Vol. 76 Tuesday, No. 109 June 7, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Roswell Springsnail, Koster’s Springsnail, Noel’s Amphipod, and Pecos Assiminea; Final Rule VerDate Mar<15>2010 18:28 Jun 06, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07JNR2.SGM 07JNR2 emcdonald on DSK2BSOYB1PROD with RULES2 33036 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR springsnail (Juturnia kosteri), Noel’s springsnail, Koster’s springsnail, and amphipod (Gammarus desperatus), and Noel’s amphipod (75 FR 35375). The Fish and Wildlife Service Pecos assiminea (Assiminea pecos) (four comment period was open for 60 days invertebrates). For more information on and closed on August 23, 2010. 50 CFR Part 17 the biology and ecology of the four Information we received during that [Docket No. FWS–R2–ES–2009–0014; invertebrates, refer to the final listing comment period led to our 92210–1117–0000–B4] rule published in the Federal Register consideration of a new area for critical on August 9, 2005 (70 FR 46304). For habitat for the Noel’s amphipod along RIN 1018–AW50 information on the four invertebrates’ the Rio Hondo on the South Tract of the critical habitat, refer to the proposed Endangered and Threatened Wildlife Refuge and, therefore, led to our rule to designate critical habitat for the and Plants; Designation of Critical publication of an additional document four invertebrates, published in the Habitat for Roswell Springsnail, on February 17, 2011 (76 FR 9297), to Federal Register on June 22, 2010 (75 Koster’s Springsnail, Noel’s accept public comment on the proposed FR 35375), and February 17, 2011 (76 Amphipod, and Pecos Assiminea designation of this additional area. FR 9297). Summary of Comments and AGENCY: Fish and Wildlife Service, Previous Federal Actions Interior. Recommendations On February 12, 2002, we proposed ACTION: Final rule. listing the Roswell springsnail, Koster’s We requested written comments from the public on the proposed designation SUMMARY: We, the U.S. Fish and springsnail, Noel’s amphipod, and Wildlife Service, designate critical Pecos assiminea as endangered with of critical habitat for the four habitat for the Pecos assiminea critical habitat (67 FR 6459) under the invertebrates during the comment (Assiminea pecos), Roswell springsnail Endangered Species Act of 1973, as periods held from March 12 to May 11, (Pyrgulopsis roswellensis), Koster’s amended (Act) (16 U.S.C. 1531 et seq.). 2009; June 22 to August 23, 2010; and springsnail (Juturnia kosteri), and Noel’s Proposed critical habitat for the four February 17 to March 21, 2011. We did amphipod (Gammarus desperatus), species included portions of Bitter Lake not receive any requests for a public under the Endangered Species Act of National Wildlife Refuge (Refuge) in hearing, and none was held. We also 1973, as amended. In total, we are New Mexico, as well as two sites in contacted appropriate Federal, State, designating as critical habitat Texas for the Pecos assiminea. On May and local agencies; scientific approximately 521.3 acres (211.0 31, 2002, and again on May 4, 2005, we organizations; and other interested hectares) for the four species of aquatic reopened the comment period on our parties and invited them to comment on invertebrates. The critical habitat is February 12, 2002, proposed listing of the proposed rule, draft economic located in Chaves County, New Mexico, the four invertebrates with critical analysis, and draft environmental and Pecos and Reeves Counties, Texas. habitat (67 FR 38059 and 70 FR 23083, assessment during the last two comment periods. DATES: This rule becomes effective on respectively). July 7, 2011. On August 9, 2005, we listed Roswell During the comment periods, we springsnail, Koster’s springsnail, Noel’s ADDRESSES: received six comment letters directly This final rule and the amphipod, and Pecos assiminea as associated final economic analysis and addressing the proposed critical habitat endangered under the Act (70 FR designation. All substantive information final environmental assessment are 46304). In that rule, we also designated available on the Internet at http:// provided during comment periods has critical habitat for Pecos assiminea at either been incorporated directly into www.regulations.gov or http:// Diamond Y Springs Complex in Pecos www.fws.gov/southwest/es/NewMexico/. this final determination as appropriate County, Texas, and at East Sandia or addressed below. Comments and materials received, as Springs in Reeves County, Texas. We well as supporting documentation used excluded proposed areas on the Refuge Peer Review in preparing this final rule, are available from the final critical habitat In accordance with our peer review for public inspection, by appointment, designation because special policy published on July 1, 1994 (59 FR during normal business hours, at the management for the four invertebrates 34270), we solicited expert opinions U.S. Fish and Wildlife Service, New was already occurring there. As a result, from three knowledgeable individuals Mexico Ecological Services Field Office, only the Pecos assiminea had critical with scientific expertise that included 2105 Osuna Rd, NE, Albuquerque, NM habitat designated for two areas in familiarity with the species, the 87113; telephone 505–346–2525; Texas, and no critical habitat was geographic region in which the species facsimile 505–346–2542. designated for the other three species. FOR FURTHER INFORMATION CONTACT: On March 12, 2009, in response to a occur, and conservation biology Wally ‘‘J’’ Murphy, Field Supervisor, complaint filed by Forest Guardians principles. We received responses from U.S. Fish and Wildlife Service, New (now WildEarth Guardians) challenging two of the peer reviewers. Mexico Ecological Services Field Office, the exclusion of the Refuge from the We reviewed all comments received 2105 Osuna Rd, NE, Albuquerque, NM final critical habitat designation for the from the peer reviewers for substantive 87113; telephone 505–761–4781; four invertebrate species, we published issues and new information regarding facsimile 505–246–2542. If you use a an announcement reopening a 60-day critical habitat for the four invertebrates. telecommunications device for the deaf comment period on the proposed The peer reviewers generally concurred (TDD), call the Federal Information designation of lands of the Bitter Lake with our methods and conclusions and Relay Service (FIRS) at 800–877–8339. National Wildlife Refuge as critical provided additional information, SUPPLEMENTARY INFORMATION: It is our habitat for the four invertebrates (74 FR clarifications, and suggestions to intent to discuss in this final rule only 10701). improve the final critical habitat rule. those topics directly relevant to the On June 22, 2010, we published a Peer reviewer comments are addressed development and designation of critical proposed rule to revise critical habitat in the following summary and habitat for the Roswell springsnail for the Pecos assiminea and propose incorporated into the final rule as (Pyrgulopsis roswellensis), Koster’s new critical habitat for Roswell appropriate. VerDate Mar<15>2010 18:28 Jun 06, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\07JNR2.SGM 07JNR2 emcdonald on DSK2BSOYB1PROD with RULES2 Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Rules and Regulations 33037 Peer Reviewer Comments Comments From States Summary of Changes From the Proposed Rule (1) Comment: Both peer reviewers and Section 4(i) of the Act states, ‘‘the the State of New Mexico recommended Secretary shall submit to the State Since the publication of the June 22, 2010, proposed rule to revise critical the habitat supporting the Rio Hondo agency a written justification for his habitat for the Pecos assiminea and population of Noel’s amphipod on the failure to adopt regulations consistent propose new critical habitat for Roswell South Tract of the Refuge be included with the agency’s comments or springsnail, Koster’s springsnail, and in this critical habitat designation. petition.’’ We received two comment Noel’s amphipod (75 FR 35375), we Our response: We agree that the Rio letters from the State of New Mexico. have made the following changes: Hondo population of Noel’s amphipod The comments in the first letter are (1) Because the Pecos assiminea should be included in this designation addressed above (see (1), (2), and (4) occupies different habitats than the of critical habitat, and we published an under Peer Reviewer Comments). The Roswell springsnail, Koster’s additional document to request public second letter specifically addressed our springsnail, and Noel’s amphipod, we comments on the proposed designation February 17, 2011 (76 FR 9297), created separate critical habitat units for of the additional area on February 17, proposed rule, stating that the New the Pecos assiminea on the Refuge. 2011 (76 FR 9297). We have included Mexico Department of Game and Fish (2) Due to the discovery of a this area in this final critical habitat (NMDGF) supports the critical habitat population of Noel’s amphipod along designation. designation. the Rio Hondo on the South Tract of the (2) Comment: One peer reviewer and Refuge, we proposed an additional Public Comments the State of New Mexico requested we critical habitat area on February 17, clarify the language discussing the (5) Comment: One commenter 2011 (76 FR 9297). This area is included number of locations of Pecos assiminea suggested we include additional areas as critical habitat in this final rule. that occur on the Refuge, which stated surrounding depleted springs and ponds (3) Because of the addition of new disparate numbers of populations. as critical habitat. units for the Pecos assiminea and Noel’s Our response: We have revised the amphipod, the unit numbers have Our response: Much of the historic language accordingly in this final changed from those in the proposed habitat for these four invertebrates has critical habitat designation.