[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Proposed Rules]
[Pages 6871-6874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02415]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0010: 4500030114]
RIN 1018-AZ42
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Spring Pygmy Sunfish
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 our October 2, 2012, proposed
designation of critical habitat for the spring pygmy sunfish (Elassoma
alabamae) under the Endangered Species Act of 1973, as amended (Act).
In accordance with section 4(b)(2) of the Act, we are considering
excluding from the final designation of critical habitat lands covered
by three candidate conservation agreements with assurances (CCAAs),
based on the conservation benefit these agreements provide the species,
the positive relationship we have with these landowners, and the
potential that this action would provide an incentive for the
establishment of additional CCAAs in the future. This comment period
will allow all interested parties an opportunity to comment on the
benefits of the exclusion or inclusion of lands covered by these
existing CCAAs, particularly those lands under two recently established
CCAAs. We will also accept comments on any other aspect of the proposed
critical habitat rule. 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 or postmarked on or before
March 7, 2014. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section, below) must be received by
11:59 p.m. Eastern Time on the closing date.
ADDRESSES: Document availability: You may obtain copies of the October
2, 2012, proposed rule and the April 29, 2013, publication on the
Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2013-
0010. Copies of established CCAAs within proposed critical habitat can
be found at http://www.fws.gov/mississippiES/. Documents may also be
obtained by mail from the Mississippi Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Written comments: You may submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2013-0010,
which is the docket number for the critical habitat portion of the
proposed rulemaking. You may submit a comment by clicking on ``Comment
Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2013-0010; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. 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 details).
FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor,
Mississippi Ecological Services Field Office, 6578 Dogwood View
Parkway, Jackson, MS 39213; by telephone (601-321-1122); or by
facsimile (601-965-4340). If you use a telecommunications device for
the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
[[Page 6872]]
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed designation of critical habitat
for the spring pygmy sunfish that was published in the Federal Register
on October 2, 2012 (77 FR 60180), and the revision to the proposed
boundaries of Unit 1 described in our April 29, 2013, publication (78
FR 25033). We will consider information and recommendations we receive
from all interested parties. We intend that any final action resulting
from this proposal will be based on the best scientific and commercial
data available and be as accurate and as effective as possible.
We request comments or information from the public or from any
interested party on any aspect of the proposed designation of critical
habitat. However, 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 (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) Information on whether the benefits of the exclusion of lands
covered by existing CCAAs (Belle Mina Farms Ltd., McDonald Farm, Horton
Farm), or any other particular area, outweigh the benefits of inclusion
under section 4(b)(2) of the Act.
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
If you submitted comments or information on the proposed rule (77
FR 60180) during the initial comment period from October 2, 2012, to
December 3, 2012, or during the second comment period from April 29,
2013, to May 29, 2013 (78 FR 25033), please do not resubmit them. We
have incorporated them into the public record as part of the previous
two comment periods, and we will fully consider them in the preparation
of our final determination.
You may submit your comments and materials concerning the proposed
critical habitat 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
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 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, are available for
public inspection on http://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0010, or by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Mississippi Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Background
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat for the spring pygmy sunfish in
this document. For more information on previous Federal actions
concerning the spring pygmy sunfish, or information regarding its
biology, status, distribution, and habitat, refer to the proposed rule
published in the Federal Register on October 2, 2012 (77 FR 60180), and
the April 29, 2013, publication reopening the comment period and
announcing the availability of a draft economic analysis (78 FR 25033),
both of which are available online at http://www.regulations.gov at
Docket No. FWS-R4-ES-2013-0010 or by mail from the Mississippi
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
In our October 2, 2012, proposed rule (77 FR 60180), we proposed to
list the spring pygmy sunfish as threatened and to designate two
critical habitat units, totaling approximately 8 stream miles (mi)
(12.9 kilometers (km)) and 1,617 acres (ac) (654.4 hectares (ha))
spring system habitat and adjacent upland buffer in Limestone County,
Alabama. On April 29, 2013 (78 FR 25033), we re-opened the comment
period on our proposal for 30 days to allow public comment on the
amended required determinations section of the proposal, the draft
economic analysis, and a proposed size reduction in critical habitat
based on information we received during the original public comment
period. Specifically, we proposed to reduce the size of Unit 1 by 67.6
ac (27.6 ha), resulting in a revised proposed critical habitat
designation totaling approximately 8 stream mi (12.9 km) and 1,549.4 ac
(627.02 ha). In that document, we also announced that we would prepare
separate final rules for the proposed listing and the proposed critical
habitat designation. On October 2, 2013, we published a final rule
designating the spring pygmy sunfish as a threatened species under the
Act (78 FR 60766).
Candidate Conservation Agreements With Assurances (CCAAs)
We have worked with key landowners over the years on the
conservation of this species and its habitat on their lands. In June
2012, we entered into a CCAA with Belle Mina Farms Ltd. The CCAA
provides conservation benefits to the sunfish in 24 percent of the
habitat occupied by the species. On October 1, 2013, we published a
notice of availability in the Federal Register (78 FR 60307) and
requested comments on issuance of enhancement of survival permits and
associated CCAAs for the spring pygmy sunfish for two additional
landowners: Mr. Albert C. McDonald of Greenbriar Enterprises LLC
(applicant McDonald Farm) and Ms. Katherine H. Garrett of Greenbrier
Enterprises LLC (applicant Horton Farm). In November 2013, following
the close of the comment period on October 31, 2013, and after review
by the Service of all comments, the Service and the landowners signed
the CCAAs. Conservation measures set forth in these CCAAs are similar
to those in the Belle Mina Farms Ltd. CCAA and provide protection for
19 percent of the species' habitat within the middle reach of the
Beaverdam Spring/Creek system. Specific information on the contents of
the McDonald and Horton Farms CCAAs can be found in our October 1, 2013
(78 FR 60307), notice of availability and at http://www.fws.gov/mississippiES/.
In our October 2, 2012, proposed rule, we presented information on
the Belle Mina Farms Ltd. CCAA, and specifically requested comments on
the benefits of including or excluding these lands from critical
habitat designation. Since the McDonald and Horton Farms CCAAs were
executed after the close of both earlier comment periods on the
proposed critical habitat designation, we are again reopening the
comment period to ensure that the public has an adequate opportunity to
review and comment on the benefits of including or excluding the lands
covered by the McDonald and Horton Farms CCAAs from the designation of
critical habitat for this species. As a reference, we have included a
map below showing the location of lands covered by all three CCAAs in
relation to the proposed
[[Page 6873]]
critical habitat boundaries for Unit 1. Except for the overlay with the
CCAA areas, the boundaries of Unit 1 shown in the map below are not
changed from what we proposed in the April 29, 2013, publication (78 FR
25033). We intend to issue a final critical habitat determination in
2014.
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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
[[Page 6874]]
with us on the effects of their proposed actions, under section 7(a)(2)
of the Act.
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
the spring pygmy sunfish, 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 exists, increased
habitat protection for this 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 are considering excluding all areas covered by the Belle Mina
Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on our
partnerships with the landowners and the conservation benefits that
these agreements afford the sunfish. However, the final decision on
whether to exclude any areas will be based on the best scientific and
commercial data available at the time of the final designation,
including information obtained during the comment periods and
information about the economic impact of designation.
Authors
The primary authors of this notice are the staff members of the
Mississippi Ecological Services Field Office and the Regional Office-
Ecological Services Program, Southeast Region, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: January 29, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-02415 Filed 2-4-14; 8:45 am]
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