[Federal Register: November 1, 2002 (Volume 67, Number 212)]
[Proposed Rules]               
[Page 66599-66600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG96

Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Delphinium bakeri and Delphinium luteum (Baker's 
and Yellow Larkspur)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability of draft economic 
analysis; reopening of comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of the draft economic analysis for the proposed 
designation of critical habitat for Delphinium bakeri (Baker's 
larkspur) and Delphinium luteum (yellow larkspur) located in Marin and 
Sonoma counties, California. We are reopening the comment period for 
the proposal to designate critical habitat for these species to allow 
all interested parties to comment simultaneously on the proposed rule 
and the associated draft economic analysis. Comments previously 
submitted need not be resubmitted as they will be incorporated into the 
public record as part of this extended comment period, and will be 
fully considered in the final rule.

DATES: We will accept comments on both the draft economic analysis and 
the proposed critical habitat designation until December 2, 2002.

ADDRESSES: Written comments and information should be submitted to the 
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, 2800 Cottage Way, Suite W-2605, Sacramento, CA 95825. 
For the electronic mail address, and further instructions on 
commenting, refer to Public Comments Solicited section of this notice.

FOR FURTHER INFORMATION CONTACT: Glen Tarr, at the address above 
(telephone 916/414-6600; facsimile 916/414-6710).



    Delphinium bakeri and Delphinium luteum (Baker's and yellow 
larkspur) are perennial herbs in the buttercup family (Ranunculaceae) 
endemic to (native and restricted to) Sonoma and Marin counties in 
California. Delphinium bakeri produces dark blue or purplish flowers in 
April and May, while D. luteum produces bright yellow flowers from 
March to May.
    We listed both plants as endangered species under the Endangered 
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.) on 
January 6, 2000 (65 FR 4156). On June 18, 2002, we proposed six 
critical habitat units for the plants, totaling 1,786 hectares (ha) 
(4,412 acres (ac)) (67 FR 41367). For Delphinium bakeri, we proposed 
two units in Sonoma and Marin counties, California totaling 740 ha 
(1,828 ac), while for D. luteum, we proposed four units in Sonoma and 
Marin counties totaling 1,046 ha (2,584 ac). All of the area proposed 
as critical habitat is in private ownership.
    Critical habitat receives protection from destruction or adverse 
modification through required consultation under section 7 of the Act 
with regard to actions carried out, funded, or authorized by a Federal 
agency. Section 4(b)(2) of the Act requires that the Secretary of the 
Interior shall designate or revise critical habitat based upon the best 
scientific and commercial data available, after taking into 
consideration the economic impact of specifying any particular area as 
critical habitat.
    The public comment period for the June 18, 2002, proposal 
originally closed on August 19, 2002. We have prepared a draft economic 
analysis on the effects of the proposed critical habitat designation, 
and are now announcing its availability for review. The draft analysis 
estimates the foreseeable economic impacts of the critical habitat 
designation on government agencies and private businesses and 
individuals. Reopening of the comment period will provide the public an 
opportunity to evaluate and comment on both the proposed rule and the 
draft economic analysis. Comments already submitted on the proposed 
designation of critical habitat for Delphinium bakeri and D. luteum do 
not need to be resubmitted as they will be fully considered in the 
final determinations.

Public Comment Solicited

    The final economic analysis concerning the designation of critical 
habitat for Delphinium bakeri and D. luteum will consider information 
and recommendations from all interested parties. We will accept written 
comments and information during this reopened comment period. If you 
wish to comment, you may submit your comments and materials concerning 
this proposal by any of several methods:
    You may mail or hand-deliver written comments and information to 
the Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, 2800 Cottage Way, Suite W-2605, Sacramento, CA 
95825. Hand deliveries must be made during normal business hours.
    You may also send comments by electronic mail (e-mail) to: 
fw1bakers --yellow--larkspur@fws.gov.
    Hand-delivered or mailed comments and information should be 
submitted to the Sacramento Fish and Wildlife Office, as found in the 
ADDRESSES section. Comments and information submitted by e-mail should 
be addressed to fw1bakers--yellow--larkspur@fws.gov. If you submit 
comments by e-mail, please submit them as an ASCII file and avoid the 
use of special characters and any form of encryption. Please also 
include a return address in your e-mail message. If you do not receive 
a confirmation from the system that we have received your e-mail 
message, contact us directly by calling our Sacramento Fish and 
Wildlife Office at telephone number 916/414-6600, during normal 
business hours.
    We solicit comments or suggestions from the public, other concerned 
governmental agencies, tribes, the scientific community, industry, or 
any other interested parties concerning the proposal or the draft 
economic analysis. We particularly seek comments concerning:

[[Page 66600]]

    (1) Plans or potential for development within the area proposed to 
be designated, notwithstanding the comments of the county employee 
contacted in preparing the economic analysis;
    (2) Plans or potential for conversion of land within the area 
proposed to be designated to other types of agricultural uses, such as 
vineyards, which might require a permit under section 404 of the Clean 
Water Act, or other types of Federal permits;
    (3) The likelihood of ``stigma effects'' and costs associated with 
the designation; and
    (4) The likely effects and resulting costs arising from the 
California Environmental Quality Act and other State laws as a result 
of the designation.
    Comments and materials received, as well as supporting 
documentation used in preparation of the proposal to designate critical 
habitat, will be available for inspection, by appointment, during 
normal business hours at our office listed in the ADDRESSES section. 
Copies of the draft economic analysis are available on the Internet at 
www.r1.fws.gov or by writing or calling Glen Tarr or Susan Moore, at 
the address or telephone number listed above.


    The primary author of this notice is Glen Tarr (see ADDRESSES 


    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    Dated: October 23, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-27872 Filed 10-31-02; 8:45 am]