[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Proposed Rules]
[Pages 70284-70286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23842]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV07; 1018-AV04


Endangered and Threatened Wildlife and Plants; Designations of 
Critical Habitat for the San Bernardino Kangaroo Rat (Dipodomys 
merriami parvus), Poa atropurpurea (San Bernardino bluegrass), and 
Taraxacum californicum (California taraxacum)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of 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 
reopening of the public comment period and the scheduling of public 
hearings on the proposed rule to revise critical habitat for the San 
Bernardino kangaroo rat (Dipodomys merriami parvus), and on the 
proposed rule to designate critical habitat for Poa atropurpurea (San 
Bernardino bluegrass) and Taraxacum californicum (California taraxacum) 
under the Endangered Species Act of 1973, as amended (Act). The 
reopened comment periods will provide the public; Federal, State, and 
local agencies; and Tribes with an additional opportunity to submit 
written comments on these proposed rules. Comments previously submitted 
for the proposed critical habitat designations for the San Bernardino 
kangaroo rat, P. atropurpurea, or T. californicum need not be 
resubmitted as they have already been incorporated into the public 
record and will be fully considered in any final decisions.

DATES: Written Comments: We will accept comments and information until 
January 25, 2008, or at the public hearing. Any comments received after 
the closing date may not be considered in the final decisions on the 
designations of critical habitat.
    Public Hearings: The public hearings will take place on January 10, 
2008, from 1 p.m. to 3 p.m. and from 6 p.m. to 8 p.m. in San 
Bernardino, California.

ADDRESSES: Written Comments: You may submit comments by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AV07 or 1018-AV04; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
    We will not accept e-mail or faxes. We will accept written comments 
at the public hearing. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).
    Public Hearings: The public hearings will be held at the Clarion 
Hotel and Convention Center, 295 North E Street, San Bernardino, CA 
92401.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, Carlsbad 
Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011; 
telephone 760-431-9440; facsimile 760-431-9624. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We intend that any final actions resulting from these proposals 
will be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions on these proposed rules from the public, other 
concerned governmental agencies, Tribes, the scientific community, 
industry, or any other interested parties concerning the proposed 
rules. We particularly seek comments on the proposed revised critical 
habitat designation for the San Bernardino kangaroo rat, and the 
proposed critical habitat designations for Poa atropurpurea and 
Taraxacum californicum concerning:
    (1) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether the benefit of designation is outweighed by 
the threats to each species caused by their respective designations 
such that the designation of critical habitat is prudent;
    (2) Specific information on:
     The amount and distribution of habitat for each species;
     What areas that were occupied at the time of listing and 
that contain the features essential for the conservation of the species 
should be included in their respective designations and why; and
     What areas not occupied at the time of listing are 
essential to the conservation of each species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat 
for each species;
    (4) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed revised designation for the San 
Bernardino kangaroo rat, and proposed critical habitat for Poa 
atropurpurea and Taraxacum californicum and, in particular, any impacts 
on small entities, and the benefits of including or excluding areas 
that exhibit these impacts; and
    (5) Whether our approach to designating critical habitat could be 
improved or modified in any way as to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    In addition, we seek the following specific comments on the 
proposed revised designation of critical habitat for the San Bernardino 
kangaroo rat:
    (1a) Specific information on dispersal areas important for habitat 
connectivity, their role in the conservation and recovery of the 
subspecies, and reasons why such areas should or should not be included 
in the critical habitat designation;
    (2a) Our proposed exclusions totaling 2,544 acres (ac) (1,029 
hectares (ha)) of San Bernardino kangaroo rat habitat and whether the 
benefits of excluding these areas would outweigh the benefits of their 
inclusion under section 4(b)(2) of the Act. If the Secretary determines 
that the benefits of including these lands are not outweighed by the 
benefits of excluding them, they will not be excluded from final 
critical habitat;
    (3a) Any proposed critical habitat areas covered by existing or 
proposed conservation or management plans that

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we should consider for exclusion from the final designation under 
section 4(b)(2) of the Act. We specifically request information on any 
operative or draft habitat conservation plans for the San Bernardino 
kangaroo rat that have been prepared under section 10(a)(1)(B) of the 
Act, as well as any other management or conservation plan or agreement 
that benefits the kangaroo rat or its primary constituent elements; and
    (4a) Specific information regarding the current status of plan 
implementation for the following management plans: the Woolly-Star 
Preserve Area Management Plans; the Former Norton Air Force Base 
Conservation Management Plan; the Cajon Creek Habitat Conservation 
Management Area, Habitat Enhancement and Management Plan; and Western 
Riverside Multiple Species Conservation Plan.
    We also seek the following specific comments on the proposed 
critical habitat designations for Poa atropurpurea and Taraxacum 
californicum:
    (1b) Any proposed critical habitat areas covered by conservation or 
management plans that we should consider for exclusion from the 
designation under section 4(b)(2) of the Act. We specifically request 
information on any operative or draft habitat conservation plans that 
include Poa atropurpurea or Taraxacum californicum as covered species 
that have been prepared under section 10(a)(1)(B) of the Act, or any 
other management or other conservation plan or agreement that benefits 
either plant or its primary constituent elements; and
    (2b) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    You may submit your comments and materials concerning the proposed 
rules by one of the methods listed in the ADDRESSES section. We will 
not accept comments you send by e-mail or fax. We will accept written 
comments at the public hearing. Please note that we may not consider 
comments we receive after the date specified in the DATES section in 
our final determination.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that we will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rules, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley 
Road, Carlsbad, CA 92011; telephone 760-431-9440; facsimile 760-431-
9624.
    Comments and information submitted during the initial comment 
periods on the proposed rules need not be resubmitted as they will be 
incorporated into the public records as part of those comment periods 
and will be fully considered in preparation of the final rules.

Background

    On June 19, 2007, we published a proposed rule in the Federal 
Register (72 FR 33808) to revise critical habitat for the San 
Bernardino kangaroo rat. Currently, 33,295 ac (13,485 ha) are 
designated as critical habitat for the San Bernardino kangaroo rat in 
San Bernardino and Riverside counties, California. Under the proposal, 
approximately 9,079 ac (3,674 ha) of land located in San Bernardino and 
Riverside counties, California, would fall within the boundaries of the 
revised critical habitat designation. Further, of the 9,079 ac (3,674 
ha) of revised critical habitat, we are proposing to exclude 2,544 ac 
(1,029 ha) of land from the revised final designation under section 
4(b)(2) of the Act (see the Exclusions Under Section 4(b)(2) of the Act 
section of the June 19, 2007, revised proposed rule [72 FR 33808] for a 
detailed discussion of this proposed exclusion).
    On August 7, 2007, we published a proposed rule in the Federal 
Register (72 FR 44232) to designate critical habitat for Poa 
atropurpurea and Taraxacum californicum. We propose approximately 3,014 
ac (1,221 ha) of land in San Bernardino and San Diego Counties, 
California, as critical habitat for P. atropurpurea, and approximately 
1,930 ac (782 ha) of land in San Bernardino County, California, as 
critical habitat for T. californicum.
    Economic analyses identifying estimated impacts associated with the 
proposed critical habitat designations for the San Bernardino kangaroo 
rat, Poa atropurpurea, and Taraxacum californicum are still in 
development. When these analyses are completed, we will provide a 
separate notice informing the public of their availability and 
providing an opportunity for public comment.
    Critical habitat is defined in section 3 of the Act as:
    (i) The specific areas within the geographical area occupied by the 
species, at the time of listing in accordance with the Act, on which 
are found those physical or biological features (1) essential to the 
conservation of the species and (2) which may require special 
management considerations or protection; and
    (ii) Specific areas outside the geographical area occupied by the 
species at the time of listing if the Secretary determines that those 
areas are essential for the conservation of the species.
    For each species, if the proposed critical habitat designation is 
finalized, section 7(a)(2) of the Act would require that Federal 
agencies ensure that actions they fund, authorize, or carry out are not 
likely to jeopardize the continued existence of the species or result 
in the destruction or adverse modification of critical habitat.
    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, national 
security, and any other relevant impacts of specifying any particular 
area as critical habitat.

Public Hearings

    Section 4(b)(5)(E) of the Act requires a public hearing be held if 
any person requests it within 45 days of the publication of a proposed 
rule. In response to requests from the public, the Service will conduct 
public hearings for these two critical habitat proposals on the date 
and at the address and times identified in the DATES and ADDRESSES 
sections above.
    Persons wishing to make an oral statement for the record are 
encouraged to provide a written copy of their statement and present it 
to us at the hearing. 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 questions 
concerning the public hearing, please contact the Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearings should contact Dixie Ward, Carlsbad 
Fish and Wildlife Office, at 760-431-9440 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 notice is

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available in alternative formats upon request.

Author

    The author of this document is the staff of the Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authority

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

     Dated: November 27, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-23842 Filed 12-10-07; 8:45 am]
BILLING CODE 4310-55-P