[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Proposed Rules]
[Pages 58527-58528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23657]



[[Page 58527]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 080730953-81003-01]
RIN 0648-AX04


Endangered and Threatened Wildlife and Plants: Proposed 
Rulemaking to Designate Critical Habitat for the Threatened Southern 
Distinct Population Segment of North American Green Sturgeon; 
Notification of Public Workshop; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public workshop; correction to a proposed rule.

-----------------------------------------------------------------------

SUMMARY: We, NMFS, will convene a public workshop in Sacramento, CA on 
October 16, 2008, to collect information and to provide an opportunity 
for the public and other interested parties to comment on the proposed 
rulemaking to designate critical habitat for the threatened Southern 
Distinct Population Segment of North American green sturgeon. This 
document also contains a correction to the proposed rulemaking.

DATES: The public workshop will be held on Thursday, October 16, 2008, 
from 9 a.m. to approximately 5 p.m., Pacific Daylight Time.

ADDRESSES: The public workshop will be held at the Federal Building, 
CALFED Conference Room (5th Floor), 650 Capitol Mall, Sacramento, CA 
95814-4706. Written comments may also be submitted by any of the 
following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 1-562-980-4027, Attention: Melissa Neuman.
     Mail: Submit written comments to the Chief, Protected 
Resources Division, Southwest Region, National Marine Fisheries 
Service, 650 Capitol Mall, Sacramento, CA 95814-4706.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
orherwise sensitive or protected information
    NMFS will accept anonymous comments (enter N/A in the required 
fields if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe 
file fomats only.
    Comments mailed, faxed, or electronically submitted must be 
received by 5 p.m. (PST) on November 7, 2008 to be considered.

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS, Southwest 
Region, (562) 980-4115, [email protected], or Susan Wang, NMFS, 
Southwest Region, (562) 980-4199, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Southern Distinct Population Segment of North American green 
sturgeon (Acipenser medirostris; hereafter, ``Southern DPS'') was 
listed as threatened under the Endangered Species Act (ESA) on April 7, 
2006 (71 FR 17757). A proposed rule to designate critical habitat for 
the threatened Southern DPS of green sturgeon was published in the 
Federal Register on September 8, 2008 (73 FR 52084). The areas proposed 
for designation include: coastal U.S. marine waters within 110 meters 
(m) depth from Monterey Bay, California (including Monterey Bay), north 
to Cape Flattery, Washington, including the Strait of Juan de Fuca, 
Washington, to its United States boundary; the Sacramento River, lower 
Feather River, and lower Yuba River in California; the Sacramento-San 
Joaquin Delta and Suisun, San Pablo, and San Francisco bays in 
California; the lower Columbia River estuary; and certain coastal bays 
and estuaries in California (Humboldt Bay), Oregon (Coos Bay, 
Winchester Bay, and Yaquina Bay), and Washington (Willapa Bay and Grays 
Harbor). The areas proposed for designation comprise approximately 325 
miles (524 km) of freshwater river habitat, 1,058 square miles (2,739 
sq km) of estuarine habitat, 11,927 square miles (30,890 sq km) of 
coastal marine habitat, and 136 square miles (352 sq km) of habitat 
within the Yolo and Sutter bypasses (Sacramento River, CA).
    Under section 7 of the ESA, Federal agencies would be required to 
insure that any actions they carry out, authorize, or fund do not 
destroy or adversely modify designated critical habitat. A wide range 
of agency actions may be subject to the ESA section 7 consultation 
process including, but not limited to: the installation and operation 
of hydropower dams; the installation and operation of water diversions; 
in-water construction or alterations; dredging operations and disposal 
of dredge material; NPDES permit activities and activities generating 
non-point source pollution (e.g., agricultural runoff); power plant 
operations; operations of liquefied natural gas (LNG) projects; tidal 
or wave energy projects; discharges from desalination plants; 
commercial shipping (e.g., discharges, oil spills); aquaculture; bottom 
trawl fisheries; and habitat restoration activities. We solicit 
additional information and comments from the public concerning this 
proposed rule, including information and comments on the biological 
basis supporting the proposed rule; the benefits of the proposed 
critical habitat designation to the Southern DPS of green sturgeon; and 
the economic, national security, and other relevant impacts of the 
proposed designation.

Public Workshop

    Interested parties may contribute written or oral comments and 
information regarding the proposed critical habitat rule to NMFS during 
a public workshop on Thursday, October 16, 2008, from 9 a.m. to 5 p.m. 
at the Federal Building, CALFED Conference Room (5\th\ Floor), 650 
Capitol Mall, Sacramento, CA 95814-4706.
    Please be advised that weapons, cameras, and cell phones with 
cameras are prohibited in the Federal building. Members of the public 
attempting to enter the building with any of these items will be denied 
access and will be asked to return said item(s) to their vehicles 
before entering the building.

Need for Correction to the Proposed Rulemaking

    As published, the notice of proposed rulemaking (73 FR 52084; 
September 8, 2008) contains an error in the map of proposed critical 
habitat for the Southern DPS in California. The spatial extent of the 
Sacramento-San Joaquin Delta, California, as depicted on the overview 
map on page 52110, does not match the textual description of the Delta 
found in 50 CFR 226.216(a)(3)(i) of the proposed regulatory text. The 
textual description of proposed critical habitat in the Delta is 
correct, but the map is incorrect. This error may prove to be 
misleading and is in need of correction.

Correction

    Accordingly, the proposed rule, published on September 8, 2008 at 
73 FR 52084, is corrected as follows:

[[Page 58528]]

    On page 52110, replace the map of proposed critical habitat for the 
Southern DPS of green sturgeon in California with the following map:
BILLING CODE 3510-22-S
[GRAPHIC] [TIFF OMITTED] TP07OC08.033

Special Accommodations

    The meeting location is physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Melissa Neuman (see ADDRESSES) at 
least 5 days prior to the meeting date.

    Dated: September 30, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-23657 Filed 10-6-08; 8:45 am]
BILLING CODE 3510-22-C