Federal Register: April 13, 2006 (Volume 71, Number 71)
DOCID: FR Doc 06-3578
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
CFR Citation: 50 CFR Part 17
RIN ID: RIN 1018-AU49
NOTICE: PROPOSED RULES
ACTION: Endangered and threatened species:
DOCUMENT ACTION: Proposed rule; reopening of public comment period and notice of public hearing.
SUBJECT CATEGORY:
Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Penstemon grahamii (Graham's beardtongue) With Critical Habitat
DATES: Comments: We will accept written comments on the proposed rule until May 19, 2006. Any comments received after the closing date may not be considered in the final determination on the proposal. Public Hearing: The public hearing will be held on Wednesday, April 26, 2006, from 7 p.m. to 9 p.m.
DOCUMENT SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule to determine threatened status and to designate critical habitat for Penstemon grahamii (Graham's beardtongue) under the Endangered Species Act of 1973 as amended (Act). Reopening the public comment period will allow an additional opportunity for interested parties to comment on the proposed rule. Comments previously submitted on the proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We will also hold a public hearing on the proposed rule.
SUMMARY:
Graham's beardtongue,
SUPPLEMENTAL INFORMATION
Public Comments Solicited
We expect any final rule resulting from the proposal to be as
accurate and effective as possible. Therefore, we are soliciting
comments from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning the proposed rule. Comments particularly are sought concerning:
Critical Habitat
We seek specific information on:
(1) Biological, commercial trade, or other relevant data concerning any threat (or lack thereof) to this species;
(2) Additional information concerning the range, distribution, and
population size of this species, including the locations of any additional populations of this species;
(3) Current or planned activities in the subject area and their possible impacts on this species;
(4) Reasons why any habitat should or should not be determined to
be critical habitat for this species pursuant to section 4 of the Act; and
(5) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat.
It is our practice to make all comments, including names and
addresses of respondents who provide that information, available for
public review following the conclusion of the rulemaking process.
Individuals may request that we withhold their name and/or address from
public disclosure. If you wish to do this, you must state this
prominently at the beginning of your comment. We will honor such
requests to the extent allowable by law, but you should be aware that
we may still be required to disclose your name and address pursuant to
the Freedom of Information Act (5 U.S.C. 552). We will make all
submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of
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organizations or businesses, available for public inspection in their
entirety. Comments and materials received will be available for public
inspection, by appointment, during normal business hours (see ADDRESSES).
All previous comments and information submitted during the initial comment period on the proposed rule need not be resubmitted. Please submit electronic comments in ASCII file format, and avoid the use of any special characters or any form of encryption. Also, please include ``Attn: RIN 1018AU49'' in the subject line, and your name and return address in your email message.
Background
On January 19, 2006, we published a proposed rule in the Federal Register (71 FR 3158) to determine Penstemon grahamii (Graham's beardtongue), a plant species from Colorado and Utah, to be a threatened species under the Act (16 U.S.C. 1531 et seq.). We further proposed to designate critical habitat for this plant. We accepted public comments on the proposed rule for 60 days, ending March 20, 2006.
Penstemon grahamii is an herbaceous perennial plant that exists in a series of small populations that extend in a narrow band from Raven Ridge west of the town of Rangely in Rio Blanco County, Colorado, westward to the vicinity of Sand Wash near the point where Carbon, Duchesne, and Uintah Counties meet in Utah's Uinta Basin. The species' habitat is a discontinuous series of exposed raw shale knolls and slopes derived from the Parachute Creek and Evacuation Creek members of the geologic Green River Formation. Most populations are associated with the surface exposure of the petroleum bearing oil shale Mahogany ledge.
Threats to the species may include degradation of the species' habitat by oil and gas exploration, drilling and field development, and tar sand and oil shale mining. Offroad vehicle use, overutilization by domestic and wild grazers, and overutilization for horticultural use also may affect some populations. These threats, in combination with small population sizes and limited distribution, could result in species' vulnerability to natural and humancaused stochastic events. The proposal, if made final, would determine threatened status for this plant and implement Federal protection under the Act.
In addition, we proposed to designate 2,102 hectares (3,504 acres) as critical habitat for P. grahamii in five units in Rio Blanco County, Colorado, and Duchesne and Uintah Counties, Utah.
Public Hearing
We will conduct a public hearing on the date and at the address described in the DATES and ADDRESSES sections above.
Anyone wishing to make an oral statement for the record is encouraged to provide a written copy of their statement and present it to us at the hearing. In the even 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 on the length of written comments submitted to us. If you have any questions concerning the public hearing, please contact the Utah Field Office (see ADDRESSES).
Persons needing reasonable accommodations in order to attend and participate in the public hearings should contact the Utah Field Office at 8019753330 as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the hearing date.
Authority
The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: April 7, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 063578 Filed 41106; 10:06 am]
BILLING CODE 431055P
FOR FURTHER INFORMATION CONTACT
John L. England, Utah Field Office (address above), telephone 8019753330, extension 138.