[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Proposed Rules]
[Page 19157-19158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap06-35]
[[Page 19157]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU50
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Laguna Mountains Skipper
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of public comment period and notice of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on the proposed rule to
designate critical habitat for the Laguna Mountains skipper (Pyrgus
ruralis lagunae) under the Endangered Species Act of 1973, as amended
(Act). This action will provide all interested parties with an
additional opportunity to submit written comments on the proposed
designation. Comments previously submitted need not be resubmitted as
they have already been incorporated into the public record and will be
fully considered in any final decision. We also will hold two public
hearings on this proposed designation of critical habitat.
DATES: We will accept comments and information until 5 p.m. on May 15,
2006, or at the public hearings. Any comments received after the
closing date may not be considered in the final decision on the
proposed designation of critical habitat.
The public hearings will take place on April 27, 2006, from 1 p.m.
to 3 p.m. and from 6 p.m. to 8 p.m. in Carlsbad, California.
ADDRESSES: Hearings: The public hearings will be held at the Carlsbad
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad,
California.
Comments: Written comments and materials may be submitted to us by
any one of the following methods:
1. You may submit written comments and information to the Field
Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road,
Carlsbad, CA 92011.
2. You may hand-deliver written comments and information to our
Office at the above address.
3. You may fax your comments to 760-431-9624.
4. You may send comments by electronic mail (e-mail) to:
FW8pchskipper@fws.gov. For directions on how to submit electronic
filing of comments, see the ``Public Comments Solicited'' section
below.
5. You may submit comments via the Federal Rulemaking Portal:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Follow the instructions for submitting
comments.
The proposed rule is available on the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://carlsbad.fws.gov
or in hard copy form by contacting the Carlsbad Fish
and Wildlife Office. Comments and materials received, as well as
supporting documentation used in preparation of the proposed critical
habitat rule for the Laguna Mountains skipper, will be available for
public inspection, by appointment, during normal business hours at the
Carlsbad Fish and Wildlife Office.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and
Wildlife Office, at the above address (telephone 760-431-9440;
facsimile 760-431-9624).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from the proposal will be
as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, other concerned governmental
agencies, Tribes, the scientific community, industry, or any other
interested parties concerning our proposed designation of critical
habitat for the Laguna Mountains skipper. We particularly seek comments
concerning:
(1) The reasons why any habitat should or should not be determined
to be critical habitat for the Laguna Mountains skipper as provided by
section 4 of the Act (16 U.S.C. 1531 et seq.), including whether the
benefit of designation will outweigh any threats to the species due to
designation;
(2) Specific information on the amount and distribution of Laguna
Mountains skipper habitat; which areas should be included in the
designation that contain the physical and biological features that are
essential to the conservation of the species and why; and which areas
not occupied at the time of listing are essential to the conservation
of the species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities; and
(5) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
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.
There also may be circumstances in which we would withhold a
respondent's identity, as allowable by law. If you wish us to withhold
your name and/or address, you must state this prominently at the
beginning of your comment, but you should be aware that the Service may
be required to disclose your name and address pursuant to the Freedom
of Information Act (5 U.S.C. 552). 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 received will be available for public inspection, by
appointment, during normal business hours at the Carlsbad Fish and
Wildlife Office (see ADDRESSES section).
All previous comments and information submitted during the initial
comment period on the proposed rule need not be resubmitted. Please
submit electronic comments in ASCII file format, and avoid the use of
any special characters or any form of encryption. Also, please include
``Attn: RIN 1018-AU50'' in the subject line, and your name and 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, please
contact the Carlsbad Fish and Wildlife Office at telephone number 760/
431-9440.
Background
On December 13, 2005, we published a proposed rule in the Federal
Register (70 FR 73699) to designate critical habitat for the Laguna
Mountains skipper on approximately 6,662 acres (2,696 hectares) of land
in two units, divided into a total of seven subunits, on Laguna and
Palomar Mountains in San Diego County, California. The initial public
comment period for the proposal was open for 60 days, ending February
13, 2006.
Critical habitat identifies specific areas containing features
essential to the conservation of a listed species and that
[[Page 19158]]
may require special management considerations or protection. If the
proposed critical habitat designation is finalized, section 7(a)(2) of
the Act would require that Federal agencies ensure that actions they
fund, authorize, or carry out are not likely to jeopardize the
continued existence of the species or result in the destruction or
adverse modification of critical habitat.
Section 4(b)(2) of the Act requires that we designate or revise
critical habitat on the basis of the best scientific and commercial
data available, after taking into consideration economic, and any other
relevant, impacts of specifying any particular area as critical
habitat.
Public Hearings
Section 4(b)(5)(E) of the Act requires one public hearing be held
if any person requests a hearing within 45 days of the publication of a
proposed rule. In response to a request from the U.S. Forest Service's
Cleveland National Forest, the Service will conduct two public hearings
on the date and at the address provided in the DATES and ADDRESSES
sections above.
Anyone wishing to make an oral statement for the record is
encouraged to provide a written copy of their statement and present it
to us at the hearings. In the event there is a large attendance, the
time allotted for oral statements may be limited. Oral and written
statements receive equal consideration. There are no limits on the
length of written comments submitted to us. If you have any questions
concerning the public hearings, please contact the Carlsbad Fish and
Wildlife Office (see ADDRESSES section).
Persons needing reasonable accommodations in order to attend and
participate in the public hearings should contact Patti Carroll at 503-
231-2080 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the hearing
date. Information regarding this notice is available in alternative
formats upon request.
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: April 7, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-3577 Filed 4-11-06; 10:06 am]
BILLING CODE 4310-55-P