Tuesday, December 8, 2009 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Brodiaea Filifolia (Thread-Leaved Brodiaea); Proposed Rule VerDate Nov<24>2008 17:06 Dec 07, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08DEP3.SGM 08DEP3 srobinson on DSKHWCL6B1PROD with PROPOSALS3 64930 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Federal Information Relay Service excluding areas that exhibit these (FIRS) at (800) 877–8339. impacts. Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (7) Whether lands in any specific subunits being proposed as critical 50 CFR Part 17 Public Comments habitat should be considered for [FWS–R8–ES–2009–0073] We intend that any final action exclusion under section 4(b)(2) of the [92210–1117–0000–B4] resulting from this proposed rule will be Act by the Secretary, and whether the based on the best scientific and benefits of potentially excluding any RIN 1018–AW54 commercial data available and be as particular area outweigh the benefits of accurate and as effective as possible. including that area as critical habitat. Endangered and Threatened Wildlife Therefore, we request comments or and Plants; Proposed Revised Critical (8) The Secretary’s consideration to information from the public, other Habitat for Brodiaea filifolia (thread- exercise his discretion under section concerned government agencies, the leaved brodiaea) 4(b)(2) of the Act to exclude lands scientific community, industry, or other proposed in Subunits 11a, 11b, 11c, AGENCY: Fish and Wildlife Service, interested party concerning this 11d, 11e, 11f, 11g, and 11h that are Interior. proposed rule. We particularly seek within the area addressed by the ACTION: Proposed rule. comments concerning: Western Riverside County Multiple (1) The reasons why we should or Species Habitat Conservation Plan SUMMARY: We, the U.S. Fish and should not revise the designation of (Western Riverside County MSHCP), Wildlife Service (Service), propose to habitat as ‘‘critical habitat’’ under and whether such exclusion is revise designated critical habitat for section 4 of the Endangered Species Act appropriate and why. Brodiaea filifolia (thread-leaved of 1973, as amended (Act; 16 U.S.C. (9) The Secretary’s consideration to brodiaea) under the Endangered Species 1531 et seq.), including whether there exercise his discretion under section Act of 1973, as amended (Act). are threats to the species from human 4(b)(2) of the Act to exclude lands Approximately 3,786 acres (ac) (1,532 activity, the degree of which can be proposed in Subunits 4b, 4c, and 4g that hectares (ha)) of habitat fall within the expected to increase due to the are within the area addressed by the boundaries of the proposed revised designation, and whether that increase Orange County Southern Subregion critical habitat designation, which is in threat outweighs the benefit of Habitat Conservation Plan (Orange located in Los Angeles, San Bernardino, designation such that the designation of County Southern Subregion HCP), and Riverside, Orange, and San Diego critical habitat is not prudent. whether such exclusion is appropriate Counties in southern California. (2) Specific information on: • and why. DATES: We will accept comments Areas that provide habitat for (10) The Secretary’s consideration to received or postmarked from all Brodiaea filifolia that we did not discuss exercise his discretion under section interested parties on or before February in this proposed revised critical habitat 4(b)(2) of the Act to exclude lands 8, 2010. We must receive requests for rule, proposed in Subunits 7a, 7b, 7c, and 7d • Areas within the geographical area public hearings, in writing, at the that are within the area addressed by the occupied by the species at the time of address shown in the FOR FURTHER City of Carlsbad’s Habitat Management listing containing the features essential INFORMATION CONTACT section by January Plan (Carlsbad HMP) under the to the conservation of B. filifolia that we 22, 2010. Northwestern San Diego County should include in the designation and ADDRESSES: Multiple Habitat Conservation Plan You may submit comments why, (MHCP), and whether such exclusion is by one of the following methods: • Areas outside the geographical area • appropriate and why. Federal eRulemaking Portal: http:// occupied by the species at the time of www.regulations.gov. Follow the listing that are essential for the (11) The Secretary’s consideration to instructions for submitting comments to conservation of the species and why, exercise his discretion under section Docket No. FWS-R8-ES-2009-0073. 4(b)(2) of the Act to exclude lands • and U.S. mail or hand-delivery: Public • Any areas identified in this proposed in Unit 12 that are within the Comments Processing, Attn: FWS–R8– proposed revised critical habitat rule area addressed by the County of San ES–2009–0073; Division of Policy and that should not be proposed as critical Diego Subarea Plan and the City of San Directives Management; U.S. Fish and habitat and why. Diego Subarea Plan under the San Diego Wildlife Service; 4401 N. Fairfax Drive, (3) Land-use designations and current Multiple Species Conservation Plan Suite 222; Arlington, VA 22203. or planned activities in the areas (MSCP), and whether such exclusion is We will not accept e-mail or faxes. We proposed as critical habitat, and their appropriate and why. will post all comments on http:// possible impacts on proposed critical (12) Special management www.regulations.gov. This generally habitat. considerations or protection that the means that we will post any personal (4) Comments or information that may physical and biological features information you provide us (see the assist us in identifying or clarifying the essential to the conservation of the Public Comments section below for primary constituent elements (PCEs). species may require. more information). (5) How the proposed revised critical (13) Information on any quantifiable FOR FURTHER INFORMATION CONTACT: For habitat boundaries could be refined to economic costs or benefits of the general information on the proposed more closely circumscribe the areas proposed revised designation of critical designation, contact Jim Bartel, Field meeting the definition of critical habitat. habitat. Supervisor, U.S. Fish and Wildlife (6) Any probable economic, national (14) Information on the currently Service, Carlsbad Fish and Wildlife security, or other relevant impacts of predicted effects of climate change on Office, 6010 Hidden Valley Road, Suite designating any area that may be Brodiaea filifolia and its habitat. 101, Carlsbad, CA 92011; telephone included in the final designation. We (15) Whether we could improve or (760) 431–9440; facsimile (760) 431– are particularly interested in any modify our approach to designating 5901. If you use a telecommunications impacts on small entities or families, critical habitat in any way to provide for device for the deaf (TDD), call the and the benefits of including or greater public participation and VerDate Nov<24>2008 17:06 Dec 07, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08DEP3.SGM 08DEP3 srobinson on DSKHWCL6B1PROD with PROPOSALS3 Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Proposed Rules 64931 understanding, or to better rule published in the Federal Register In the summer months, the seed accommodate concerns and comments. on October 13, 1998 (63 FR 54975), and capsules of Brodiaea filifolia mature. Our final determination concerning the designation of critical habitat for B. The seeds are released and fall to the critical habitat for Brodiaea filifolia will filifolia published in the Federal ground, either on the surface or into take into consideration all written Register on December 13, 2005 (70 FR cracks in the soil. During fall and winter comments and any additional 73820). Additionally, more information rains, the clay matrix hydrates, softens, information we receive during the on this species can be found in the five- and expands, which causes the cracks to comment period. These comments are year review for B. filifolia signed on close; following this soil hydration included in the public record for this August 13, 2009, which is available on period, seedlings emerge with leaves rulemaking and we will fully consider our Web site at: http//:www.fws.gov/ and a specialized root. Seedlings of B. them in the preparation of our final Carlsbad. filifolia are equipped with a specialized, determination. On the basis of public Species Description succulent contractile root that is lost by comments, we may, during the mature corms and facilitates the development of our final determination, Brodiaea filifolia is a perennial herb seasonal downward movement of the find that areas within the proposed with dark-brown, fibrous-coated corms young plant (Niehaus 1971, p. 4). The designation do not meet the definition (underground, bulb-like storage stem). contractile root swells with moisture in of critical habitat, that some Corms function similarly to bulbs such the wet season, creating space below the modifications to the described that they store water and nutrients developing cormlet. As the soil dries, boundaries are appropriate, or that areas during the dormant season (Smith 1997, the contractile root dries and shrinks may or may not be appropriate for p. 28). The flower stalks (scapes) are 8 longitudinally, drawing the young exclusion under section 4(b)(2) of the to 16 inches (in) (20 to 40 centimeters cormlet downward in the soil. This Act. (cm)) tall. The leaves are basal, narrow, process continues to a point at which You may submit your comments and and shorter than the stalk, and the the soil moisture is adequate to keep the materials concerning this proposed rule flowers are arranged in a loose umbel contractile root from shrinking, by one of the methods listed in the (all flowers are attached to the stalk at resulting in the location of the corm in ADDRESSES section.