[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Proposed Rules]
[Pages 9806-9808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2270]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG38


Endangered and Threatened Wildlife and Plants; Reopening of 
Public Comment Period and Notice of Availability of Draft Economic 
Analysis for Proposed Critical Habitat Determination for the Spruce-Fir 
Moss Spider

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of reopening of public comment period and 
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 spruce-fir moss spider 
(Microhexura montivaga). We also provide notice that the public comment 
period for the proposal is reopened to allow all interested parties to 
submit written comments on the proposal and the draft economic 
analysis. Comments previously submitted during the comment period need 
not be resubmitted as they will be incorporated into the public record 
and

[[Page 9807]]

will be fully considered in the final determination on the proposal.

DATES: The original comment period closed on December 5, 2000. The 
comment period is hereby reopened until April 13, 2001. We must receive 
comments from all interested parties by the closing date. Any comments 
that we receive after the closing date will not be considered in the 
final decision on this proposal.

ADDRESSES: Copies of the draft economic analysis are available on the 
Internet at http://southeast.fws.gov/hotissues/hot_index.html or by 
writing to or calling the State Supervisor, Asheville Field Office, 
U.S. Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North 
Carolina 28801; telephone 828/258-3939.
    If you wish to comment, you may submit your comments by any one of 
several methods:
    1. You may submit written comments and information to the State 
Supervisor, Asheville Field Office, U.S. Fish and Wildlife Service, 160 
Zillicoa Street, Asheville, North Carolina 28801.
    2. You may hand-deliver written comments to our Asheville Field 
Office, at the above address or fax your comments to 828/258-5330.
    3. You may send comments by electronic mail (e-mail) to 
[email protected]. For directions on how to submit electronic 
filing of comments, see the ``Public Comments Solicited'' section.
    Comments and materials received, as well as supporting 
documentation used in preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: John A. Fridell, Fish and Wildlife 
Biologist (see ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

    The spruce-fir moss spider is the smallest of the mygalomorph 
spiders, with adults measuring only 2.5 to 3.8 millimeters (0.10 to 
0.15 inch) in length (Coyle 1981, Service 1995). The species' 
coloration ranges from light brown to a darker reddish brown, and there 
are no markings on the abdomen (Harp 1992). Microhexura montivaga is 
known from only the highest mountain peaks (at and above 1,646 m (5,400 
ft) in elevation) in the Southern Appalachian Mountains of North 
Carolina and Tennessee.
    Recent and ongoing surveys funded by the National Park Service, 
U.S. Forest Service, and us indicate that reproducing populations of 
the spruce-fir moss spider still survive on Grandfather Mountain in 
North Carolina (Harp 1992; pers. observation 1995; Jane Thompson, The 
Nature Conservancy, pers. comm. 1997); Mount LeConte in Tennessee 
(Coyle 1997); and Mount Buckley (Coyle, pers. comm. 2000) and Roan 
Mountain in North Carolina and Tennessee (Coyle 1999). The Mount 
Mitchell population is believed to be extirpated (Harp 1992), and both 
the Mount Collins and Clingmans Dome populations, if still present, are 
extremely small, with only one spruce-fir moss spider having been found 
at each of these two sites in recent years (Harp 1991, 1992).
    The microhabitat of the spruce-fir moss spider appears to be 
virtually restricted to certain areas of rock outcrops and boulders in 
Fraser fir and/or fir-dominated spruce-fir forests. The primary threat 
to, and reason for, the recent decline of the spruce-fir moss spider at 
all of the sites from which it has been recorded appears to be 
associated with the loss of suitable moss habitat, due primarily to the 
loss of mature Fraser firs (Coyle, in litt., 1991, 1999; Harp 1991, 
1992; Service 1998).
    On February 6, 1995, we listed the spruce-fir moss spider as 
endangered (60 FR 6968) under the Endangered Species Act of 1973, as 
amended (Act). The primary threat to the species was identified as 
deterioration of the spider's high-elevation forest habitat due 
primarily to exotic insects and possibly to past land use history, air 
pollution, and other factors not yet fully understood. On October 6, 
2000, we published in the Federal Register a proposal to designate 
critical habitat for this species (65 FR 59798). The proposal includes: 
(1) Areas at and above 1,646 meters (m) (5,400 feet (ft)) in elevation 
in the Great Smoky Mountains National Park (GSMNP) on and/or in the 
vicinity of Mount LeConte in Sevier County, Tennessee, and Mount 
Collins, Clingmans Dome, and Mount Buckley in Swain County, North 
Carolina, and Sevier County, Tennessee; (2) areas at and above 1,646 m 
(5,400 ft) in elevation at Grandfather Mountain in Avery, Caldwell, and 
Watauga Counties, North Carolina; and (3) portions at and above 1,646 m 
(5,400 ft) in elevation at Roan Mountain, Avery and Mitchell Counties, 
North Carolina, and Carter County, Tennessee. All of the areas on or in 
the vicinity of Mount LeConte, Mount Collins, Clingmans Dome, and Mount 
Buckley that are proposed for critical habitat designation are within 
the boundaries of the GSMNP; all of the areas of Roan Mountain that are 
proposed for critical habitat designation are within the boundaries of 
the Pisgah National Forest in North Carolina and the Cherokee National 
Forest in Tennessee; and the areas of Grandfather Mountain that are 
proposed for critical habitat designation are privately owned.
    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific and commercial data 
available and after taking into consideration the economic impact, and 
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. Consequently, we have 
prepared a draft economic analysis concerning the proposed critical 
habitat designation, which is available for review and comment at the 
above Internet and mailing addresses.

Public Comments Solicited

    We solicit comments on the draft economic analysis described in 
this notice, as well as any other aspect of the proposed designation of 
critical habitat for the spruce-fir moss spider. Our final 
determination on the proposed critical habitat will take into 
consideration comments and any additional information received by the 
date specified above. All previous comments and information submitted 
during the comment period need not be resubmitted. Written comments may 
be submitted to the State Supervisor (see ADDRESSES section).
    Please submit electronic comments as an ASCII file format and avoid 
the use of special characters and encryption. Please also include 
``Attn: [RIN number]'' 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 
Asheville Field Office (see ADDRESSES section).
    Our practice is to make all comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. In some circumstances, we would withhold 
from the rulemaking record a respondent's identity, as allowable by 
law. If you wish for us to withhold your name and/or address, you must 
state this prominently at the beginning of your comments. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from

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individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety.

References Cited

    A complete list of all references cited in this document is 
available upon request from the Asheville Field Office (see ADDRESSES 
section).

Author

    The primary author of this document is John A. Fridell (see 
ADDRESSES section).

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

    Dated: January 18, 2001.
H. Dale Hall,
Acting Regional Director, Fish and Wildlife Service.
[FR Doc. 01-2270 Filed 2-9-01; 8:45 am]
BILLING CODE 4310-55-U