[Federal Register: April 28, 2005 (Volume 70, Number 81)]
[Proposed Rules]
[Page 21987-21988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap05-19]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT84
Endangered and Threatened Wildlife and Plants; Extension of the
Comment Period for Proposed Designation of Critical Habitat for the
Arkansas River Basin Population of the Arkansas River Shiner
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; extension of public comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
extension of the public comment period for the proposal to designate
critical habitat for the Arkansas River Basin population of the
Arkansas River Shiner (Notropis girardi) (October 6, 2004; 69 FR
59859). This action will allow all interested parties an opportunity to
comment on the proposed critical habitat designation under the
Endangered Species Act of 1973, as amended.
DATES: Comments must be submitted directly to the Service (see
ADDRESSES section) on or before June 17, 2005. Any comments received
after the closing date may not be considered in the final determination
on the proposal.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of several methods:
1. You may submit written comments and information to the Field
Supervisor, Oklahoma Ecological Services Office, U.S. Fish and Wildlife
Service, 222 South Houston, Tulsa, Oklahoma 74127-8909.
2. You may hand-deliver written comments and information to our
Oklahoma Office, at the above address, or fax your comments to 918-581-
7467.
3. You may send your comments by electronic mail (e-mail) to
r2arshinerch@fws.gov. For directions on how to submit electronic filing
of comments, see the ``Public Comments Solicited'' section.
All comments and materials received, as well as supporting
documentation used in preparation of this proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jerry Brabander, Field Supervisor,
Oklahoma Office (telephone 918-581-7458; facsimile 918-581-7467).
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2004 (69 FR 59859), we proposed to designate as
critical habitat a total of approximately 2,002 kilometers (1,244
miles) of linear distance of rivers, including 91.4 meters (300 feet)
of adjacent riparian areas measured laterally from each bank. This
distance includes areas that we are proposing to exclude that are
discussed below. The areas that we have determined to be essential to
the conservation of the Arkansas River Shiner include portions of the
Canadian River (often referred to as the South Canadian River) in New
Mexico, Texas, and Oklahoma, the Beaver/North Canadian River of
Oklahoma, the Cimarron River in Kansas and Oklahoma, and the Arkansas
River in Arkansas, Kansas, and Oklahoma.
[[Page 21988]]
In developing this proposal, we evaluated those lands determined to
be essential to the conservation of the Arkansas River Shiner to
ascertain if any specific areas would be appropriate for exclusion from
the final critical habitat designation pursuant to section 4(b)(2) of
the Act. On the basis of our preliminary evaluation, we believe that
the benefits of excluding the Beaver/North Canadian River of Oklahoma
and the Arkansas River in Arkansas, Kansas, and Oklahoma, from the
final critical habitat for the Arkansas River Shiner outweigh the
benefits of their inclusion. The public comment period for the proposed
rule was originally scheduled to close on April 30, 2005.
On September 30, 2003, in a complaint brought by the New Mexico
Cattle Growers Association and 16 other plaintiffs, the U.S. District
Court of New Mexico instructed us to propose critical habitat by
September 30, 2004, and publish a final rule by September 30, 2005. The
proposed rule was signed on September 30, 2004, and published in the
Federal Register on October 6, 2004 (69 FR 59859). Additional
background information is available in the October 6, 2004, proposed
rule.
Critical habitat is defined in section 3 of the Act as the specific
areas within the geographic area occupied by a species, at the time it
is listed in accordance with the Act, on which are found those physical
or biological features essential to the conservation of the species and
that may require special management considerations or protection; and
specific areas outside the geographic area occupied by a species at the
time it is listed, upon a determination that such areas are essential
for the conservation of the species. If the proposed rule is made
final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting areas designated as critical habitat must consult with us on
the effects of their proposed actions, pursuant to section 7(a)(2) of
the Act.
Section 4 of the Act requires that we consider economic and other
relevant impacts prior to making a final decision on what areas to
designate as critical habitat. We are currently developing a draft
economic analysis and draft environmental assessment for the proposal
to designate certain areas as critical habitat for the Arkansas River
Shiner and will announce their availability at a later date. We may
revise the proposal, or its supporting documents, to incorporate or
address new information received during the comment period. In
particular, we may exclude an area from critical habitat if we
determine that the benefits of excluding the area outweigh the benefits
of including the area as critical habitat, provided such exclusion will
not result in the extinction of the species.
Pursuant to 50 CFR 424.16(c)(2), we may extend or reopen a comment
period upon finding that there is good cause to do so. We are currently
developing a draft economic analysis and draft environmental assessment
for the proposal and will announce the availability of those documents
and solicit data and comments from the public on these draft documents
at a later date. We will also announce hearing dates concurrently with
the availability of the draft documents. However, it is our intention
to leave the public comment period open and uninterrupted until those
documents are available for public consideration and comment. We
believe that allowing the comment period to close before the full set
of supporting draft analytical documents is available could result in
hurried and incomplete comments on our proposed rule and could also
unnecessarily frustrate respondents. We deem these considerations as
sufficient cause to extend the comment period.
We are required by court order to complete the final designation of
critical habitat for the Arkansas River Shiner by September 30, 2005.
To meet this date, all comments on or proposed revisions to the
proposed rule need to be submitted to us during the comment period, as
extended by this document (see DATES).
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
If you wish us to withhold your name or address, you must state this
request prominently at the beginning of your comments. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Comments and materials received, as well as supporting
documentation used in preparation of the proposal to designate critical
habitat, will be available for public inspection, by appointment,
during normal business hours at the Tulsa Ecological Services Office
(see ADDRESSES section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: April 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8489 Filed 4-27-05; 8:45 am]
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