65056 Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Proposed Rules * * * * * means that we will post any personal to the Santa Ana River below Prado Dated: November 19, 2009. information you provide us (see the Dam (Subunit 1B). (6) Specific information on the Santa Thomas L. Strickland, Public Comments section below for more information). Ana sucker, habitat conditions, and the Assistant Secretary for Fish and Wildlife and presence of potential permanent barriers Parks. FOR FURTHER INFORMATION CONTACT: Jim to movement in Big Tujunga Wash [FR Doc. E9–29020 Filed 12–8–09; 8:45 am] Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and (Subunit 3A), particularly between the BILLING CODE 4310–55–C Wildlife Office, 6010 Hidden Valley Big Tujunga Canyon Road Bridge and Road, Suite 101, Carlsbad, CA 92011; the Big Tujunga Dam. See Critical Habitat Units section below. DEPARTMENT OF THE INTERIOR telephone (760) 431–9440; facsimile (760) 431–5901. If you use a (7) Specific information on in-stream Fish and Wildlife Service telecommunications device for the deaf gradient (slope) limitations of the (TDD), call the Federal Information species. In this proposed revised rule, 50 CFR Part 17 Relay Service (FIRS) at (800) 877–8339. we assume that Santa Ana suckers are SUPPLEMENTARY INFORMATION: unable to occupy stream sections where [FWS–R8–ES–2009–0072] the in-stream slope exceeds 7 degrees. [92210-1117-0000-B4] Public Comments See Primary Constituent Elements [RIN 1018–AW23] We intend any final action resulting (PCEs) section below. from this proposal to be as accurate and (8) Land-use designations and current Endangered and Threatened Wildlife as effective as possible. Therefore, we or planned activities in the areas and Plants; Revised Critical Habitat for request comments or suggestions on this proposed as critical habitat, as well as the Santa Ana Sucker (Catostomus proposed rule. We particularly seek their possible effects on proposed santaanae); Proposed Rule comments concerning: critical habitat. (1) The reasons we should or should (9) Comments or information that may AGENCY: Fish and Wildlife Service, not revise the designation of habitat as assist us in identifying or clarifying the Interior. ‘‘critical habitat’’ under section 4 of the PCEs. See Primary Constituent ACTION: Proposed rule. Endangered Species Act of 1973, as Elements section below for further amended (Act; 16 U.S.C. 1531 et seq.), discussion of PCEs. SUMMARY: We, the U.S. Fish and including whether the benefit of (10) How the proposed revised critical Wildlife Service (Service), propose to designation would outweigh any threats habitat boundaries could be refined to revise the designated critical habitat for to the species caused by the designation, more closely circumscribe the areas the Santa Ana sucker (Catostomus such that the designation of critical identified as containing the features santaanae). The areas identified in this habitat is prudent. essential to the species’ conservation. proposed rule constitute a revision of (2) Specific information on: (11) Any probable economic, national- the areas designated as critical habitat • Areas that provide habitat for the security, or other impacts of designating for the Santa Ana sucker on January 4, Santa Ana sucker that we did not particular areas as critical habitat, and, 2005. In the 2005 final rule, we discuss in this proposed critical habitat in particular, any impacts on small designated 8,305 ac (3,361 ha) of critical rule, entities (e.g., small businesses or small habitat in Los Angeles County. • Areas within the geographical area governments), and the benefits of Approximately 9,605 acres (ac) (3,887 occupied by the species at the time of including or excluding areas that exhibit hectares (ha)) of habitat in the Santa listing that contain the physical and these impacts. Ana River (San Bernardino, Riverside, biological features essential to the (12) Whether any specific areas being and Orange Counties) and the San conservation of the species which may proposed as critical habitat should be Gabriel River and Big Tujunga Creek require special management excluded under section 4(b)(2) of the (Los Angeles County) in southern considerations or protection, that we Act, and whether the benefits of California fall within the boundaries of should include in the designation and potentially excluding any particular the proposed revised critical habitat reason(s) why (see Physical and area outweigh the benefits of including designation. Biological Features section below for that area under section 4(b)(2) of the further discussion.), and Act. See Exclusions section below for DATES: We will consider comments we • Areas outside the geographical area further discussion. receive on or before February 8, 2010. occupied by the species at the time of (13) The potential exclusion of We must receive requests for public listing that are essential for the Subunits 1B and 1C under section hearings, in writing, at the address conservation of the species and why. 4(b)(2) of the Act based on the benefits shown in the FOR FURTHER INFORMATION (3) Specific information on our to the species provided by CONTACT section by January 25, 2010. proposed designation of City Creek and implementation of the Santa Ana Sucker ADDRESSES: You may submit comments the Santa Ana River above Seven Oaks Conservation Program and whether the by one of the following methods: Dam to provide habitat for future benefits of exclusion of this area • Federal eRulemaking Portal: http:// reintroduction of the Santa Ana sucker outweigh the benefits of including this www.regulations.gov. Follow the to augment the Santa Ana sucker area as critical habitat, and why. See instructions for submitting comments to population in the Santa Ana River. See Exclusions section below for further Docket No. FWS-R8-ES-2009-0072. Critical Habitat Units section below. discussion. • U.S. mail or hand-delivery: Public (4) Specific information on the Santa (14) Information on any quantifiable Comments Processing, Attn: FWS–R8– Ana sucker, habitat conditions, and the economic costs or benefits of the ES–2009–0072; Division of Policy and presence of physical and biological proposed revised designation of critical Directives Management; U.S. Fish and features essential for the conservation of habitat. Wildlife Service; 4401 N. Fairfax Drive, the species in Subunit 1B below Prado (15) Whether we could improve or Suite 222; Arlington, VA 22203. Dam. modify our approach to designating We will post all comments on http:// (5) Specific information on the critical habitat in any way to provide for www.regulations.gov. This generally sediment contribution from tributaries greater public participation and VerDate Nov<24>2008 14:54 Dec 08, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\09DEP1.SGM 09DEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Proposed Rules 65057 understanding, or to better Background Sediment loads are high in the San accommodate public concerns and It is our intent to discuss only those Gabriel and San Bernardino Mountains comments. topics directly relevant to the revised (National Research Council 1996, p. 29). Our final determination concerning designation of critical habitat in this The streams that this species inhabits critical habitat for the Santa Ana sucker proposed rule. This rule incorporates are generally perennial streams with water ranging in depth from a few will take into consideration all written new information on the distribution of inches to several feet and with currents comments we receive during the the Santa Ana sucker and its habitat ranging from slight to swift (Haglund comment period, including comments within the Santa Ana River that we did and Baskin 2003, p. 2). They are also we have requested from peer reviewers, not discuss in the 2005 final critical naturally subject to periodic, severe comments we receive during a public habitat designation for this species. No flooding (Moyle 2002, p.183). However, hearing should we receive a request for new information pertaining to the decades of groundwater extraction have one, and any additional information we species’ description, life history, or lowered subsurface groundwater levels ecology was received following the 2005 receive during the 60–day comment within the historical range of the Santa final critical habitat designation for this period. Our final determination will Ana sucker (California Regional Water also consider all written comments and species; summary information relevant Quality Control Board 1995, pp. 1-4 to any additional information we receive to this species critical habitat is 1-5). In conjunction with periodic during the comment period for the draft provided below. For more information reductions in stream flows during economic analysis. All comments will on the Santa Ana sucker, refer to the extended periods of drought typical of be included in the public record for this final listing rule published in the southern California climate cycles, all rulemaking. On the basis of peer Federal Register on April 12, 2000 (65 streams that support the Santa Ana reviewer and public comments, we may, FR 19686), and the designation and sucker experience less perennial flow during the development of our final revision of critical habitat for the Santa (California Regional Water Quality determination, find that areas within Ana sucker published in the Federal Control Board 1995, p. 1–4). Flows also those proposed do not meet the Register on February 26, 2004 (69 FR fluctuate artificially, either increasing or definition of critical habitat, that some 8839), and on January 4, 2005 (70 FR decreasing in an unnatural manner as a modifications to the described 426), respectively. result of dam operations and, in some boundaries are appropriate, or that some Species Description areas, discharges from wastewater areas may be excluded from the final treatment plants. determination under section 4(b)(2) of The Santa Ana sucker is a small, Santa Ana suckers are most abundant the Act based on Secretarial discretion.