[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 39807-39808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16748]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2010-0071; MO 92210-0-0009]
RIN 1018-AX16
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Lepidium papilliferum (Slickspot Peppergrass)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
extension of the comment period on the proposed designation of critical
habitat for Lepidium papilliferum (slickspot peppergrass). In total, we
are proposing to designate 23,374 hectares (57,756 acres) as critical
habitat for L. papilliferum in Ada, Elmore, Payette, and Owyhee
Counties in Idaho. We are extending the public comment period an
additional 60 days beyond the current scheduled closing date of July
11, 2011. If you have previously submitted comments, you do not need to
resubmit them since we have incorporated them into the public record
and will fully consider them in preparation of the final rule.
DATES: Written Comments: We will accept comments received or postmarked
on or before September 9, 2011. Please note that if you are using the
Federal eRulemaking Portal (see ADDRESSES section, below) the deadline
for submitting an electronic comment is 11:59 p.m. Eastern Standard
Time on this date. Any comments that we receive after the closing date
may not be fully 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. In
the box that reads ``Enter Keyword or ID,'' enter the docket number for
this proposed rule, which is FWS-R1-ES-2010-0071 and then click the
Search button. You should then see an icon that reads ``Submit a
Comment.'' Please ensure that you have found the correct rulemaking
before submitting your comment.
U.S. mail or hand-delivery: Public Comments
Processing, Attn: FWS-R1-ES-2010-0071; 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).
Information regarding this notice is available in alternative formats
upon request.
FOR FURTHER INFORMATION CONTACT: Brian T. Kelly, State Supervisor, U.S.
Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 South
Vinnell Way, Room 368, Boise, ID 83709; telephone 208-378-5243;
facsimile 208-378-5262. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background
Under the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et
seq.), as amended, we listed Lepidium papilliferum as a threatened
species on October 8, 2009 (74 FR 52014). On May 10, 2011, we published
the proposed designation of critical habitat for L. papilliferum (76 FR
27184). All details of the proposed critical habitat designation are
provided in our May 10, 2011, proposed rule, available online at http://www.regulations.gov, or by contacting the Idaho Fish and Wildlife
Office (see FOR FURTHER INFORMATION CONTACT). We are seeking data and
comments from the public on all aspects of the proposed critical
habitat designation for L. papilliferum.
On June 1, 2011, we received a request from the Governor of Idaho
seeking a 60-day extension of the comment period so that the State of
Idaho may coordinate comments between the State agencies that may be
affected by critical habitat, and to allow adequate time for citizens
to provide input on the proposed critical habitat designation. This
notice announces the 60-day extension as requested.
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned government
agencies, the scientific community, industry, or other interested
parties concerning this proposed rule. We will consider information and
recommendations from all interested parties. We particularly seek
comments concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act, including whether
there are threats to Lepidium papilliferum from human activity, the
degree to which threats from human activity can be expected to increase
due to the designation, and whether that increase in threats outweighs
the benefit of designation such that the designation of critical
habitat may not be prudent.
(2) Specific information on:
The amount and distribution of Lepidium papilliferum
habitat;
What areas occupied at the time of listing and that
contain features essential to the conservation of Lepidium papilliferum
should be included in the designation and why;
[[Page 39808]]
The habitat components (primary constituent elements)
essential to the conservation of the species, such as specific soil
characteristics, plant associations, or pollinators, and the quantity
and spatial arrangement of these features on the landscape needed to
provide for the conservation of the species;
What areas not occupied at the time of listing are
essential for the conservation of the species, if any, and why; and
Special management considerations or protections that the
features essential to the conservation of Lepidium papilliferum may
require, including managing for the potential effects of climate
change.
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(4) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation. We are particularly interested in any impacts on small
entities, and the benefits of including or excluding areas that are
subject to these impacts.
(5) Whether the benefits of excluding any particular area from
critical habitat outweigh the benefits of including that area in
critical habitat under section 4(b)(2) of the Act, after considering
both the potential impacts and benefits of the proposed critical
habitat designation. Under section 4(b)(2) of the Act, we may exclude
an area from critical habitat if we determine that the benefits of such
exclusion outweigh the benefits of including that particular area as
critical habitat, unless failure to designate that specific area as
critical habitat will result in the extinction of the species. We are
considering the possible exclusion of areas under private ownership, in
particular, as we anticipate the benefits of exclusion may outweigh the
benefits of inclusion in those areas. We, therefore, request specific
information on:
The benefits of including any specific areas in the final
designation and supporting rationale;
The benefits of excluding any specific areas from the
final designation and supporting rationale; and
Whether any specific exclusions may result in the
extinction of the species and why.
(6) The use of Public Land Survey System quarter-quarter sections
to delineate the proposed critical habitat designation; we used
quarter-quarter sections in this proposed rule because they are the
most commonly used minimum size and method for delineating land
ownership boundaries within the range of Lepidium papilliferum.
(7) Information on the projected and reasonably likely impacts of
climate change on Lepidium papilliferum and on the critical habitat
areas we are proposing.
(8) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comment.
Our final determination concerning critical habitat for Lepidium
papilliferum will take into consideration all written comments we
receive during the comment period, including comments from peer
reviewers, comments we receive during any public hearing should one be
requested, and any additional information we receive during the
extended comment period. All comments will be included in the public
record for this rulemaking. On the basis of peer reviewer and public
comments, we may, during the development of our final determination,
find that areas within the proposed designation do not meet the
definition of critical habitat, that some modifications to the
described boundaries are appropriate, or that areas may or may not be
appropriate for exclusion under section 4(b)(2) of the Act.
You may submit your comments and materials concerning our proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section.
If you submit a comment via http://www.regulations.gov, your entire
submission--including any personal identifying information--will be
posted on the Web site. If your submission is made via a hardcopy that
includes personal identifying information, you may request at the top
of your document that we withhold this personal identifying information
from public review. However, we cannot guarantee that we will be able
to do so. We will post all hardcopy submissions 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 we used in preparing the proposed rule, will be available
for public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
We will take into consideration all comments and any additional
information we received during this extended comment period on the
proposed rule during the preparation of a final rulemaking.
Accordingly, the final decision may differ from the proposal.
Authors
The primary authors of this notice are the staff members of the
Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 24, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-16748 Filed 7-6-11; 8:45 am]
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