[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Page 3241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1506]



[[Page 3241]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC33


Endangered and Threatened Wildlife and Plants; Notice of 
Availability of Regulatory Flexibility Analysis for the Designation of 
Critical Habitat for the Marbled Murrelet

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; document availability.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces 
availability of a Regulatory Flexibility Analysis examining the effects 
on small entities of the designation of critical habitat for the 
marbled murrelet. This is the Regulatory Flexibility Analysis for the 
final rule published on May 24, 1996 (61 FR 26251).

ADDRESSES: Requests for copies of the Regulatory Flexibility Analysis 
should be directed to the State Supervisor, U.S. Fish and Wildlife 
Service, 2600 S.E. 98th Avenue, Suite 100, Portland, OR 97266.

FOR FURTHER INFORMATION CONTACT: Russell D. Peterson, Oregon State 
Supervisor, at the above address, telephone (503) 231-6179.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 1994, the Service published a proposed rule for the 
designation of critical habitat for the marbled murrelet (59 FR 3811). 
The Service significantly amended its proposed critical habitat 
designation and published a supplemental proposed rule on August 10, 
1995 (60 FR 40892). Based on the Service's interpretation of Public Law 
104-6 as prohibiting the expenditure of funds for making a final 
determination of critical habitat, the record was closed and the 
comments archived at the end of the public comment period. On February 
29, 1996, a Federal Judge ordered the Service to complete the final 
designation by May 15, 1996. The final rule was published on May 24, 
1996 (61 FR 26251).
    Section 3(5) of the Endangered Species Act defines critical habitat 
as those specific areas which contain physical or biological features 
essential to the conservation of the species and which may require 
special management considerations or protection (16 U.S.C. 1532(5)). 
Designations of critical habitat are made upon the basis of the ``best 
scientific data available'' after taking into account the economic and 
other relevant impacts of specifying any area as critical habitat (16 
U.S.C. 1533(b)(2)). The final critical habitat for the marbled murrelet 
identified 32 critical habitat units encompassing approximately 
1,582,600 hectares (3,907,660 acres) of Federal and non-Federal lands.
    When the final rule was published, the Department of the Interior 
found that timely compliance with the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) was impracticable in light of the emergency 
situation resulting from the court order. Completion of a Regulatory 
Flexibility Analysis was deferred. The analysis has now been completed, 
and it concludes that the designation of critical habitat for the 
marbled murrelet will not have a significant impact on a substantial 
number of small entities. There is a limited effect on small entities 
from critical habitat designation on Federal lands or the issuance of 
Federal permits, and there is only a minor effect on regional timber 
supply from the application of Washington State Forest Practices tied 
to Federal critical habitat designation.

Authority

    Authority for this action is the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.).

    Dated: November 20, 1996.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-1506 Filed 1-21-97; 8:45 am]
BILLING CODE 4310-55-M