Friday, June 25, 2004 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Populations of Bull Trout; Proposed Rule VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JNP3.SGM 25JNP3 35768 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules DEPARTMENT OF THE INTERIOR participate in the public hearing should (2) Specific information on the contact Patti Carroll at 503/231–2080 as amount and distribution of bull trout Fish and Wildlife Service soon as possible. In order to allow habitat, and what habitat is essential to sufficient time to process requests, the conservation of the species and why; 50 CFR Part 17 please call no later than 1 week before (3) Land use designations and current RIN 1018–AJ12 the hearing date. or planned activities in the subject areas ADDRESSES: If you wish to comment, and their possible impacts on proposed Endangered and Threatened Wildlife you may submit your comments and critical habitat; and Plants; Proposed Designation of materials concerning this proposal by (4) Any foreseeable economic or other Critical Habitat for the Jarbidge River, any one of several methods: potential impacts resulting from the Coastal-Puget Sound, and Saint Mary- 1. You may submit written comments proposed designation, in particular, any Belly River Populations of Bull Trout and information to John Young, Bull impacts on small entities; (5) Whether our approach to critical Trout Coordinator, U.S. Fish and AGENCY: Fish and Wildlife Service, habitat designation could be improved Wildlife Service, Branch of Endangered Interior. or modified in any way to provide for Species, 911 N.E. 11th Avenue, greater public participation and ACTION: Proposed rule. Portland, OR 97232 (telephone 503/ understanding, or to assist us in 231–6194; facsimile 503/231–6243). SUMMARY: We, the U.S. Fish and accommodating public concern and 2. You may hand-deliver written Wildlife Service (Service), propose to comments; designate critical habitat for the Jarbidge comments to our Regional Office, at the (6) We are seeking comment on the River, Coastal-Puget Sound, and Saint address given above during normal use of tidal datum to delineate the area Mary-Belly River populations of bull business hours. of the photic zone (uppermost layer of trout (Salvelinus confluentus) pursuant 3. You may send comments by water into which daylight penetrates to the Endangered Species Act of 1973, electronic mail (e-mail) to: sufficiently to influence living as amended (Act). For the Jarbidge River [email protected]. Please see the organisms), and we are interested in any population, the proposed critical habitat Public Comments Solicited section proposed alternatives that appropriately designation includes approximately 131 below for file format and other identify proposed critical habitat for miles (mi) (211 kilometers (km)) of information about electronic filing. In bull trout in the marine nearshore streams in Idaho and Nevada. For the the event that our internet connection is waters; and Coastal-Puget Sound population, the not functional, please submit your (7) We are specifically seeking public proposed critical habitat designation comments by the alternate methods comment on areas of habitat for which totals approximately 2,290 mi (3,685 mentioned above. we do not have documented evidence of km) of streams, 52,540 acres (ac) (21,262 All comments and materials received, occupancy, but which may be essential hectares (ha)) of lakes, and 985 mi as well as supporting documentation to provide additional spawning and (1,585 km) of marine shoreline in used in preparation of this proposed rearing areas or foraging, migratory, and Washington. For the Saint Mary-Belly rule, will be available for public overwintering (FMO) habitat for existing River population, the proposed critical inspection, by appointment, during bull trout populations. Specific areas habitat designation totals approximately normal business hours at the above include: the headwater tributaries of the 88 mi (142 km) of streams and 6,295 ac address. Jarbidge River system; the Bruneau (2,548 ha) of lakes in Montana. Public Hearing: We will hold public River and its tributaries; tributaries of Section 4 of the Act requires us to hearings at the Comfort Inn and the Skokomish, Dungeness, Hoh, consider the economic and other Conference Center, 1620 74th Ave. Queets, Quinault, and Chehalis River relevant impacts of specifying any area Southwest, Tumwater, WA. Public systems; independent tributaries to as critical habitat. We will conduct an hearings will be held from 1 p.m. until Hood Canal, Pacific Coast from Cape analysis of the economic impacts of 3 p.m. and from 6 p.m. until 8 p.m. Flattery to Willapa Bay, and Grays designating these areas in a manner that FOR FURTHER INFORMATION CONTACT: John Harbor; Sumas River and tributaries of is consistent with the ruling of the 10th Young, Bull Trout Coordinator, at the the Chilliwack River system; tributaries Circuit Court of Appeals in N.M. Cattle above address, (telephone 503/231– of the Nooksack River system, especially Growers Ass’n v. USFWS. We hereby 6194; facsimile 503/231–6243). those to its major forks; tributaries of the solicit data and comments from the SUPPLEMENTARY INFORMATION: Skagit River system; tributaries of public on all aspects of this proposal, Diablo Lake and the Thunder Creek Public Comments Solicited including data on economic and other system; tributaries of Ross Lake and the impacts of the designation. We may We intend that any final action Lightning Creek system; tributaries of revise this proposal prior to final resulting from this proposal will be as the Stillaguamish River system, designation to incorporate or address accurate and as effective as possible. especially those to its major forks; new information received during public Therefore, comments or suggestions tributaries of the Skykomish River and comment periods. from the public, other concerned its major forks; and tributaries of the DATES: We will accept comments until governmental agencies, the scientific Puyallup River system, especially those August 24, 2004. community, industry, or any other to the Carbon, West Fork White, upper interested party concerning this White, and Greenwater Rivers. Public Hearing proposed rule are hereby solicited. If you wish to comment, you may The Act provides for a public hearing Comments particularly are sought submit your comments and materials on this proposal, if requested. Given the concerning: concerning this proposal by any one of high likelihood of requests, we have (1) The reasons why any habitat several methods (see ADDRESSES scheduled a public hearing to be held should or should not be determined to section). The proposed rule, maps, fact on Tuesday, August 10, 2004, in be critical habitat as provided by section sheets, photographs, and other materials Washington State. 4 of the Act, including whether the relating to this proposal, can be found Persons needing reasonable benefit of designation will outweigh any on our Pacific Region bull trout Web site accommodations in order to attend and threats to the species due to designation; at http://species.fws.gov/bulltrout. VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35769 Please submit e-mail comments to ADDRESSES for information on the public Procedural and Resource Difficulties in [email protected] in ASCII file hearings currently scheduled. Designating Critical Habitat format and avoid the use of special Anyone wishing to make oral characters or any form of encryption. comments for the record at the public We have been inundated with Please also include ‘‘Attn: bull trout’’ in hearing is encouraged to provide a lawsuits regarding critical habitat your e-mail subject header and your written copy of their statement and designation, and we face a growing name and return address in the body of present it to us at the hearing. In the number of lawsuits challenging critical your message. If you do not receive a event there is a large attendance, the habitat determinations once they are confirmation from the system that we time allotted for oral statements may be made. These lawsuits have subjected us have received your Internet message, limited. Oral and written statements to an ever-increasing series of court contact us directly by calling our receive equal consideration. orders and court-approved settlement Regional Office at phone number 503/ agreements, compliance with which 872–2766. Please note that the Internet Designation of Critical Habitat Provides now consumes nearly the entire listing address [email protected] will be Little Additional Protection to Species program budget. This leaves us with closed out at the termination of the In 30 years of implementing the little ability to prioritize our activities to public comment period. In the event Endangered Species Act of 1973, as direct scarce listing resources to the that our Internet connection is not amended (Act) (16 U.S.C. 1531 et seq.), listing program actions with the most functional, please submit your we have found that the designation of biologically urgent species conservation comments by the alternate methods statutory critical habitat provides little needs. mentioned above. additional protection to most listed The consequence of the critical Our practice is to make comments, species, while consuming significant habitat litigation activity is that limited amounts of available conservation including names and home addresses of listing funds are used to defend active respondents, available for public review resources. Our present system for lawsuits and to comply with the during regular business hours. designating critical habitat is driven by growing number of adverse court orders.