[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Proposed Rules]
[Pages 6871-6874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02415]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0010: 4500030114]
RIN 1018-AZ42


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Spring Pygmy Sunfish

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our October 2, 2012, proposed 
designation of critical habitat for the spring pygmy sunfish (Elassoma 
alabamae) under the Endangered Species Act of 1973, as amended (Act). 
In accordance with section 4(b)(2) of the Act, we are considering 
excluding from the final designation of critical habitat lands covered 
by three candidate conservation agreements with assurances (CCAAs), 
based on the conservation benefit these agreements provide the species, 
the positive relationship we have with these landowners, and the 
potential that this action would provide an incentive for the 
establishment of additional CCAAs in the future. This comment period 
will allow all interested parties an opportunity to comment on the 
benefits of the exclusion or inclusion of lands covered by these 
existing CCAAs, particularly those lands under two recently established 
CCAAs. We will also accept comments on any other aspect of the proposed 
critical habitat rule. Comments previously submitted need not be 
resubmitted, as they will be fully considered in preparation of the 
final rule.

DATES: We will consider comments received or postmarked on or before 
March 7, 2014. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the October 
2, 2012, proposed rule and the April 29, 2013, publication on the 
Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2013-
0010. Copies of established CCAAs within proposed critical habitat can 
be found at http://www.fws.gov/mississippiES/. Documents may also be 
obtained by mail from the Mississippi Ecological Services Field Office 
(see FOR FURTHER INFORMATION CONTACT).
    Written comments: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2013-0010, 
which is the docket number for the critical habitat portion of the 
proposed rulemaking. You may submit a comment by clicking on ``Comment 
Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R4-ES-2013-0010; 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 details).

FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor, 
Mississippi Ecological Services Field Office, 6578 Dogwood View 
Parkway, Jackson, MS 39213; by telephone (601-321-1122); or by 
facsimile (601-965-4340). If you use a telecommunications device for 
the deaf (TDD), please call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

[[Page 6872]]

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed designation of critical habitat 
for the spring pygmy sunfish that was published in the Federal Register 
on October 2, 2012 (77 FR 60180), and the revision to the proposed 
boundaries of Unit 1 described in our April 29, 2013, publication (78 
FR 25033). We will consider information and recommendations we receive 
from all interested parties. We intend that any final action resulting 
from this proposal will be based on the best scientific and commercial 
data available and be as accurate and as effective as possible.
    We request comments or information from the public or from any 
interested party on any aspect of the proposed designation of critical 
habitat. However, 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 that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat is not 
prudent.
    (2) Information on whether the benefits of the exclusion of lands 
covered by existing CCAAs (Belle Mina Farms Ltd., McDonald Farm, Horton 
Farm), or any other particular area, outweigh the benefits of inclusion 
under section 4(b)(2) of the Act.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    If you submitted comments or information on the proposed rule (77 
FR 60180) during the initial comment period from October 2, 2012, to 
December 3, 2012, or during the second comment period from April 29, 
2013, to May 29, 2013 (78 FR 25033), please do not resubmit them. We 
have incorporated them into the public record as part of the previous 
two comment periods, and we will fully consider them in the preparation 
of our final determination.
    You may submit your comments and materials concerning the proposed 
critical habitat rule by one of the methods listed in the ADDRESSES 
section. We request that you send comments only by the methods 
described in the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment 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.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, are available for 
public inspection on http://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0010, or by appointment, during normal business hours, at the 
U.S. Fish and Wildlife Service, Mississippi Ecological Services Field 
Office (see FOR FURTHER INFORMATION CONTACT).

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for the spring pygmy sunfish in 
this document. For more information on previous Federal actions 
concerning the spring pygmy sunfish, or information regarding its 
biology, status, distribution, and habitat, refer to the proposed rule 
published in the Federal Register on October 2, 2012 (77 FR 60180), and 
the April 29, 2013, publication reopening the comment period and 
announcing the availability of a draft economic analysis (78 FR 25033), 
both of which are available online at http://www.regulations.gov at 
Docket No. FWS-R4-ES-2013-0010 or by mail from the Mississippi 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
    In our October 2, 2012, proposed rule (77 FR 60180), we proposed to 
list the spring pygmy sunfish as threatened and to designate two 
critical habitat units, totaling approximately 8 stream miles (mi) 
(12.9 kilometers (km)) and 1,617 acres (ac) (654.4 hectares (ha)) 
spring system habitat and adjacent upland buffer in Limestone County, 
Alabama. On April 29, 2013 (78 FR 25033), we re-opened the comment 
period on our proposal for 30 days to allow public comment on the 
amended required determinations section of the proposal, the draft 
economic analysis, and a proposed size reduction in critical habitat 
based on information we received during the original public comment 
period. Specifically, we proposed to reduce the size of Unit 1 by 67.6 
ac (27.6 ha), resulting in a revised proposed critical habitat 
designation totaling approximately 8 stream mi (12.9 km) and 1,549.4 ac 
(627.02 ha). In that document, we also announced that we would prepare 
separate final rules for the proposed listing and the proposed critical 
habitat designation. On October 2, 2013, we published a final rule 
designating the spring pygmy sunfish as a threatened species under the 
Act (78 FR 60766).

Candidate Conservation Agreements With Assurances (CCAAs)

    We have worked with key landowners over the years on the 
conservation of this species and its habitat on their lands. In June 
2012, we entered into a CCAA with Belle Mina Farms Ltd. The CCAA 
provides conservation benefits to the sunfish in 24 percent of the 
habitat occupied by the species. On October 1, 2013, we published a 
notice of availability in the Federal Register (78 FR 60307) and 
requested comments on issuance of enhancement of survival permits and 
associated CCAAs for the spring pygmy sunfish for two additional 
landowners: Mr. Albert C. McDonald of Greenbriar Enterprises LLC 
(applicant McDonald Farm) and Ms. Katherine H. Garrett of Greenbrier 
Enterprises LLC (applicant Horton Farm). In November 2013, following 
the close of the comment period on October 31, 2013, and after review 
by the Service of all comments, the Service and the landowners signed 
the CCAAs. Conservation measures set forth in these CCAAs are similar 
to those in the Belle Mina Farms Ltd. CCAA and provide protection for 
19 percent of the species' habitat within the middle reach of the 
Beaverdam Spring/Creek system. Specific information on the contents of 
the McDonald and Horton Farms CCAAs can be found in our October 1, 2013 
(78 FR 60307), notice of availability and at http://www.fws.gov/mississippiES/.
    In our October 2, 2012, proposed rule, we presented information on 
the Belle Mina Farms Ltd. CCAA, and specifically requested comments on 
the benefits of including or excluding these lands from critical 
habitat designation. Since the McDonald and Horton Farms CCAAs were 
executed after the close of both earlier comment periods on the 
proposed critical habitat designation, we are again reopening the 
comment period to ensure that the public has an adequate opportunity to 
review and comment on the benefits of including or excluding the lands 
covered by the McDonald and Horton Farms CCAAs from the designation of 
critical habitat for this species. As a reference, we have included a 
map below showing the location of lands covered by all three CCAAs in 
relation to the proposed

[[Page 6873]]

critical habitat boundaries for Unit 1. Except for the overlay with the 
CCAA areas, the boundaries of Unit 1 shown in the map below are not 
changed from what we proposed in the April 29, 2013, publication (78 FR 
25033). We intend to issue a final critical habitat determination in 
2014.
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[GRAPHIC] [TIFF OMITTED] TN05FE14.002

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Critical Habitat

    Section 3 of the Act defines critical habitat as the specific areas 
within the geographical 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 geographical 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 critical habitat must consult

[[Page 6874]]

with us on the effects of their proposed actions, under section 7(a)(2) 
of the Act.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific data available, after 
taking into consideration the economic impact, impact on national 
security, or any other relevant impact of specifying any particular 
area as critical habitat. 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.
    When considering the benefits of inclusion for an area, we consider 
the additional regulatory benefits that area would receive from the 
protection from adverse modification or destruction as a result of 
actions with a Federal nexus (activities conducted, funded, permitted, 
or authorized by Federal agencies), the educational benefits of mapping 
areas containing essential features that aid in the recovery of the 
listed species, and any benefits that may result from designation due 
to State or Federal laws that may apply to critical habitat.
    When considering the benefits of exclusion, we consider, among 
other things, whether exclusion of a specific area is likely to result 
in conservation; the continuation, strengthening, or encouragement of 
partnerships; or implementation of a management plan. In the case of 
the spring pygmy sunfish, the benefits of critical habitat include 
public awareness of the presence of the species and the importance of 
habitat protection, and, where a Federal nexus exists, increased 
habitat protection for this species due to protection from adverse 
modification or destruction of critical habitat. In practice, 
situations with a Federal nexus exist primarily on Federal lands or for 
projects undertaken by Federal agencies.
    We are considering excluding all areas covered by the Belle Mina 
Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on our 
partnerships with the landowners and the conservation benefits that 
these agreements afford the sunfish. However, the final decision on 
whether to exclude any areas will be based on the best scientific and 
commercial data available at the time of the final designation, 
including information obtained during the comment periods and 
information about the economic impact of designation.

Authors

    The primary authors of this notice are the staff members of the 
Mississippi Ecological Services Field Office and the Regional Office-
Ecological Services Program, Southeast Region, 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: January 29, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2014-02415 Filed 2-4-14; 8:45 am]
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