[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Proposed Rules]
[Pages 9683-9684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3345]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH61


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period and Notice of Availability of the Draft Economic 
Analysis for Proposed Critical Habitat for the Bay Checkerspot 
Butterfly

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period and notice of 
availability of draft economic analysis.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of the draft economic analysis for the proposed 
designation of critical habitat for the bay checkerspot butterfly 
(Euphydryas editha bayensis). We are also providing notice of the 
reopening of the comment period for the proposal to designate critical 
habitat for the bay checkerspot butterfly to allow all interested 
parties to comment simultaneously on the proposed rule and the 
associated draft economic analysis. Comments previously submitted need 
not be resubmitted as they will be incorporated into the public record 
as part of this reopened comment period and will be fully considered in 
the final rule.

DATES: We will accept public comments until March 12, 2001. In 
addition, we are planning on holding one public information meeting 
during this time. Refer to the Public Information Meeting section for 
the date, time, and location of this meeting.

ADDRESSES: Written comments and information should be submitted to 
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, 2800 Cottage Way, Suite W-2605, Sacramento, 
California 95825. For electronic mail address and further instructions 
on commenting, refer to Public Comments Solicited section of this 
notice.

FOR FURTHER INFORMATION CONTACT: For general information, contact David 
Wright, Stephanie Brady or Patricia Foulk, at the above address 
(telephone 916/414-6600; facsimile 916/414-6710).

SUPPLEMENTARY INFORMATION:

Background

    The bay checkerspot butterfly (Euphydryas editha bayensis) is a 
medium-sized butterfly with a wing span of about 5 centimeters (2 
inches).

[[Page 9684]]

The forewings have black bands along all the veins on the upper wing 
surface, contrasting sharply with bright red, yellow and white spots. 
The species occurs in San Francisco Bay area counties, notably the 
counties of San Mateo and Santa Clara. For a detailed description of 
this species, see the Recovery Plan for Serpentine Soil Species of the 
San Francisco Bay Area (FWS 1998) and references within that plan.
    Pursuant to the Endangered Species Act of 1973, as amended (Act), 
the bay checkerspot butterfly was listed as a threatened species on 
September 18, 1987 (52 FR 35366). Residential and commercial 
development, invasive non-native plants, and air pollution threaten the 
bay checkerspot butterfly.
    On June 30, 1999, the Center for Biological Diversity, filed a 
complaint against us challenging our critical habitat findings for 
seven species, including the bay checkerspot. On August 30, 2000, the 
United States District Court for the Northern District of California 
(Southwest Center for Biological Diversity v. Bruce Babbit. et al., CIV 
99-3202) ruled on several of the species involved, including the bay 
checkerspot. The court ordered us to propose critical habitat within 60 
days of the ruling and to finalize the designation within 120 days of 
the proposed designation. A subsequent settlement agreement with the 
Center for Biological Diversity extended the date for the final rule to 
April 20, 2001.
    On October 16, 2000, we published in the Federal Register (65 FR 
61218) a proposed rule to designate critical habitat for the bay 
checkerspot butterfly. The original comment period closed on December 
15, 2000.
    We have proposed to designate 15 critical habitat areas totaling 
approximately 10,600 hectares (ha) (26,180 acres(ac)) in Santa Clara 
and San Mateo counties of California. The areas range in size from 179 
ha (443 ac) to approximately 2,855 ha (7,055 ac).
    Critical habitat receives protection from destruction or adverse 
modification through required consultation under section 7 of the Act 
(16 U.S.C. 1531 et seq.) with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 4(b)(2) of the Act requires 
that the Secretary shall designate or revise critical habitat based 
upon the best scientific and commercial data available, and may exclude 
areas from designation after taking into consideration the economic 
impact of specifying any particular area as critical habitat. Based 
upon the previously published proposal to designate critical habitat 
for the bay checkerspot butterfly, and comments received during the 
previous comment periods, we have prepared a draft economic analysis of 
the proposed critical habitat designation. The draft economic analysis 
is available at the Internet and mailing addresses in the Public 
Comments Solicited section below.

Public Comments Solicited

    We will accept written comments and information during this re-
opened comment period. If you wish to comment, you may submit your 
comments and materials concerning this proposal by any of several 
methods:
    (1) You may submit written comments and information to the Field 
Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2800 Cottage Way, Suite W-2605, Sacramento, California 95825.
    (2) You may send comments by electronic mail (e-mail) to: 
[email protected]. If you submit comments by e-mail, please 
submit them as an ASCII file and avoid the use of special characters 
and any form of encryption. Please also include ``Attn: RIN 1018-
AH61''' and your name and return address in your e-mail message. If you 
do not receive a confirmation from the system that we have received 
your e-mail message, contact us directly by calling our Sacramento Fish 
and Wildlife Office at telephone number 919/414-6600.
    (3) You may hand-deliver comments to our Sacramento Fish and 
Wildlife Office at the address given above or at the public information 
meeting (see Public Information Meeting section below).
    Comments and materials received, as well as supporting 
documentation used in preparation of the proposal to designate critical 
habitat, will be available for inspection, by appointment, during 
normal business hours at the address under (1) above. Copies of the 
draft economic analysis are available on the Internet at 
``www.r1.fws.gov'' or by writing to the Field Supervisor at the address 
under (1) above.

Public Information Meeting

    We have scheduled one public information meeting. This meeting will 
be held on February 22, 2001, from 1:00 to 4:00 p.m., at the Hyatt 
Sainte Claire, 302 South Market Street, San Jose, California. You may 
hand-deliver written comments at this meeting.

Author(s)

    The primary authors of this notice are Stephanie Brady (see 
ADDRESSES section), and Christine Mullen, U.S. Fish and Wildlife 
Service, Regional Office, 911 N.E. 11th Avenue, Portland, Oregon 97232.

Authority

    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    Dated: February 5, 2001.
Elizabeth H. Stevens,
Acting Manager, California/Nevada Operations Office, Region 1, U.S. 
Fish and Wildlife Service.
[FR Doc. 01-3345 Filed 2-8-01; 8:45 am]
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