[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Proposed Rules]
[Pages 21614-21615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10715]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R7-ES-2008-0105; 92210-1117-0000-B4]
RIN 1018-AV92


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Southwest Alaska Distinct Population Segment 
of the Northern Sea Otter (Enhydra lutris kenyoni)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period; notice of 
public hearing.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our proposal to designate 
critical habitat for the southwest Alaska Distinct Population Segment 
(DPS) of the northern sea otter (Enhydra lutris kenyoni) under the 
Endangered Species Act of 1973, as amended (Act). This action will 
provide all interested parties with an additional opportunity to submit 
written comments on our December 16, 2008, proposed rule to designate 
approximately 15,225 square kilometers (km\2\) (5,879 square miles 
(mi\2\)) as critical habitat.

DATES: We are reopening the comment period until July 1, 2009. For more 
information, see Public Comments Solicited section below.

ADDRESSES: 
    Public Comments: You may submit information 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: FWS-R7-ES-2008-0105; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    Public Hearing: We will hold one public hearing on June 18, 2009, 
at the Z.J. Loussac Library in Anchorage, Alaska. There will be an 
informational meeting with a questions and answer session from 7 p.m. 
to 7:30 p.m. and we will accept public comments verbally from 7:30 p.m. 
to 9:30 p.m. In addition to having the opportunity to provide oral 
comments in person, telephone access will be provided for this hearing. 
Contact the Marine Mammals Management Office (see FOR FURTHER 
INFORMATION CONTACT) for more information about this public hearing.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments Solicited 
section below for more details).

FOR FURTHER INFORMATION CONTACT: Douglas M. Burn, Marine Mammals 
Management Office, U.S. Fish and Wildlife Service, 1011 East Tudor 
Road, Anchorage, AK 99503; telephone 907/786-3800; facsimile 907/786-
3816. If you use a telecommunications device for the deaf (TDD), call 
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2008, we published a proposed rule to designate 
approximately 15,225 square kilometers (km\2\) (5,879 square miles 
(mi\2\)) as critical habitat for the southwest Alaska DPS of the 
northern sea otter (73 FR 76454). We accepted public comments on this 
proposed rule for 60 days, ending on February 17, 2009. During that 
period, we received 15 submissions from various individuals, 
communities, and organizations. Recognizing that the original public 
comment period partially overlapped with the holiday season, we are 
reopening the public comment period to provide additional time for 
concerned individuals to provide input on the proposed designation.
    We intend that any final action resulting from this proposal will 
be as

[[Page 21615]]

accurate and as effective as possible. Therefore, we request comments 
or suggestions on this proposed rule. We particularly seek comments 
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 there are threats to the species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether the benefit of designation would outweigh 
threats to the species caused by the designation, such that the 
designation of critical habitat is prudent.
    (2) Specific information on:
     The amount and distribution of habitat of the southwest 
Alaska DPS of the northern sea otter,
     What areas occupied at the time of listing and that 
contain features essential for the conservation of the species we 
should include in the designation and why, and
     What areas not occupied at the time of listing are 
essential to the conservation of the species and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (4) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities, and the benefits of including or excluding 
areas that exhibit these impacts.
    (5) Any areas that might be appropriate for exclusion from the 
final designation under section 4(b)(2) of the Act.
    (6) Special management considerations or protections that the 
proposed critical habitat may require.
    (7) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    We are also in the process of preparing a draft Economic Analysis 
of the proposed critical habitat designation, which will be made 
available for public review and comment. We will publish a separate 
Notice of Availability for the draft Economic Analysis.

Public Comments Solicited

    We will accept written comments and information we receive on or 
before July 1, 2009. You may submit comments and materials concerning 
the proposed rule by one of the methods listed in the ADDRESSES 
section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including your personal identifying information--will be 
posted on the Web site. If your submission is made via a hardcopy that 
includes personal identifying information, you may request at the top 
of your document that we withhold this information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy comments on http://www.regulations.gov. Comments 
previously submitted on the December 16, 2008 proposed rule (73 FR 
76454) need not be resubmitted, as they have been incorporated into the 
public record and will be fully considered in preparation of the final 
rule. Comments submitted during this reopened comment period also will 
be incorporated into the public record and will be fully considered in 
the final rule.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this notice, 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, 
Marine Mammals Management Office (see FOR FURTHER INFORMATION CONTACT).
    You may obtain copies of the proposed rule on the Internet at 
http://www.regulations.gov, or by mail from the Marine Mammals 
Management Office in Anchorage, Alaska.

Author

    The primary author of this package is the Marine Mammals Management 
Office, U.S. Fish and Wildlife Service, 1011 East Tudor Road, 
Anchorage, AK 99503.

Authority

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

    Dated: April 29, 2009.
 Will Shafroth,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-10715 Filed 5-7-09; 8:45 am]
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