[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Proposed Rules]
[Pages 57643-57646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25184]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI76
Technical Correction; Endangered and Threatened Wildlife and
Plants; Proposed Designation of Critical Habitat for Five Endangered
Tennessee and Cumberland River Basin Mussels
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period, announcement of
public hearing, availability of draft economic analysis, possible
modification of Unit 8 (Rock Creek); correction.
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SUMMARY: We, the Fish and Wildlife Service, announce the availability
of the draft economic analysis of this proposed critical habitat
designation, and that we will hold a public hearing regarding the
proposal on October 29, 2003, at Southwest Virginia Community College
in Tazewell County, Virginia. This document makes a correction to the
critical habitat legal description and gives notice of a possible 6.4-
river-kilometer (rkm) (4-river-mile (rmi)) upstream extension of Unit 8
(Rock Creek). We are reopening the comment period for the proposal to
designate critical habitat for these species to accommodate the public
hearing and to allow all interested parties to comment on the proposed
rule, including the new information presented for consideration
regarding Unit 8 and the associated draft economic analysis. Comments
previously submitted need not be resubmitted, because they will be
fully considered in the final determination of the proposal.
DATES: Public hearing: The public hearing will be held from 7 to 10
p.m. Eastern Standard Time (EST) on October 29, 2003, at Southwest
Virginia Community College on U.S. Highway 19, in Tazewell County,
Virginia. The hearing will consist of an informational meeting in the
lobby from 5:30 to 6:30 p.m. EST followed by the formal hearing, held
in the main auditorium. Maps of the critical habitat units and
information on the species will be available for public review one hour
prior to the hearing (between 5:30 and 6:30 p.m.).
Comment submission: The comment period is hereby reopened until
December 5, 2003. 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: The public hearing will be held at Southwest Virginia
Community College on U.S. Highway 19, in Tazewell County, Virginia.
Copies of the draft economic analysis are available on the Internet at
http://cookeville.fws.gov/ gov/; also, you may request copies by writing to
the Field Supervisor, U.S. Fish and Wildlife Service, 446 Neal Street,
Cookeville, TN 38506, or by calling Rob Tawes, Tennessee Field Office,
telephone 931/528-6481, extension 213.
Written comments and materials may be submitted to us at the
hearing or by any one of the following methods:
[[Page 57644]]
1. You may submit written comments and information to the Field
Supervisor, U.S. Fish and Wildlife Service, 446 Neal Street,
Cookeville, TN 38501.
2. You may hand-deliver written comments and information to our
Tennessee Field Office, at the above address, or fax your comments to
(931) 528-7075.
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: Rob Tawes, at the above address
(telephone (931) 528-6481, extension 213; facsimile (931) 528-7075).
SUPPLEMENTARY INFORMATION:
Background
We listed the Cumberland elktoe (Alasmidonta atropurpurea), oyster
mussel (Epioblasma capsaeformis), Cumberlandian combshell (Epioblasma
brevidens), purple bean (Villosa perpurpurea), and rough rabbitsfoot
(Quadrula cylindrica strigillata) as endangered on January 10, 1997 (62
FR 1647).
We published a proposed critical habitat designation for these five
mussels in the June 3, 2003, Federal Register (68 FR 33234). The
proposed designation includes portions of Bear Creek (Mississippi,
Alabama), the Duck River (Tennessee), Obed River (Tennessee), Powell
River (Tennessee, Virginia), Clinch River and its tributaries (Copper
Creek and Indian Creek) (Tennessee, Virginia), Nolichucky River
(Tennessee), and Beech Creek (Tennessee) in the Tennessee River System,
and portions of Rock Creek (Kentucky), the Big South Fork and its
tributaries (Bone Camp Creek, White Oak Creek, North White Oak Creek,
New River, Crooked Creek, Clear Fork, and North Prong Clear Fork)
(Kentucky, Tennessee), Buck Creek (Kentucky), Marsh Creek (Kentucky),
Sinking Creek (Kentucky), and Laurel Fork (Kentucky) in the Cumberland
River System. This proposal encompasses a total of approximately 892
rkm (544 rmi) of river and stream channels. The proposed designation
and associated materials can be viewed at http://cookeville.fws.gov/.
Section 4(b)(2) of the Act requires that we designate critical
habitat on the basis of the best scientific 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 that such exclusion will not result in the
extinction of the species. We have prepared a draft economic analysis
concerning the proposed critical habitat designation, which is
available for review and comment (see ADDRESSES section).
Public Hearing
Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires
that a public hearing be held if it is requested within 45 days of the
publication of the proposed rule. The Board of Supervisors of Tazewell
County, Virginia, requested a public hearing within the allotted time
period. Public hearings are designed to gather relevant information
that the public may have that we should consider in the proposed
designation of critical habitat or the draft economic analysis.
We will hold a public hearing in Tazewell County, Virginia, on
October 29, 2003, from 7 to 10 p.m. The hearing location will be
Southwest Virginia Community College on U.S. Highway 19, located in
Tazewell, Virginia. All comments presented at the public hearing will
be recorded by a court reporter. Maps of the critical habitat units and
information on the species will be available for public review prior to
the public hearing (between 5:30 and 6:30 p.m.).
Correction to Proposed Critical Habitat Designation (68 FR 33234)
PART 17--[CORRECTED]
In proposed rule FR Doc. 03-33234 published on June 3, 2003 (68 FR
33234), make the following corrections.
1. Amend the description of Unit 8 on page 33244, changing
``Dolan'' to ``Dolen'' in column 3.
Sec. 17.11 [Corrected]
2. Amend the description of Unit 8 on page 33268, changing
``Sinking Creek'' to ``Dolen Branch'' starting in column 2.
Consideration of Additional Stream Mileage in Rock Creek
Since the publication of this proposed critical habitat rule, we
have been informed by the U.S. Forest Service that we did not include a
reach of Rock Creek (see ``Proposed Critical Habitat Designation''
section, Unit 8) upstream of Dolen Branch, in which there is a 1998
record of a live Cumberland elktoe. This specimen was collected
approximately 5 rkm (3 rmi) upstream of Dolen Branch, southwest of Bell
Farm. We will conduct an analysis on this reach prior to making a final
determination on this proposed rule. If we determine this reach to be
essential, then we intend to include it in the final designation.
Inclusion of this reach would add approximately 6.4 rkm (4 rmi) to the
upstream terminus of Unit 8 (Rock Creek). The new upstream terminus
would be a driveway crossing of Rock Creek at rkm 25.6 (rmi 15.9)
(approximately 2.6 kilometers (1.6 miles) southwest of Bell Farm). The
map reflecting this extended area follows:
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Public Comments Solicited
We solicit comments on the draft economic analysis referred to in
this document, as well as on any other aspect of the proposed critical
habitat designation for the five Tennessee and Cumberland River Basin
mussels. In order to accommodate the public hearing and public review
of the draft economic analysis, we are now closing the comment period
for both the proposed rule and the draft economic analysis on December
5, 2003. All previous comments and information submitted during the
comment period need not be resubmitted. Refer to the ADDRESSES section
for information on how to submit written comments and information. Our
final determination on the proposed critical habitat will take into
consideration comments and any additional information received.
Please submit electronic comments in an ASCII file format and avoid
the use of special characters and encryption. Please also include
``Attn: RIN 1018-AI76'' 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, please contact us directly by
calling our Tennessee 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 addresses 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 individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
We particularly seek comments concerning:
(1) Are there other types of activities, such as habitat
conservation plans, related to this proposed designation of critical
habitat whose costs are not reflected in the draft economic analysis?
If so, please provide as much information as possible to enable us to
identify those activities and address those costs.
Author
The primary author of this document is Rob Tawes (see ADDRESSES
section).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 29, 2003.
Julie MacDonald,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-25184 Filed 10-3-03; 8:45 am]
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