 protective prohibitions of habitat determinations once they are several methods (see ADDRESSES unauthorized take, section 6 funding to made. These lawsuits have subjected the section). Please submit electronic the States, the section 10 incidental take Service to an ever-increasing series of comments to [email protected] in permit process, and cooperative, non- court orders and court-approved ASCII file format and avoid the use of regulatory efforts with private special characters or any form of settlement agreements, compliance with landowners. The Service believes that which now consumes nearly the entire encryption. Please also include ‘‘Attn: these measures may make the difference Catesbaea melanocarpa’’ in your e-mail listing program budget. This leaves the between extinction and survival for Service with little ability to prioritize its subject header and your name and many species. return address in the body of your activities to direct scarce listing In considering exclusions of areas resources to the listing program actions message. If you do not receive a proposed for designation, we evaluated confirmation from the system that we with the most biologically urgent the benefits of designation in light of species conservation needs. have received your message, contact us Gifford Pinchot Task Force v. U.S. Fish directly by calling our Caribbean Fish The consequence of the critical and Wildlife Service, 378 F. 3d 1059 habitat litigation activity is that limited and Wildlife Office at phone number (9th Cir 2004) (hereinafter Gifford 787–851–7297. listing funds are used to defend active Pinchot). In that case, the Ninth Circuit lawsuits, to respond to Notices of Intent Our practice is to make comments, invalidated the Service’s regulation including names and home addresses of (NOIs) to sue relative to critical habitat, defining ‘‘destruction or adverse and to comply with the growing number respondents, available for public review modification of critical habitat.’’ In during regular business hours. We will of adverse court orders. As a result, response, on December 9, 2004, the not consider anonymous comments, and listing petition responses, the Service’s Director issued guidance to be we will make all comments available for own proposals to list critically considered in making section 7 adverse public inspection in their entirety. imperiled species, and final listing modification determinations. This Comments and materials received will determinations on existing proposals are proposed critical habitat designation be available for public inspection, by all significantly delayed. does not use the invalidated regulation appointment, during normal business The accelerated schedules of court- in our consideration of the benefits of hours at the Caribbean Fish and Wildlife ordered designations have left the including areas in this final designation.
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