[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Proposed Rules]
[Pages 63067-63069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25720]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI26
Endangered and Threatened Wildlife and Plants; Critical Habitat
Designation for Four Vernal Pool Crustaceans and Eleven Vernal Pool
Plants in California and Southern Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of public hearing.
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SUMMARY: We, the Fish and Wildlife Service (Service), provide notice
that we are holding three public hearings to take oral comments
regarding the proposed rule to designate critical habitat for 4
crustaceans and 11 plants endemic to vernal pools in California and
southern Oregon.
DATES: We will hold public hearings and a public informational meeting
at the following dates and times:
October 22, 2002:
San Luis Obispo, CA
First public hearing: 1 p.m. until 3 p.m.; registration begins at
12:30 p.m. Second public hearing: 6 p.m. until 8 p.m.; registration
begins at 5:30 p.m. October 24, 2002:
Sacramento, CA
First public hearing: 1 p.m. until 3 p.m.; registration begins at
12:30 p.m.
Second public hearing: 6 p.m. until 8 p.m.; registration begins at
5:30 p.m.
Medford, OR
Public informational meeting: 1:30
[[Page 63068]]
p.m. until 3:30 p.m.
Public hearing: 6 p.m. until 8 p.m.; registration begins at 5:30
p.m.
Written comments on the proposed rule (67 FR 59884) must still be
received by the date published in the proposed rule.
ADDRESSES: The public hearings and public informational meeting will be
held at the following locations:
San Louis Obispo, CA: Embassy Suites, 333 Madonna Road.
Sacramento, CA: Radisson Hotel, 500 Leisure Lane.
Medford, OR: Red Lion Hotel, 200 N. Riverside Avenue.
Written comments and materials concerning the proposed critical
habitat designation for 4 vernal pool crustaceans and 11 vernal pool
plants in California and Southern Oregon (67 FR 59884) should be sent
to Wayne S. White, Field Supervisor, Sacramento Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 2800 Cottage Way Room W-2605,
Sacramento, CA 95825. Written comments may also be sent by facsimile to
916/414-6713 or through the internet to [email protected]. You
may also hand-deliver written comments to our Sacramento Fish and
Wildlife Office, at the above address, or at any of the public hearings
mentioned above.
Comments and materials received, as well as supporting
documentation used in the preparation of the proposed critical habitat
designation rule, will be available for public inspection, by
appointment, during normal business hours, at the above address. You
may obtain copies of the proposed rule from the above address, by
calling 916/414-6600, or from our Web site at http://sacramento.fws.gov.
FOR FURTHER INFORMATION CONTACT: Arnold Roessler or Susan Moore at the
above address (telephone 916/414-6600, facsimile 916/414-6713 or visit
our Web site at http://sacramento.fws.gov/). Information regarding this
proposal is available in alternative formats upon request.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2002, we published a proposed rule to designate
critical habitat, pursuant to the Endangered Species Act of 1973, as
amended (Act) for 4 vernal pool crustaceans and 11 vernal pool plants
(67 FR 59884). The purpose of the public hearings announced here is to
take oral comments on the proposed critical habitat designation.
Critical habitat consists of specific areas on which are found
physical or biological characteristics essential to the conservation of
a threatened or endangered species. The designation of critical habitat
does not establish a preserve or regulate purely private uses of land.
However, the Act does require Federal agencies to avoid taking actions
that are likely to result in the destruction or adverse modification of
critical habitat and to consult with us regarding how to best to avoid
such destruction or adverse modification. Critical habitat designations
also inform the public regarding areas of special importance for the
conservation of the threatened or endangered species involved.
The four vernal pool crustaceans involved in this critical habitat
designation are the Conservancy fairy shrimp (Branchinecta
conservatio), longhorn fairy shrimp (Branchinecta longiantenna), vernal
pool fairy shrimp (Branchinecta lynchi) and vernal pool tadpole shrimp
(Lepidurus packardi). The eleven vernal pool plant species are Butte
County meadowfoam (Limnanthes floccosa ssp. californica), Contra Costa
goldfields (Lasthenia conjugens), Hoover's spurge (Chamaesyce hooveri),
succulent (or fleshy) owl's-clover (Castilleja campestris ssp.
succulenta), Colusa grass (Neostapfia colusana), Greene's tuctoria
(Tuctoria greenei), hairy Orcutt grass (Orcuttia pilosa), Sacramento
Orcutt grass (Orcuttia viscida), San Joaquin Valley Orcutt grass
(Orcuttia inaequalis), slender Orcutt grass (Orcuttia tenuis), and
Solano grass (Tuctoria mucronata). We are proposing a total of 128
units of critical habitat for these 15 species, totaling approximately
672,920 hectares (ha) (1,662,762 acres (ac)) in 36 counties in
California and one county in Oregon.
All the species listed above live in vernal pools (shallow
depressions that hold water seasonally), swales (shallow drainages that
carry water seasonally), and ephemeral freshwater habitats. None are
known to occur in riverine waters, marine waters, or other permanent
bodies of water. The vernal pool habitats of these species have a
discontinuous distribution west of the Sierra Nevada that extends from
southern Oregon through California into northern Baja California,
Mexico. The species have all adapted to the generally mild climate and
seasonal periods of inundation and drying which help make the vernal
pool ecosystems of California and southern Oregon unique.
Public Comments Solicited
We solicit additional information and comments that may assist us
in making a final decision on the proposed rule to designate critical
habitat for 4 vernal pool crustaceans and 11 vernal pool plants. We
intend our final critical habitat designation to identify as accurately
and effectively as possible those areas possessing characteristics
essential to the conservation of the species. We will also take into
account any economic or other impacts which this designation might
cause. Therefore, we request comments and additional information from
the general public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule. Comments are particularly sought
concerning:
(1) The reasons why any habitat should or should not be determined
to be critical habitat as provided by section 4 of the Act, including
whether areas under consideration require additional special
management;
(2) Specific information on the amount and distribution of any of
the vernal pool crustaceans or vernal pool plants and what habitat is
essential to the conservation of these species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
in particular, in Oregon, we seek information related to potential of
selected parcels to contribute to the species recovery, considering
their zoning, adjacent land uses, watershed integrity, and potential
for edge effects (related to shape of parcel);
(4) Any foreseeable economic or other impacts resulting from the
proposed designation of critical habitat, in particular, any impacts on
small entities or families;
(5) Economic and other values associated with designating critical
habitat for vernal pool crustaceans and vernal pool plants such as
those derived from non-consumptive uses (e.g., hiking, camping, bird-
watching, enhanced watershed protection, improved air quality,
increased soil retention, ``existence values,'' and reductions in
administrative costs);
(6) Whether any areas should be excluded pursuant to section
4(b)(2); and
(7) Whether our approach to critical habitat designation could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concern and comments.
Anyone wishing to make an oral comment or statement for the record
at any of the hearings listed above is encouraged (but not required) to
also provide a written copy of the statement and to present it to us at
the hearing.
[[Page 63069]]
Oral comments will be transcribed. 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
to the length of written comments presented at the hearing or mailed,
faxed or emailed to us. Legal notices announcing the date, time, and
location of the public hearings will be published in newspapers
concurrently with this Federal Register notice. We will hold public
informational meetings in various locations in California and will
publicize the dates and locations in the local news media.
Persons needing reasonable accommodations in order to attend and
participate in the public hearing should contact Patti Carroll at 503/
231-2080 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the hearing
date.
Previously submitted written comments on this proposal need not be
resubmitted. Please submit electronic mail comments as an ASCII file
and avoid the use of special characters and any form of encryption.
Please also include ``Attn: [RIN 1018-AI26]'' and your name and return
address in your electronic message. If you do not receive a
confirmation from our system that we have received your e-mail message,
contact us directly by calling our Sacramento Fish and Wildlife Office
at telephone number 916/414-6600. Comments and materials received will
be available for public inspection, by appointment, during normal
business hours at the Sacramento Fish and Wildlife Office, at the above
address.
Author
The primary author of this notice is Glen Tarr (see ADDRESSES
section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: October 1, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-25720 Filed 10-9-02; 8:45 am]
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