[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29998-30000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10246]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU31
Endangered and Threatened Wildlife and Plants; Opening of the
Comment Period for the Proposed and Final Designation of Critical
Habitat for the Klamath River and Columbia River Populations of Bull
Trout
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; opening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
opening of a public comment period on the proposed and final
designation of critical habitat for the Klamath River and Columbia
River populations of bull trout (Salvelinus confluentus). Due to court
action, we have determined that it would be appropriate to reevaluate
the exclusions made in the final critical habitat rule. We are opening
this comment period to allow all interested parties to comment
simultaneously on the November 29, 2002, proposed rule (67 FR 71235)
and the October 6, 2004, final rule (69 FR 59996). Copies of the
proposed and final rules, as well as the economic analysis for the
critical habitat designation, are available on the Internet at http://pacific.fws.gov/bulltrout or from the Portland Regional Office at the
address and contact numbers below.
DATES: We will accept public comments until June 24, 2005.
ADDRESSES: Written comments and materials may be submitted to us by any
one of the following methods:
1. You may submit written comments and information to John Young,
Bull Trout Coordinator, U.S. Fish and Wildlife Service, Ecological
Services, 911 NE 11th Avenue, Portland, OR 97232;
2. You may hand-deliver written comments and information to our
office, at the above address, or fax your comments to 503/231-6243; or
3. You may also send comments by electronic mail (e-mail) to
[email protected]. For
[[Page 29999]]
directions on how to submit electronic filing of comments, see the
``Public Comments Solicited'' section. In the event that our internet
connection is not functional, please submit your comments by the
alternate methods mentioned above.
FOR FURTHER INFORMATION CONTACT: John Young, at the address above
(telephone 503/231-6194; facsimile 503/231-6243).
SUPPLEMENTARY INFORMATION:
Background
We published a proposed rule to designate critical habitat for the
Klamath River and Columbia River populations of bull trout on November
29, 2002 (67 FR 71235). The proposed critical habitat designation
included approximately 18,471 miles (mi) (29,720 kilometers (km)) of
streams, and 532,721 acres (ac) (215,585 hectares (ha)) of lakes and
reservoirs on Oregon, Washington, Idaho, and Montana. The final
critical habitat designation was published on October 6, 2004 (69 FR
59996), and included approximately 1,748 mi (2,813 km) of streams and
61,235 ac (24,781 ha) of lakes and marshes. On December 14, 2004,
Alliance for the Wild Rockies et al. (plaintiffs) filed a complaint
challenging the adequacy of the final designation. In particular, the
plaintiffs challenged the exclusions made in the final rule, pursuant
to section 4(b)(2) of the Act.
Critical habitat receives protection from destruction or adverse
modification through required consultation under section 7 of the Act,
with regard to actions carried out, funded, or authorized by a Federal
agency. Section 4(b)(2) of the Act requires that ``The Secretary shall
designate critical habitat, and make revisions thereto, under
subsection (a)(3) of this section on the basis of the best scientific
data available and after taking into consideration the economic impact,
and any other relevant impact, of specifying any particular area as
critical habitat. The Secretary may exclude any area from critical
habitat if she determines that the benefits of such exclusion outweigh
the benefits of specifying such area as part of the critical habitat,
unless she determines, based on the best scientific and commercial data
available, that the failure to designate such area as critical habitat
will result in the extinction of the species concerned.''
The economic analysis estimated the potential economic effects over
a 10-year period would range from $200 to $260 million ($20 to $26
million per year) for the bull trout. It is expected that Federal
agencies will bear 70 percent of these costs. The total estimated costs
associated with bull trout consultation is expected to be $9.8 million
annually, and total project modification costs are expected to range
from $19.5 to $26.1 million annually. Economic costs were considered in
balancing the benefits of including and excluding areas from critical
habitat. The economic analysis is available on the Internet and from
the mailing address in the ADDRESSES section above.
Once the public comment period has closed, we will compile all
comments and data received and consider them for use in our
reevaluation of the final rule. We will then reconsider all of the
relevant impacts of designating the proposed areas as critical habitat
on the basis of our administrative record. We do not intend to contract
for a new formal economic analysis, but we will consider any new
information received regarding the economic impacts of the designation.
Upon completion of the reconsideration process, we will issue a new
final rule designating critical habitat for the Klamath River and
Columbia River populations of bull trout.
Public Comments Solicited
We intend that any final action resulting from our November 2002
proposal will be as accurate and as effective as possible. Therefore,
we solicit comments or suggestions from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested party concerning the portion of the proposed rule subject to
reevaluation. We will accept written comments and information during
this comment period on the November 29, 2002, proposed rule (67 FR
71235) and the October 6, 2004, final rule (69 FR 59996). On the basis
of public comment, during the development of our new final
determination, we may find that areas proposed are not essential, are
appropriate for exclusion under section 4(b)(2), or not appropriate for
exclusion. In all of these cases, this information would be
incorporated into our new final determination with respect to those
areas. We specifically seek comments on:
(1) The reasons why any of the habitat identified in this rule
should or should not be determined to be critical habitat as provided
by section 4 of the Act, including whether the benefits of exclusion
outweigh the benefits of specifying such area as part of critical
habitat;
(2) Information related to the benefits of designating any specific
areas as critical habitat for the bull trout;
(3) Information related to the benefits of excluding any specific
areas as critical habitat for the bull trout;
(4) Specific information on the amount and distribution of bull
trout habitat, and why those particular amounts and distributions of
habitat are essential to the conservation of this species;
(5) Any effects of the Ninth Circuit's recent decision in Gifford
Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 F.3d 1059
(Ninth Cir. 2004) that we should consider in our review of the final
designation of critical habitat for the Klamath River and Columbia
River populations of bull trout (69 FR 59996);
(6) Any foreseeable economic or other impacts resulting from the
designation of critical habitat, in particular, any previously
unidentified impacts on small entities or families;
(7) Whether the draft economic analysis identifies all State and
local economic costs and economic benefits attributable to the critical
habitat designation. If not, what costs and benefits are overlooked;
(8) Are the adjustments to local governments' economic data made by
the economic analysis reasonable? If not, please provide alternative
interpretations and the justification for the alternative, and/or the
reasons the interpretation in the economic analysis is not correct;
(9) Any previously unidentified impacts associated with likely
regulatory changes as a result of the designation of critical habitat;
(10) Any previously unidentified regional costs or benefits
associated with land use controls that derive from the designation, to
the extent possible economic cost or benefit analysis should be
included as the Service will not conduct additional economic analysis
on this rule;
(11) Whether the designation will result in disproportionate
economic impacts to specific areas that should be evaluated for
possible exclusion from the final designation;
(12) Some of the lands we have identified as essential for the
conservation of the bull trout were excluded from critical habitat
designation. We specifically solicit comment on the inclusion or
exclusion of such areas and:
(a) Whether these areas are essential and why;
(b) The benefits of including these areas as essential habitat;
(c) The benefits of excluding these areas as essential habitat;
(13) With specific reference to the recent amendments to sections
4(a)(3) and 4(b)(2) of the Act, we request
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information from the Department of Defense to assist the Secretary of
the Interior in making a determination as to whether to exclude
critical habitat on lands administered by or under the control of the
Department of Defense based on the benefit of an Integrated Natural
Resources Management Plan (INRMP) to the conservation of the species;
and information regarding impacts to national security associated with
designation of critical habitat; and
(14) 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.
(15) Whether contemplated changes to Federal land management plans
should be considered and if so, how.
Refer to the ADDRESSES section for information on how to submit
written comments and information. Our final determination on critical
habitat for the Klamath River and Columbia River populations of bull
trout will take into consideration all comments and any additional
information received.
Please submit electronic comments in an ASCII file format and avoid
the use of special characters and encryption. Please also include
``Attn: RIN 1018-AU31'' and your name and return address in your e-mail
message. If you do not receive a confirmation from the system that we
have received your e-mail message, please contact the Bull Trout
Coordinator (see ADDRESSES section).
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record a respondent's identity, as allowable by
law. If you wish for us to withhold your name and/or address, you must
state this prominently at the beginning of your comments. However, we
will not consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
Comments and materials received, as well as supporting
documentation used to designate critical habitat, will be available for
inspection, by appointment, during normal business hours, in the U.S.
Fish and Wildlife Service Office at the above address.
Copies of the final economic analysis and proposed and final rules
are available on the Internet at: http://pacific.fws.gov/bulltrout or
from the Bull Trout Coordinator at the address and contact numbers
above.
Author
The primary author of this notice is the U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 16, 2005.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-10246 Filed 5-24-05; 8:45 am]
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