[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Proposed Rules]
[Pages 18516-18518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7992]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI71 and 1018-AI72


Endangered and Threatened Wildlife and Plants; Notice of the 
Availability of Draft Economic Analyses, and of a Public Hearing for 
the Proposed Designations of Critical Habitat for the Coastal 
California Gnatcatcher (Polioptila californica californica) and the San 
Diego Fairy Shrimp (Branchinecta sandiegonensis)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rules; notice of availability of draft economic 
analyses, reopening of public comment periods, and notice of public 
hearings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) announce the 
availability of a draft economic analysis of the proposed designation 
of critical habitat for the coastal California gnatcatcher (Polioptila 
californica californica), the availability of a draft economic analysis 
of the proposed critical habitat designation for the San Diego fairy 
shrimp, and the reopening of the public comment periods on the proposed 
rules to designate critical habitat for the coastal California 
gnatcatcher and the San Diego fairy shrimp. The comment period will 
provide the public, Federal, State, and local agencies, and Tribes with 
an opportunity to submit written comments on these two proposals and 
their respective draft economic analyses. Comments previously submitted 
for these proposed rules need not be resubmitted as they have already 
been incorporated into the public record and will be fully considered 
in any final decision.
    We are also announcing that public hearings will be held on both 
proposed rules and their respective draft economic analyses.

DATES: The public comment period for these two proposed rules is now 
reopened, and we will accept comments and information until 5 p.m. May 
10, 2004. Any comments received after the closing date may not be 
considered in the final decisions on these actions.
    The public hearings will take place on April 29, 2004, from 1 p.m. 
to 3 p.m. and from 6 p.m. to 8 p.m. in Carlsbad, California. Both 
public hearings will address both proposed rules.

ADDRESSES: The public hearings will be held at the Carlsbad Fish and 
Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California.
    Written comments and materials may be submitted to us by any one of 
the following methods:
    1. You may submit written comments and information to the Field 
Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, 
Carlsbad, CA 92009.
    2. You may hand-deliver written comments and information to our 
Carlsbad Fish and Wildlife Office at the above address, or fax your 
comments to 760/431-9618.
    Comments and materials received, as well as supporting 
documentation used in preparation of the proposed critical habitat 
rules for the coastal California gnatcatcher and San Diego fairy 
shrimp, will be available for public inspection, by appointment, during 
normal business hours at the above address. You may obtain copies of 
the draft economic analyses for the coastal California gnatcatcher and 
San Diego fairy shrimp by contacting the Carlsbad Fish and Wildlife 
Office at the above address.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad 
Fish and Wildlife Office, at the above address (telephone 760/431-9440; 
facsimile 760/431-9618).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We solicit comments or suggestions from the public, other concerned 
governmental agencies, Tribes, the scientific community, industry, or 
any other interested parties concerning our proposed designation of 
critical habitat and/or the draft economic analysis of the proposed 
designation of critical habitat for both the coastal California 
gnatcatcher and San Diego fairy shrimp. With regard to the proposed 
rules and draft economic analyses for the coastal California 
gnatcatcher and San Diego fairy shrimp, we particularly seek comments 
concerning:
    (1) Specific information on the amount and distribution of the 
gnatcatcher and its habitat, and which habitat is essential to the 
conservation of this species and why; and
    (2) Whether habitat currently preserved in various conservation 
areas within the range of the coastal California gnatcatcher is 
sufficient for the conservation of the species;
    (3) The reasons why any habitat should or should not be determined 
to be critical habitat for the coastal California gnatcatcher or the 
San Diego fairy shrimp as provided by section 4 of the Act, including 
whether the benefits of designation will outweigh any threats

[[Page 18517]]

to these species resulting from designation;
    (4) Land use designations and current or planned activities in the 
subject areas and their possible impacts on areas proposed as critical 
habitat for these two species;
    (5) Any foreseeable economic, national security, or other impacts 
resulting from the proposed designation of critical habitat for the 
coastal California gnatcatcher or San Diego fairy shrimp, in 
particular, any impacts on small entities or families;
    (6) Do both economic analyses adequately address the likely effects 
and resulting costs arising from the California Environmental Quality 
Act and other State laws as a result of the proposed critical habitat 
designations;
    (7) Whether both economic analyses make appropriate assumptions 
regarding current practices and likely regulatory changes imposed as a 
result of the designation of critical habitat for the coastal 
California gnatcatcher and the San Diego fairy shrimp;
    (8) Any economic or other impacts associated with designating 
critical habitat on reserve, preserve, or other conservation lands 
within the boundaries of approved habitat conservation plans (HCP) that 
have been developed through cooperative, voluntary partnerships;
    (9) The benefits of including or excluding military lands covered 
by an Integrated Natural Resource Management Plan and Tribal lands, 
NCCP lands, HCP lands, or any other lands covered by an adequate 
management plan;
    (10) Do the analyses adequately address the indirect effects, e.g., 
property tax losses due to reduced home construction, losses to local 
business due to reduced construction activity;
    (11) Whether the economic analyses appropriately identify land and 
water use regulatory controls that could result from the proposed 
critical habitat designations for these species;
    (12) Do the analyses accurately define and capture opportunity 
costs;
    (13) Whether the economic analyses correctly assess the effect on 
regional costs (e.g., housing costs) associated with land use controls 
that could arise from the designation of critical habitat for these 
species;
    (14) Do the analyses adequately address the likelihood of ``stigma 
effects'' and costs associated with the proposed designations;
    (15) Whether the designation of critical habitat for either the 
coastal California gnatcatcher or San Diego fairy shrimp will result in 
disproportionate economic or other impacts to specific areas that 
should be evaluated for possible exclusion from the final designations;
    (16) The economic analyses should identify all costs related to the 
designation of critical habitat for the coastal California gnatcatcher 
and San Diego fairy shrimp. Those designations were intended to take 
place at the time these species were listed. As a result, the 
assumptions in the economic analyses should be consistent with the 
Service's listing regulations. Do these analyses achieve that 
consistency? And
    (17) Whether our approach to critical habitat designation could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concern and comments.
    Our practice is to make 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, which we will honor to the extent allowable by law. 
There also may be circumstances in which we would withhold a 
respondent's identity, as allowable by law. If you wish 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. To the extent consistent with applicable law, 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. 
Comments received will be available for public inspection, by 
appointment, during normal business hours at the above address.

Background

    On April 24, 2003, we published a proposed rule in the Federal 
Register (68 FR 20228) to designate critical habitat for the coastal 
California gnatcatcher on approximately 495,795 acres (ac) (200,595 
hectares (ha)) of land in Ventura, Los Angeles, Orange, Riverside, San 
Bernardino, and San Diego counties. The original comment period on the 
coastal California gnatcatcher proposed critical habitat rule closed on 
June 23, 2003.
    We published a proposed rule in the April 22, 2003, edition of the 
Federal Register (68 FR 19888) to designate critical habitat for the 
San Diego fairy shrimp on approximately 6,098 ac (2,468 ha) of land in 
Orange and San Diego counties. The original comment period on the San 
Diego fairy shrimp proposed critical habitat rule also closed on June 
23, 2003.
    Critical habitat receives protection from destruction or adverse 
modification through required consultation under section 7 of the 
Endangered Species Act of 1973, as amended (Act), with regard to 
actions carried out, funded, or authorized by a Federal agency. Section 
4(b)(2) of the Act requires that we designate or revise critical 
habitat on the basis of the best scientific and commercial data 
available, after taking into consideration economic and any other 
relevant impacts of specifying any particular area as critical habitat. 
Based upon the April 24, 2003, proposed rule to designate critical 
habitat for coastal California gnatcatcher, we have prepared a draft 
economic analysis of the proposed critical habitat designation. The 
economic analysis estimates that the proposed designation may result in 
a potential economic cost, resulting from section 7 of the Act, of 
approximately $915 million through the year 2025, with an estimated 
annualized cost of $114 million. Unit 10 of the proposed designation 
lies entirely within the proposed planning area of the Western 
Riverside County MSHCP. Based on very large projected growth estimates 
and other factors, the economic analysis suggests that approximately 
$460 million of the total $915 million estimated costs through 2025 
occur in this unit.
    We have also prepared a draft economic analysis of the April 22, 
2003, proposed rule to designate critical habitat for the San Diego 
fairy shrimp. The draft analysis of this proposed designation estimates 
that potential economic costs associated with section 7 of the Act 
range up to $54.6 million over the next 20 years.
    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 a proposed rule. In response to a request from the 
Natural Resources Defense Council, and a separate request from Citizens 
Against Recreational Eviction, we will conduct public hearings on the 
date and at the address described in the DATES and ADDRESSES sections 
above.
    Anyone wishing to make an oral statement for the record is 
encouraged to provide a written copy of their statement and present it 
to us at the hearings. In the event there is a large attendance, the 
time allotted for oral statements may be limited. Oral and written 
statements receive equal consideration. There are no limits on the 
length of written comments submitted to us. If you have any

[[Page 18518]]

questions concerning the public hearings, please contact the Carlsbad 
Fish and Wildlife Office (see ADDRESSES section). This notice is being 
published in the Federal Register to provide the public and interested 
parties with a minimum of 15 days notification about the public 
hearings.
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearings should contact Patti Carroll at 503/
231-2080 as soon as possible. In order to allow sufficient time to 
process requests, please call no later than one week before the hearing 
date. Information regarding this proposal is available in alternative 
formats upon requests.
    We are reopening the comment period to allow all interested parties 
to comment simultaneously on the proposed rules for the coastal 
California gnatcatcher and San Diego fairy shrimp, potential exclusions 
and the draft economic analyses. The draft analyses are available by 
contacting the Carlsbad Fish and Wildlife Office as identified in the 
ADDRESSES section above.

References Cited

    A complete list of all references cited herein, as well as others 
used in the development of the proposed critical habitat designations 
and the draft economic analyses of the proposed critical habitat 
designations for the coastal California gnatcatcher and San Diego fairy 
shrimp, are available upon request from the Carlsbad Fish and Wildlife 
Office (see ADDRESSES section).

Author

    The primary authors of this notice are the staff of the Carlsbad 
Fish and Wildlife Office (see ADDRESSES section).

Authority

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

    Dated: March 30, 2004.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-7992 Filed 4-7-04; 8:45 am]
BILLING CODE 4310-55-P