[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Proposed Rules]
[Pages 16512-16514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6853]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2011-0096; 4500030114]
RIN 1018-AX38
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Southern Selkirk Mountains Population of
Woodland Caribou (Rangifer tarandus caribou)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period on our November 30, 2011, proposed rule
to designate critical habitat for the southern Selkirk Mountains
population of woodland caribou (Rangifer tarandus caribou) under the
Endangered Species Act of 1973, as amended (Act). We are reopening the
public comment period to allow all interested parties another
opportunity to comment on the proposed rule. Comments previously
submitted need not be resubmitted and will be fully considered in
preparation of the final rule. We will also hold a public informational
session and hearing (see DATES and ADDRESSES).
DATES: Written Comments: We will consider comments received or
postmarked on or before May 21, 2012. Comments must be received by
11:59 p.m. Eastern Standard Time on the closing date.
Public informational session and public hearing: We will hold a
public informational session from 9:30 a.m. to 11:30 a.m., followed by
a public hearing from 2 p.m. to 5 p.m., on April 28, 2012, in Bonners
Ferry, Idaho (see ADDRESSES).
ADDRESSES: Written Comments: You may submit comments by one of the
following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov. In the
Search box, enter the Docket number for this proposed rule, which is
FWS-R1-ES-2011-0096. Please ensure that you have found the correct
rulemaking before submitting your comment.
(2) U.S. mail or hand delivery: Public Comments Processing, Attn:
Docket No. FWS-R1-ES-2011-0096; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. 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 informational session and public hearing: The public
informational session and hearing will be held at the Bonners Ferry
High School, 6485 Tamarack Lane, Bonners Ferry, ID 83805. People
needing reasonable accommodations in order to attend and participate in
the public hearing should contact Brian Kelly, State Supervisor, Idaho
Fish and Wildlife Office, at (208) 378-5243, as soon as possible (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Brian Kelly, State Supervisor, U.S.
Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 South
Vinnell Way, Room 368, Boise, ID 83709; telephone 208-378-5243;
facsimile
[[Page 16513]]
208-378-5262. If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Background
It is our intent to discuss only those topics directly relevant to
the proposed rule to designate critical habitat for the southern
Selkirk Mountains population of woodland caribou. On November 30, 2011,
we published a proposed rule (76 FR 74018) to designate critical
habitat for the southern Selkirk Mountains population of woodland
caribou. For a description of the previous Federal actions concerning
the southern Selkirk Mountains population of woodland caribou, please
refer to the proposed rule. In response to comments we received during
the public comment period that opened on November 30, 2011, and closed
on January 30, 2012, we have decided to allow the public more time to
submit comments, and to hold an informational session and public
hearing (as described above). All details of the proposed critical
habitat designation are provided in our November 30, 2011, proposed
rule, available online at http://www.regulations.gov, or by contacting
the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
We will announce the availability of the draft economic analysis of
the proposed designation as soon as it is completed, at which time we
will seek additional public review and comment both on the draft
economic analysis as well as the proposed designation of critical
habitat for the southern Selkirk Mountains population of woodland
caribou. Copies of the draft economic analysis will be available for
downloading from the Internet at http://www.regulations.gov, or from
the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Public Comments
We will accept written comments and information during this
reopened comment period for the proposed rule to designate critical
habitat for the southern Selkirk Mountains population of woodland
caribou that was published in the Federal Register on November 30, 2011
(76 FR 74018). We intend that any final action resulting from this
proposed rule will be based on the best scientific and commercial data
available and be as accurate and as effective as possible. Therefore,
we request comments or information from the public, other concerned
government agencies, the scientific community, industry, or other
interested parties concerning this proposed rule. We will consider
information and recommendations from all interested parties. We are
particularly interested in 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 southern Selkirk
Mountains population of woodland caribou from human activity, the
degree of which can be expected to increase due to the designation,
such that the designation of critical habitat may not be prudent.
(2) Specific information on:
(a) The amount and distribution of habitat for the southern Selkirk
Mountains population of woodland caribou in the United States;
(b) What areas occupied at the time of listing that contain the
physical and biological features essential to the conservation of the
species should be included in the designation and why; and
(c) Special management considerations or protections that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change; and
(d) What areas not occupied at the time of listing are essential
for 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 probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation. We are particularly interested in any impacts on small
entities or families, and the benefits of including or excluding areas
that exhibit these impacts.
(5) Information on the projected and reasonably likely impacts of
climate change on the southern Selkirk Mountains population of woodland
caribou and the proposed critical habitat.
(6) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act and why.
(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.
Public Informational Session and Public Hearing
Section 4(b)(5)(E) of the Act requires that we hold one public
hearing on a proposed regulation, if any person files a request for
such a hearing within 45 days after the date of publication of a
general notice. At the request of the Governor of Idaho and the
Commissioners of Boundary County, Idaho, we have scheduled an
informational session (a brief presentation about the proposed rule
with a question-and-answer period), and a public hearing (see DATES and
ADDRESSES). Anyone wishing to make an oral statement at the public
hearing for the record is encouraged to provide a written copy of their
statement to us at the hearing. In the event there is a large
attendance, the time allotted for oral statements may be limited.
Speakers can sign up at the informational meeting and hearing if they
desire to make an oral statement. 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 Brian Kelly, State Supervisor, Idaho
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
The Service has conducted several outreach efforts to be responsive
to public requests for additional information. On January 9, 2012, we
presented information on the proposed critical habitat designation in
Bonners Ferry, Boundary County, Idaho, at the request of the Kootenai
Valley Resource Initiative (KVRI), and on January 24, 2012, we held an
informational meeting in Priest Lake, at the request of the Bonner
County, Idaho Commission. On February 13, 2012, we participated in a
meeting in Boundary County, Idaho, sponsored by the KVRI, and on
February 28, 2012, we participated in another meeting with the Bonner
County Commission; both meetings were open to the public.
To ensure the final decision is based on the best available
information, an additional informational session and public hearing
will be announced concurrent with the forthcoming publication of a
notice of availability for the draft economic analysis, which is
currently under development. Prior to a final decision on the proposed
critical habitat designation, the Service intends to conduct two public
hearings, each preceded by an informational session.
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We will also continue with our ongoing outreach efforts, such as those
described above, as needs and opportunities to do so arise.
Our final determination concerning critical habitat for the
southern Selkirk Mountains population of woodland caribou will take
into consideration all written comments we receive during the comment
period, comments from peer reviewers, comments and public testimony
received during the public hearings, and any additional information we
receive in response to the forthcoming notice of availability of the
draft economic analysis. All comments will be included in the public
record for this rulemaking. On the basis of peer reviewer and public
comments, we may, during the development of our final determination,
find that areas within the proposed designation do not meet the
definition of critical habitat, that some modifications to the
described boundaries are appropriate, or that areas may or may not be
appropriate for exclusion under section 4(b)(2) of the Act.
If you previously submitted comments or information on this
proposed rule, please do not resubmit them. We will incorporate them
into the public record as part of this comment period, and will fully
consider them in the preparation of our final determination.
You may submit your comments and materials concerning our proposed
rule by one of the methods listed in ADDRESSES.
We will post your entire comment--including any personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information, such as your street address, phone
number, or email address, you may request at the top of your document
that we withhold this personal identifying information from public
review. However, we cannot guarantee that we will be able to do so.
Please include sufficient information with your comments to allow us to
verify any scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, 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, Idaho Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). You may obtain copies of the proposed rule on the
Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-2011-
0096, or by mail from the Idaho Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this notice are the staff of the Idaho Fish
and Wildlife Field Office, Region 1, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 12, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-6853 Filed 3-20-12; 8:45 am]
BILLING CODE 4310-55-P