[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Proposed Rules]
[Pages 21987-21988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8489]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AT84


Endangered and Threatened Wildlife and Plants; Extension of the 
Comment Period for Proposed Designation of Critical Habitat for the 
Arkansas River Basin Population of the Arkansas River Shiner

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; extension of public comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
extension of the public comment period for the proposal to designate 
critical habitat for the Arkansas River Basin population of the 
Arkansas River Shiner (Notropis girardi) (October 6, 2004; 69 FR 
59859). This action will allow all interested parties an opportunity to 
comment on the proposed critical habitat designation under the 
Endangered Species Act of 1973, as amended.

DATES: Comments must be submitted directly to the Service (see 
ADDRESSES section) on or before June 17, 2005. Any comments received 
after the closing date may not be considered in the final determination 
on the proposal.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may submit written comments and information to the Field 
Supervisor, Oklahoma Ecological Services Office, U.S. Fish and Wildlife 
Service, 222 South Houston, Tulsa, Oklahoma 74127-8909.
    2. You may hand-deliver written comments and information to our 
Oklahoma Office, at the above address, or fax your comments to 918-581-
7467.
    3. You may send your 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.
    All 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: Jerry Brabander, Field Supervisor, 
Oklahoma Office (telephone 918-581-7458; facsimile 918-581-7467).

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2004 (69 FR 59859), we proposed to designate as 
critical habitat a total of approximately 2,002 kilometers (1,244 
miles) of linear distance of rivers, including 91.4 meters (300 feet) 
of adjacent riparian areas measured laterally from each bank. This 
distance includes areas that we are proposing to exclude that are 
discussed below. The areas that we have determined to be essential to 
the conservation of the Arkansas River Shiner include portions of the 
Canadian River (often referred to as the South Canadian River) in New 
Mexico, Texas, and Oklahoma, the Beaver/North Canadian River of 
Oklahoma, the Cimarron River in Kansas and Oklahoma, and the Arkansas 
River in Arkansas, Kansas, and Oklahoma.

[[Page 21988]]

    In developing this proposal, we evaluated those lands determined to 
be essential to the conservation of the Arkansas River Shiner to 
ascertain if any specific areas would be appropriate for exclusion from 
the final critical habitat designation pursuant to section 4(b)(2) of 
the Act. On the basis of our preliminary evaluation, we believe that 
the benefits of excluding the Beaver/North Canadian River of Oklahoma 
and the Arkansas River in Arkansas, Kansas, and Oklahoma, from the 
final critical habitat for the Arkansas River Shiner outweigh the 
benefits of their inclusion. The public comment period for the proposed 
rule was originally scheduled to close on April 30, 2005.
    On September 30, 2003, in a complaint brought by the New Mexico 
Cattle Growers Association and 16 other plaintiffs, the U.S. District 
Court of New Mexico instructed us to propose critical habitat by 
September 30, 2004, and publish a final rule by September 30, 2005. The 
proposed rule was signed on September 30, 2004, and published in the 
Federal Register on October 6, 2004 (69 FR 59859). Additional 
background information is available in the October 6, 2004, proposed 
rule.
    Critical habitat is defined in section 3 of the Act as the specific 
areas within the geographic area occupied by a species, at the time it 
is listed in accordance with the Act, on which are found those physical 
or biological features essential to the conservation of the species and 
that may require special management considerations or protection; and 
specific areas outside the geographic area occupied by a species at the 
time it is listed, upon a determination that such areas are essential 
for the conservation of the species. If the proposed rule is made 
final, section 7 of the Act will prohibit destruction or adverse 
modification of critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
affecting areas designated as critical habitat must consult with us on 
the effects of their proposed actions, pursuant to section 7(a)(2) of 
the Act.
    Section 4 of the Act requires that we consider economic and other 
relevant impacts prior to making a final decision on what areas to 
designate as critical habitat. We are currently developing a draft 
economic analysis and draft environmental assessment for the proposal 
to designate certain areas as critical habitat for the Arkansas River 
Shiner and will announce their availability at a later date. We may 
revise the proposal, or its supporting documents, to incorporate or 
address new information received during the comment period. In 
particular, 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.
    Pursuant to 50 CFR 424.16(c)(2), we may extend or reopen a comment 
period upon finding that there is good cause to do so. We are currently 
developing a draft economic analysis and draft environmental assessment 
for the proposal and will announce the availability of those documents 
and solicit data and comments from the public on these draft documents 
at a later date. We will also announce hearing dates concurrently with 
the availability of the draft documents. However, it is our intention 
to leave the public comment period open and uninterrupted until those 
documents are available for public consideration and comment. We 
believe that allowing the comment period to close before the full set 
of supporting draft analytical documents is available could result in 
hurried and incomplete comments on our proposed rule and could also 
unnecessarily frustrate respondents. We deem these considerations as 
sufficient cause to extend the comment period.
    We are required by court order to complete the final designation of 
critical habitat for the Arkansas River Shiner by September 30, 2005. 
To meet this date, all comments on or proposed revisions to the 
proposed rule need to be submitted to us during the comment period, as 
extended by this document (see DATES).
    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. 
If you wish us to withhold your name or address, you must state this 
request 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 and materials received, as well as supporting 
documentation used in preparation of the proposal to designate critical 
habitat, will be available for public inspection, by appointment, 
during normal business hours at the Tulsa Ecological Services 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: April 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8489 Filed 4-27-05; 8:45 am]
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