[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]

[[Page 19157]]



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.


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, 
    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 
    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 

    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).


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 
    (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 
    (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/


    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 

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.


    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]