[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Proposed Rules]
[Pages 71300-71306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29780]
[[Page 71300]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2009-0083; MO 92210-0-0009]
RIN 1018-AV84
Endangered and Threatened Wildlife and Plants; Listing and
Designation of Critical Habitat for the Three Forks Springsnail and San
Bernardino Springsnail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period on the April 12, 2011, proposed
endangered status and designation of critical habitat for the Three
Forks springsnail (Pyrgulopsis trivialis) and the San Bernardino
springsnail (Pyrgulopsis bernardina) under the Endangered Species Act
of 1973, as amended (Act). We are proposing to revise the previously
proposed critical habitat for the Three Forks springsnail by increasing
the size of the Boneyard Bog Springs Unit to 5.3 acres (2.1 hectares),
and by adding an additional unit, the Boneyard Creek Springs Unit. In
total, we are proposing to designate as critical habitat 17.1 acres
(6.9 hectares) for the Three Forks springsnail. We also announce the
availability of a draft economic analysis (DEA) of the proposed
designation of critical habitat and an amended required determinations
section of the proposal. We are reopening the comment period to allow
all interested parties an opportunity to comment simultaneously on the
revised proposed rule, the associated DEA, and the amended required
determinations section. Comments previously submitted need not be
resubmitted, as they will be fully considered in preparation of the
final rule.
DATES: We will consider comments received on or before December 19,
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 written comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R2-ES-2009-0083, which
is the docket number for this rulemaking.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2009-0083; 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: Steve Spangle, Field Supervisor,
Arizona Ecological Services Field Office, 2321 West Royal Palm Road,
Suite 103, Phoenix, AZ 85021; telephone (602) 242-0210; facsimile (602)
242-2513. 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 will accept written comments and information during this
reopened comment period on our proposed listing and designation of
critical habitat for the Three Forks springsnail and San Bernardino
springsnail that published in the Federal Register on April 12, 2011
(76 FR 20464), revisions to the proposed critical habitat, our DEA of
the proposed designation, and the amended required determinations
provided in this document. We will consider information and
recommendations from all interested parties. We are particularly
interested in comments concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threat outweighs the benefit
of designation such that the designation of critical habitat is not
prudent.
(2) Specific information on:
(a) The distribution of the Three Forks springsnail and San
Bernardino springsnail;
(b) The amount and distribution of the species' habitat;
(c) What areas occupied by the species at the time of listing that
contain features essential for the conservation of the species we
should include in the designation and why; and
(d) What 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 relevant
impacts, that may result from 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
from the proposed designation that are subject to these impacts.
(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.
(6) Information on the extent to which the description of economic
impacts in the DEA is complete and accurate.
(7) The likelihood of adverse social reactions to the designation
of critical habitat and how the consequences of such reactions, if
likely to occur, would relate to the conservation and regulatory
benefits of the proposed critical habitat designation.
If you submitted comments or information on the proposed rule (76
FR 20464; April 12, 2011) during the initial comment period from April
12, 2011, to June 13, 2011, please do not resubmit them. We will
incorporate them into the public record as part of this comment period,
and we will fully consider them in the preparation of our final
determination. Our final determination concerning critical habitat will
take into consideration all written comments and any additional
information we receive during both comment periods. On the basis of
public comments, we may, during the development of our final
determination, find that areas proposed are not essential, are
appropriate for exclusion under section 4(b)(2) of the Act, or are not
appropriate for exclusion.
You may submit your comments and materials concerning the proposed
rule or DEA by one of the methods listed in the ADDRESSES section. We
will not consider comments sent by email or fax or to an address not
listed in the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you
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submit a hardcopy comment 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule and DEA, will be
available for public inspection on http://www.regulations.gov at Docket
No. FWS-R2-ES-2009-0083, or by appointment, during normal business
hours, at the U.S. Fish and Wildlife Service, Arizona Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT). You may
obtain copies of the proposed rule and the DEA on the Internet at
http://www.regulations.gov at Docket Number FWS-R2-ES-2009-0083, or by
mail from the Arizona Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Background
It is our intent to discuss only those topics directly relevant to
the proposed listing and designation of critical habitat for Three
Forks springsnail and San Bernardino springsnail in this document. For
more information on previous Federal actions concerning these species,
refer to the proposed designation of critical habitat published in the
Federal Register on April 12, 2011 (76 FR 20464), which is available
online at http://www.regulations.gov (at Docket Number FWS-R2-ES-2009-
0083) or from the Arizona Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Previous Federal Actions
On April 12, 2011 (76 FR 20464), we published a proposed rule to
list as endangered and designate critical habitat for the Three Forks
springsnail and San Bernardino springsnail. We proposed to designate
approximately 11.1 acres (ac) (4.5 hectares (ha)) in Arizona in two
units located in Apache County as critical habitat for Three Forks
springsnail and 2.013 ac (0.815 ha) in four units located in Cochise
County as critical habitat for San Bernardino springsnail. That
proposal had a 60-day comment period, ending June 13, 2011. We received
no requests for a public hearing, and, therefore, no public hearing
will take place.
Critical Habitat
Section 3 of the Act defines critical habitat as the specific areas
within the geographical area occupied by a species, at the time it is
listed in accordance with the Act, on which are found those physical or
biological features essential to the conservation of the species and
that may require special management considerations or protection, and
specific areas outside the geographical area occupied by a species at
the time it is listed, upon a determination that such areas are
essential for the conservation of the species. If the proposed rule is
made final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting critical habitat must consult with us on the effects of their
proposed actions, under section 7(a)(2) of the Act.
New Information and Changes From the Previously Proposed Critical
Habitat
In this document, we are notifying the public of changes to the
proposed critical habitat rule. In the April 12, 2011, proposed rule
(76 FR 20464), we mentioned that springsnails of the same genus as the
Three Forks springsnail were recently found in a spring along Boneyard
Creek between Three Forks Springs and Boneyard Bog Springs (Myers 2010,
p. 1), but additional analysis was needed for a definitive
determination of its taxonomy. Building on the field work of Myers
(2010), Myers (2011, p. 5) found additional populations of Pyrgulopsis
springsnails along Boneyard Creek. These additional populations are
located in the same watershed and in between the two previously known
locations, Three Forks Springs and Boneyard Bog Springs. The new
populations found in Boneyard Creek are less than 1 mile (mi) (1.6
kilometer (km)) downstream from Boneyard Bog Springs and less than 2 mi
(3.2 km) upstream of Three Forks Springs. Due to the proximity of these
new populations in relation to Three Forks Springs and Boneyard Bog
Springs, we believe that they are the same species. Two different
species of springsnails occurring together in the same area is very
rare (Liu et al. 2003, p. 2779). If there were different species of
springsnails occurring together in this watershed, we can reasonably
assume that other springsnail species would have been previously found
in either the Three Forks Springs or Boneyard Bog Springs. Based on
this information, we believe that the new populations of springsnails
found in Boneyard Creek are Three Forks springsnails species.
Also, since publication of the April 12, 2011, proposed rule (76 FR
20464), we have new information regarding the taxonomy of springsnails
in Sonora, Mexico. We mentioned in the proposed rule that a springsnail
belonging to the same family as the San Bernardino springsnail occurs
in two cienegas, or spring ecosystems, in Sonora, Mexico, about 0.25
miles (mi) (0.4 kilometers (km)) south of the San Bernardino National
Wildlife Refuge, but additional research was needed to verify if they
were the same species as San Bernardino springsnails. Since publication
of the proposed rule, we have new information that verifies
springsnails in the two cienegas (spring ecosystems in the desert
Southwest) in Sonora, Mexico, are San Bernardino springsnails (Varela
Romero and Myers 2010, p. 10). However, we will not designate critical
habitat for the species in either of those cienegas, because we do not
designate critical habitat outside the United States. As such, there
are no changes to critical habitat as proposed on April 12, 2011, for
the San Bernardino springsnail.
We are proposing to revise our proposed critical habitat
designation for the Three Forks springsnail by increasing the size of
the Boneyard Bog Springs Unit from 5.0 ac (2.0 ha) to 5.3 ac (2.1 ha)
to capture an additional springhead that was discovered since the
publication of the proposed rule. In addition, we are proposing a new
unit, Boneyard Springs Creek Unit, which is approximately 5.8 ac (2.3
ha) in size, to encompass the newly discovered populations of Three
Forks springsnails described above. In total, we are proposing to
designate as critical habitat 17.1 ac (6.9 ha) for the Three Forks
springsnail. For a full description of the previously proposed units
for this species, please see the proposed critical habitat rule (76 FR
20464; April 12, 2011).
In the proposed listing and designation of critical habitat rule
(76 FR 20464; April 12, 2011), we identified specific sites that were
currently occupied by Three Forks and San Bernardino springsnails,
which contained the physical and biological features that are essential
to the conservation of the species, and which may require special
management considerations or protection. Subsequent to the publication
of the proposed listing and critical habitat rule, we discovered new
populations of Three Forks springsnails in areas that contain the
essential physical and biological features. Therefore, the purpose of
this proposed revision to the proposed critical habitat is to include
these new areas that are currently occupied by Three Forks springsnail,
contain the physical or biological features essential to the
conservation of
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the species, and meet the definition of critical habitat. We believe
the additional unit included in the proposed designation would provide
for the conservation of Three Forks springsnail by:
(1) Maintaining the physical and biological features essential to
the conservation of the species where the species is known to occur,
and
(2) Maintaining the current distribution, thus preserving genetic
variation throughout the range of the species and minimizing the
potential effects of local extirpation.
Proposed Critical Habitat Designation
We are proposing to revise the previously proposed critical habitat
for the Three Forks springsnail by increasing the size of the Boneyard
Bog Springs Unit, and by adding an additional unit, the Boneyard Creek
Springs Unit. The proposed critical habitat units constitute our
current and best assessment of the areas that meet the definition of
critical habitat for the species. Proposed critical habitat for the
Three Forks Spring Unit for the Three Forks springsnail, and all
previously proposed units for the San Bernardino springsnail, are
unchanged from our descriptions in the April 12, 2011, proposed rule
(76 FR 20464), and are not repeated in this document. We present below
brief descriptions of the revised Boneyard Bog Springs Unit and the new
Boneyard Creek Springs Unit, and reasons why they meet the definition
of critical habitat for the Three Forks springsnail.
Boneyard Bog Springs Unit
The proposed Boneyard Bog Springs Unit is a complex of springs,
spring runs, spring seeps, and the segment of Boneyard Creek connecting
them, and a small amount of upland area encircling them to make them a
single unit of approximately 5.3 ac (2.1 ha), in the vicinity of UTM
Zone 12 coordinate 659970, 3750730, in Apache County, Arizona. The
entire unit is in Federal ownership and managed by the Apache-
Sitgreaves National Forests of the U.S. Forest Service. The unit
encompasses eight major springheads and spring runs, each of which
flows several yards (meters) to Boneyard Creek, a tributary of the
Black River. The spring complex contains spring seeps along the spring
runs and the tributary. We are proposing to designate a single critical
habitat unit that includes the springheads, spring runs, seeps, and
that portion of Boneyard Creek that connects the spring runs. Boneyard
Creek is occupied where spring seeps are present along it, and the
proposed unit provides for springsnail movement among the occupied
seeps, spring runs, and springs, and is essential for habitat
connectivity. The area within the proposed unit contains approximately
3.3 feet (ft) (1.0 meter (m)) in width of upland area adjacent to the
springheads, spring runs, spring seeps, and tributary segment. The
moist soils and vegetation in the adjacent uplands are essential to the
species because they produce food for the snails and protect the
substrate.
Threats to the Three Forks springsnail in this unit that may
require special management of the physical and biological features
include wildfire, fire retardant used to fight wildfires, elk grazing,
predation by nonnative crayfish, and potential competition from
nonnative snails. Also, human-caused changes to the adjacent uplands,
which may pose a threat to the aquatic habitats in this proposed unit,
can be managed through conservation efforts by Arizona Game and Fish
Department and through consultations between the U.S. Forest Service
and the U.S. Fish and Wildlife Service under section 7 of the Act. This
proposed unit contains all the primary constituent elements and
supports all of the Three Forks springsnail's life processes.
Boneyard Creek Springs Unit
The proposed Boneyard Creek Springs Unit is a complex of springs,
spring runs, spring seeps, and the segment of Boneyard Creek connecting
them, and a small amount of upland area encompassing them, in a single
unit of approximately 5.8 ac (2.3 ha), in the vicinity of UTM Zone 12
coordinate 658300, 3749790, in Apache County, Arizona. The entire unit
is in Federal ownership and managed by the Apache-Sitgreaves National
Forests of the U.S. Forest Service. The unit encompasses at least 11
major springheads and spring runs, which each flow a distance of
several yards (meters) to Boneyard Creek, a tributary of the Black
River. The spring complex contains spring seeps along the spring runs
and the tributary. We are proposing to designate a single critical
habitat unit that includes the springheads, spring runs, seeps, and
that portion of Boneyard Creek that connects the spring runs. Boneyard
Creek is occupied where there are spring seeps along it and provides
for springsnail movement among the occupied seeps, spring runs, and
springs, and is essential for habitat connectivity. The area within the
proposed unit contains approximately 3.3 ft (1.0 m) in width of upland
area adjacent to the springheads, spring runs, spring seeps, and
tributary segment. The moist soils and vegetation in the adjacent
uplands are essential to the species, because they produce food for the
snails and protect the substrate they use.
Threats to the Three Forks springsnail in this unit that may
require special management of the physical and biological features
include wildfire, fire retardant used to fight wildfires, elk grazing,
predation by nonnative crayfish, and potential competition from
nonnative snails. Also, human-caused changes to the adjacent uplands,
which might pose a threat to the aquatic habitats, can be managed
through conservation efforts by Arizona Game and Fish Department and
through consultations between U.S. Forest Service and U.S. Fish and
Wildlife Service under section 7 of the Act. This proposed unit
contains all the primary constituent elements and supports all of the
Three Forks springsnail's life processes.
Consideration of Impacts Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act requires that we designate or revise
critical habitat based upon the best scientific data available, after
taking into consideration the economic impact, impact on national
security, or any other relevant impact of specifying any particular
area as critical habitat. We may exclude an area from critical habitat
if we determine that the benefits of excluding the area outweigh the
benefits of including the area as critical habitat, provided such
exclusion will not result in the extinction of the species.
When considering the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive from the
protection from adverse modification or destruction as a result of
actions with a Federal nexus (activities conducted, funded, permitted,
or authorized by Federal agencies), the educational benefits of mapping
areas containing essential features that aid in the recovery of the
listed species, and any benefits that may result from designation due
to State or Federal laws that may apply to critical habitat.
When considering the benefits of exclusion, we consider, among
other things, whether exclusion of a specific area is likely to result
in conservation; the continuation, strengthening, or encouragement of
partnerships; or implementation of a management plan. In the case of
Three Forks springsnail and San Bernardino springsnail, the benefits of
critical habitat include public awareness of the presence of the
species and the importance of habitat protection, and, where a Federal
nexus
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exists, increased habitat protection for the species due to protection
from adverse modification or destruction of critical habitat. In
practice, situations with a Federal nexus exist primarily on Federal
lands or for projects undertaken by Federal agencies.
We have not proposed to exclude any areas from critical habitat.
However, the final decision on whether to exclude any areas will be
based on the best scientific data available at the time of the final
designation, including information obtained during the comment period
and information about the economic impact of designation. Accordingly,
we have prepared a draft economic analysis concerning the proposed
critical habitat designation (DEA), which is available for review and
comment (see ADDRESSES section).
Draft Economic Analysis
The purpose of the DEA is to identify and analyze the potential
economic impacts associated with the proposed critical habitat
designation for the Three Forks springsnail and San Bernardino
springsnail. The DEA describes the economic impacts of all potential
conservation efforts for the Three Forks springsnail and San Bernardino
springsnail; some of these costs will likely be incurred regardless of
whether we designate critical habitat. The economic impact of the
proposed critical habitat designation is analyzed by comparing
scenarios both ``with critical habitat'' and ``without critical
habitat.'' The ``without critical habitat'' scenario represents the
baseline for the analysis, considering protections already in place for
the species (e.g., under the Federal listing and other Federal, State,
and local regulations). The baseline, therefore, represents the costs
incurred regardless of whether critical habitat is designated. The
``with critical habitat'' scenario describes the incremental impacts
associated specifically with the designation of critical habitat for
the species. The incremental conservation efforts and associated
impacts are those not expected to occur absent the designation of
critical habitat for the species. In other words, the incremental costs
are those attributable solely to the designation of critical habitat,
above and beyond the baseline costs; these are the costs we may
consider in the final designation of critical habitat when evaluating
the benefits of excluding particular areas under section 4(b)(2) of the
Act. Thus, the analysis forecasts both baseline and incremental impacts
likely to occur if we finalize the proposed listing and critical
habitat designation. For a further description of the methodology of
the analysis, see Chapter 2, ``Framework for the Analysis,'' of the
DEA.
The DEA provides estimated costs of the foreseeable potential
economic impacts of the proposed critical habitat designation for the
Three Forks springsnail and San Bernardino springsnail over the next 12
years, which was determined to be the appropriate period for analysis
because limited planning information is available for most activities
to forecast activity levels for projects beyond a 12-year timeframe. It
identifies potential incremental costs as a result of the proposed
critical habitat designation; these are those costs attributed to
critical habitat over and above those baseline costs attributed to
listing. The DEA quantifies economic impacts of Three Forks springsnail
and San Bernardino springsnail conservation efforts associated with the
following categories of activity: (1) Pesticide use, (2) groundwater
pumping, (3) wildfire suppression, and (4) management of ungulate
grazing. Additionally, the DEA quantifies economic impacts of
additional administrative costs associated with the following
categories of activity: (1) Additional effort to address adverse
modification in a new consultation, and (2) incremental consultation
resulting entirely from critical habitat designation. Total
undiscounted costs are estimated at $70,700. The estimated costs are
limited to administrative impacts that are likely to result from the
designation of critical habitat.
As we stated earlier, we are soliciting data and comments from the
public on the DEA, as well as all aspects of the proposed rule and our
amended required determinations. We may revise the proposed rule or
supporting documents to incorporate or address information we receive
during the public comment period. In particular, we may exclude an area
from critical habitat if we determine that the benefits of excluding
the area outweigh the benefits of including the area, provided the
exclusion will not result in the extinction of this species.
Required Determinations--Amended
In our April 12, 2011, proposed rule (76 FR 20464), we indicated
that we would defer our determination of compliance with several
statutes and executive orders until the information concerning
potential economic impacts of the designation and potential effects on
landowners and stakeholders became available in the DEA. We have now
made use of the DEA data to make these determinations. In this
document, we affirm the information in our proposed rule concerning
Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
12630 (Takings), E.O. 13132 (Federalism), E.O. 12988 (Civil Justice
Reform), E.O. 13211 (Energy, Supply, Distribution, and Use), the
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), and the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951). However, based on
the DEA data, we are amending our required determination concerning the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, as amended by the Small
Business Regulatory Enforcement Fairness Act (5 U.S.C. 802(2)),
whenever an agency is required to publish a notice of rulemaking for
any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. Based on our DEA of the proposed
designation, we provide our preliminary regulatory flexibility
analysis. Based on comments we receive, we may revise this
determination as part of our final rule.
According to the Small Business Administration, small entities
include small organizations, such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that
[[Page 71304]]
might trigger regulatory impacts under this designation as well as
types of project modifications that may result. In general, the term
``significant economic impact'' is meant to apply to a typical small
business firm's business operations.
To determine if the proposed designation of critical habitat for
the Three Forks springsnail and San Bernardino springsnail would affect
a substantial number of small entities, we considered the number of
small entities affected within particular types of economic activities,
such as ranch operations. In order to determine whether it is
appropriate for our agency to certify that this proposed rule would not
have a significant economic impact on a substantial number of small
entities, we considered each industry or category individually. In
estimating the numbers of small entities potentially affected, we also
considered whether their activities have any Federal involvement.
Critical habitat designation will not affect activities that do not
have any Federal involvement; designation of critical habitat only
affects activities conducted, funded, permitted, or authorized by
Federal agencies. In areas where the springsnails are present, once the
species are listed, the Federal agencies are required to consult with
us under section 7 of the Act on activities they fund, permit, or
implement that may affect the species. If we finalize this proposed
critical habitat designation, consultations to avoid the destruction or
adverse modification of critical habitat would be incorporated into the
existing consultation process.
In the DEA, we evaluated the potential economic effects on small
entities resulting from implementation of conservation actions related
to the proposed designation of critical habitat for the Three Forks
springsnail and San Bernardino springsnail. Currently, livestock
grazing is excluding from all units so no cattle operators will be
impacted by the designation of critical habitat. The DEA does not
anticipate impacts to small entities as a result of this designation,
as all units are on State or federally owned land. Please refer to the
DEA of the proposed critical habitat designation for a more detailed
discussion of potential economic impacts.
In summary, we have considered whether the proposed designation
would result in a significant economic impact on a substantial number
of small entities. Information for this analysis was gathered from the
Small Business Administration, stakeholders, and the Service. For the
above reasons and based on currently available information, we certify
that, if promulgated, the proposed critical habitat designation would
not have a significant economic impact on small business entities.
Therefore, an initial regulatory flexibility analysis is not required.
References Cited
A complete list of all references cited in this proposed rule is
available on the Internet at http://www.regulations.gov or upon request
from the Field Supervisor, Arizona Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff members of the
Arizona Ecological Services Field Office, Southwest Region, U.S. Fish
and Wildlife Service.
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, which was
proposed to be amended at 76 FR 20464, April 12, 2011, 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. In Sec. 17.95(f), amend the proposed entry for ``Three Forks
Springsnail (Pyrgulopsis trivialis),'' which we proposed at 76 FR 20464
on April 12, 2011, by:
a. Revising proposed paragraph (f)(5);
b. Revising proposed paragraph (f)(7); and
c. Adding a new paragraph (f)(8), to read as set forth below.
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(f) Clams and Snails.
* * * * *
Three Forks Springsnail (Pyrgulopsis trivialis)
* * * * *
(5) Note: Index map of critical habitat for the Three Forks
springsnail follows:
BILLING CODE 4310-55-P
[[Page 71305]]
[GRAPHIC] [TIFF OMITTED] TP17NO11.002
BILLING CODE 4310-55-C
* * * * *
(7) Boneyard Bog Springs Unit (2.1 ha; 5.3 ac). The Boneyard Bog
Springs Unit consists of all areas within boundary points with the
following coordinates in UTM Zone 12 with the units in meters using
North American Datum of 1983 (NAD 83): 659968, 3750753; 659990,
3750731; 660021, 3750713; 660060, 3750717; 660070, 3750742; 660176,
3750787; 660190, 3750781; 660199, 3750758; 660208, 3750744; 660159,
3750685; 660125, 3750680; 660088, 3750684; 660081, 3750690; 660072,
3750691; 660072, 3750676; 660076, 3750675; 660076, 3750664; 660069,
3750664; 660067, 3750663; 660060, 3750654; 660052, 3750648; 660034,
3750649; 660029, 3750654; 660027, 3750663; 660008, 3750659; 659997,
3750649; 659997, 3750639; 659988, 3750639; 659982, 3750641; 659958,
3750660; 659954, 3750671; 659945, 3750675; 659942, 3750688; 659933,
3750685; 659904, 3750662; 659889, 3750669; 659885, 3750687; 659902,
3750702; 659919, 3750712; Thence returning to 659968, 3750753.
(8) Boneyard Creek Springs Unit (2.3 ha; 5.8 ac). The Boneyard
Creek Springs Unit consists of all areas within boundary points with
the following coordinates in UTM Zone 12 with the units in meters using
North American Datum of 1983 (NAD 83): 658758,
[[Page 71306]]
3750008; 658765, 3749996; 658763, 3749984; 658732, 3749975; 658714,
3749981; 658698, 3749968; 658661, 3749971; 658655, 3749981; 658655,
3749998; 658642, 3750000; 658638, 3750024; 658623, 3750034; 658606,
3750036; 658580, 3750029; 658568, 3750020; 658553, 3750013; 658537,
3750005; 658519, 3749993; 658507, 3749985; 658492, 3749992; 658479,
3749976; 658469, 3749960; 658467, 3749945; 658460, 3749935; 658452,
3749913; 658405, 3749863; 658371, 3749841; 658343, 3749805; 658312,
3749789; 658273, 3749741; 658272, 3749733; 658268, 3749725; 658261,
3749722; 658254, 3749720; 658242, 3749699; 658211, 3749682; 658184,
3749655; 658140, 3749634; 658119, 3749610; 658074, 3749624; 658024,
3749603; 657999, 3749549; 657932, 3749492; 657916, 3749492; 657904,
3749509; 657912, 3749527; 657933, 3749545; 657982, 3749559; 658020,
3749623; 658072, 3749642; 658111, 3749632; 658129, 3749649; 658174,
3749667; 658201, 3749691; 658223, 3749705; 658246, 3749743; 658311,
3749811; 658336, 3749826; 658403, 3749893; 658410, 3749904; 658420,
3749908; 658434, 3749917; 658447, 3749962; 658473, 3749991; 658493,
3750013; 658509, 3750003; 658523, 3750019; 658528, 3750030; 658538,
3750043; 658564, 3750055; 658584, 3750053; 658598, 3750061; 658616,
3750068; 658657, 3750052; 658658, 3750032; 658656, 3750020; 658667,
3750002; 658666, 3749982; 658692, 3749984; 658712, 3749994; 658730,
3749994; Thence returning to 658758, 3750008.
* * * * *
Dated: November 8, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-29780 Filed 11-16-11; 8:45 am]
BILLING CODE 4310-55-P