2011 Federal Register, 76 FR 36068; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 119 (Tuesday, June 21, 2011)

[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Proposed Rules]
[Pages 36068-36071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15403]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2009-0044; MO 92210-0-0009]
RIN 1018-AW86

Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Sonoma County Distinct Population Segment of
the California Tiger Salamander (Ambystoma californiense)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revision and reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the

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reopening of the comment period on our August 18, 2009, proposed
designation of critical habitat for the Sonoma County Distinct
Population Segment of the California tiger salamander (Ambystoma
californiense) under the Endangered Species Act of 1973, as amended. We
also announce revisions to the proposed critical habitat unit. In this
revised proposal, we add 4,945 ac (2,001 ha) to the proposed critical
habitat unit in the general area of Roblar Road, based on peer review
and other information submitted in the previous public comment period.
In total, we are proposing to designate approximately 55,800 acres (ac)
(22,580 hectares (ha)) of land as critical habitat for the Sonoma
California tiger salamander. We are reopening the comment period to
allow interested parties an opportunity to comment on the revised
proposed critical habitat. Comments previously submitted need not be
resubmitted and will be fully considered in preparation of the final
rule.

DATES: We will consider public comments received on or before July 5,
2011. Comments must be received by 11:59 p.m. Eastern Time on the
closing date. Any comments that we receive after the closing date may
not be considered in the final decision on this action.

ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R8-
ES-2009-0044.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2009-0044; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS-
2042 PDM; Arlington, VA, 22203.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Susan Moore, Field Supervisor, or
Karen Leyse, Listing Coordinator, U.S. Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605,
Sacramento, CA 95825; telephone 916-414-6600; facsimile 916-414-6713.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

We intend that any final action resulting from this revised
proposed rule will be based on the best scientific data available and
will be as accurate and as effective as possible. We will accept
written comments and information during this reopened comment period on
our amended proposed designation of critical habitat for the Sonoma
County Distinct Population Segment (Sonoma DPS) of the California tiger
salamander that was published in the Federal Register on August 18,
2009 (74 FR 41662), our proposed revised designation (76 FR 2863;
January 18, 2011), our draft economic analysis (DEA) of the proposed
designation, and the amended required determinations provided in the
January 18, 2011, Federal Register (76 FR 2863) document. We will
consider information and recommendations from all interested parties.
We are particularly interested in comments concerning the addition of
the area previously not identified as meeting the criteria for critical
habitat, but which now is being proposed as critical habitat. The
additional area is located along Roblar Road west of the City of Cotati
and State Route 116.
If you submitted comments or information on the proposed rule or
revised proposed rule (74 FR 41662; August 18, 2009, or 76 FR 2863;
January 18, 2011) during any of the previous comment periods, please do
not resubmit them. These comments are included in the public record for
this rulemaking, and we will fully consider them in the preparation of
our final determination. You may submit your comments and materials
concerning this revised proposed rule, the DEA associated with the
revised proposed critical habitat designation, and the amended required
determinations by one of the methods listed in ADDRESSES.
If you submit a comment via http://www.regulations.gov, your entire
submission--including any personal identifying information--will be
posted on the website. If your submission is made via a hard copy that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hard copy comments on http://www.regulations.gov. Please
include sufficient information with your comments to allow us to verify
any scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation used to prepare this notice, will be available for public
inspection at http://www.regulations.gov, or by appointment, during
normal business hours, at the U.S. Fish and Wildlife Service (Service),
Sacramento Fish and Wildlife Office (see the FOR FURTHER INFORMATION
CONTACT). You may obtain copies of the proposed designation of critical
habitat (74 FR 41662) and the DEA on the Internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2009-0044, or by mail from
the Sacramento Fish and Wildlife Office (see the FOR FURTHER
INFORMATION CONTACT).

Background

It is our intent to discuss only those topics directly relevant to
the designation of critical habitat in this revised proposed rule.
Additional background information can be found in the previously
proposed revised critical habitat notice (76 FR 2863; January 18,
2011). Based on peer review information, we now propose a revision to
the proposed critical habitat unit for the Sonoma County DPS of the
California tiger salamander; accordingly, approximately 55,800 acres
(ac) (22,580 hectares (ha)) in Sonoma County, California, meet the
definition of critical habitat. The proposed revision adds
approximately 4,945 ac (2,001 ha) to the proposed designation.

Revisions to Proposed Critical Habitat

In this notice, we are revising the proposed unit (Santa Rosa Plain
Unit), as described in the January 18, 2011 (76 FR 2863), proposed rule
based on peer review and other information submitted in the previous
public comment period. The information noted that there are three known
breeding sites for the Sonoma County DPS of the California tiger
salamander in the Roblar Road area. The peer reviewer stated that
aerial photographs were reviewed and reconnaissance visits to the area
were performed. The peer reviewer commented that the Roblar Road area
likely consists of a California tiger salamander metapopulation with
multiple known breeding sites. The peer reviewer recommended that we
include the area within a minimum of 1.3 miles (mi) (2 kilometers (km))
from each of the three Roblar breeding sites as critical habitat. The
1.3-mi (2-km) distance is based on observations of California tiger
salamanders from the nearest breeding ponds (Sweet 1998).
The Roblar Road area contains the physical and biological features
essential to the conservation of the species, and these features may
require special management considerations or

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protection. These features include: ponded fresh water habitat
inundated during the appropriate timeframe and for the appropriate
duration; upland habitats adjacent and accessible to and from ponds
that contain underground refugia; and upland dispersal habitat between
occupied locations that allow for movement between ponded or upland
sites. Based on life history, dispersal capabilities, and habitat use
by the species, we consider this additional area to have been occupied
by the species at the time of listing. However, even if this additional
breeding area was not occupied at the time of listing, we consider the
Roblar Road area essential for the conservation of the species, based
on the species' limited distribution within fragmented habitat within
the Santa Rosa Plain area.
The proposed addition totals approximately 4,945 ac (2,001 ha).
Table 1 below shows the approximate area and landownership within the
unit. We are revising the final economic analysis (FEA) to include this
additional area in the analysis, utilizing the same methodology to
estimate economic impacts employed in the DEA. The FEA will contain an
addendum explaining these anticipated economic costs and impacts.

Table 1--Proposed Critical Habitat
[Area estimates reflect all land within the critical habitat unit
boundary]
------------------------------------------------------------------------
Santa Rosa Plain Unit
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Size of area in
Land ownership by type acres (hectares)
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Federal.............................................. 0 (0)
State................................................ 984 (398)
City................................................. 805 (326)
County............................................... 633 (256)
Tribal............................................... 264 (107)
Private.............................................. 53,114 (21,494)
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Total............................................ 55,800 (22,580)
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Note: Area sizes may not sum due to rounding.

In summary, the purpose of this revision to the proposed critical
habitat is to better delineate the areas that contain the physical or
biological features essential to the conservation of the species and
that meet the definition of critical habitat for the California tiger
salamander in Sonoma County. This revision is based on recent
documentation of adult California tiger salamanders and known breeding
ponds in the vicinity of Roblar Road.

Author(s)

The primary authors of this notice are the staff members of the
Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 74 FR 41662, August 18, 2009, as follows:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Critical habitat for the California tiger salamander (Ambystoma
californiense) in Sonoma County at Sec. 17.95(d) is proposed to be
amended by revising the heading, paragraph (53)(i), and paragraph (56)
to read as follows:

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *
(d) Amphibians.
* * * * *

California Tiger Salamander (Ambystoma californiense)
* * * * *

California Tiger Salamander (Ambystoma californiense) in Sonoma County
* * * * *
(53) * * *
(i) Standing bodies of fresh water (including natural and manmade
(e.g., stock) ponds, vernal pools, and other ephemeral or permanent
water bodies) that typically support inundation during winter and early
spring and hold water for a minimum of 12 consecutive weeks in a year
of average rainfall.
* * * * *
(56) Santa Rosa Plain Unit, Sonoma County, California.
(i) [Reserved for textual description of the Santa Rosa Plain Unit,
Sonoma County, California.]
(ii) Note: Map of Santa Rosa Plain Unit, Sonoma County, California,
follows:
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[GRAPHIC] [TIFF OMITTED] TP21JN11.031

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Dated: June 13, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-15403 Filed 6-20-11; 8:45 am]
BILLING CODE 4310-55-C