[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Proposed Rules]               
[Page 4912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 4912]]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV51
[FWS-R4-ES-2008-0058; 92210-1117-0000-FY08-B4]

Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Alabama Sturgeon (Scaphirhyncus suttkusi)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
extension of the public comment period on the proposed revised 
designation of critical habitat for the Alabama sturgeon (Scaphirhyncus 
suttkusi) under the Endangered Species Act of 1973, as amended (Act). 
We are extending the comment period to allow all interested parties an 
opportunity to comment simultaneously on the revised proposed rule, the 
associated draft economic analysis, and the amended required 
determinations following a public hearing that will take place January 
28, 2009.

DATES: Written Comments: We will consider comments received on or 
before February 9, 2009.
    Public Hearings: We will hold a public hearing on January 28, 2009, 
at the Alabama Southern Community College in Monroeville, AL (see 
ADDRESSES). The hearing is open to all who wish to provide formal, oral 
comments regarding the proposed revised critical habitat and will be 
held from 7 p.m. to 9 p.m., central time, with an open house from 5:30 
p.m. to 6:30 p.m., central time.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2008-0058, Division of Policy and Directives 
Management, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
     Public Hearing: A public hearing will be held (see DATES) 
at the Nettles Auditorium at Alabama Southern Community College, 2800 
South Alabama Avenue, Monroeville, AL 36460.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us.

Biologist, U.S. Fish and Wildlife Service, Alabama Field Office, 1208 
Main Street, Daphne, AL 36526; telephone: 251-441-5858; facsimile: 251-
441-6222. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.



    We published a proposed designation of critical habitat for the 
Alabama sturgeon in the Federal Register on May 27, 2008 (73 FR 30361). 
The proposed rule opened a 60-day comment period, which closed on July 
28, 2008.
    On December 30, 2008, we published a proposed revised designation 
of critical habitat for the Alabama sturgeon and announced the opening 
of a second public comment period and the scheduling of a public 
hearing (73 FR 79770). We also announced the availability for public 
comment of a draft economic analysis and an amended required 
determinations section of the proposal. We further sought comment on 
our proposal to change the first primary constituent element from its 
original description because we have determined that the original 
wording failed to indicate that the flow needs of the species are 
relative to the season of the year.
    The second comment period was opened for 30 days from December 30, 
2008, to January 29, 2008. We are extending the comment period an 
additional 11 days to allow all interested parties an opportunity to 
comment after the January 28, 2009, public hearing. Our December 30, 
2008, revised proposed rule (73 FR 79770) specifies the information 
that we seek from the public. If you submitted comments previously, you 
do not need to resubmit them because we have already incorporated them 
into the public record and will fully consider them in preparation of 
the final rule.


    The primary authors of this notice are the staff members of the 
Southeast Regional Office, U.S. Fish and Wildlife Service.


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

    Dated: January 15, 2009.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-1455 Filed 1-27-09; 8:45 am]