SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), propose to designate
critical habitat for the federally endangered southwestern willow flycatcher
(Empidonax trailli extimus) pursuant to the Endangered Species Act of 1973,
as amended (Act). In developing this proposal, we evaluated those lands
determined to be essential to the conservation of the southwestern willow
flycatcher to ascertain if any specific areas are appropriate for exclusion
from critical habitat pursuant to section 4(b)(2) of the Act. On the basis
of our evaluation, we have determined that the benefits of excluding certain
approved and pending Habitat Conservation Plans (HCPs) and lands owned and
managed by the Department of Defense from critical habitat for the
southwestern willow flycatcher outweighs the benefits of their inclusion,
and have subsequently excluded those lands from this proposed designation of
critical habitat for this species pursuant to section 4(b)(2) of the
Act. As such, we propose to designate 376,095 acres (ac) (152,124
hectares (ha)) [including approximately 1,556 stream miles (2,508 stream
kilometers)] of critical habitat which includes various stream segments and
their associated riparian areas, not exceeding the 100- year floodplain or
flood prone area, on a combination of Federal, State, Tribal, and private
lands in southern California (CA), southern Nevada (NV),
southwestern Utah (UT), south-central Colorado (CO), Arizona (AZ), and New
Mexico (NM). We hereby solicit data and comments
from the public on all aspects of this proposal, including data on economic
and other potential impacts of the designation. We are also specifically
soliciting public comments on the appropriateness of excluding lands covered
by certain approved and pending HCPs and Department of Defense lands
pursuant to section 4(b)(2) of the Act from this
designation. In the development of our final designation,
we will incorporate or address any new information received during the
public comment periods, or from our evaluation of the potential economic
impacts of this proposal. As such, we may revise this proposal to address
new information and/or to either exclude additional areas that may warrant
exclusion pursuant to section 4(b)(2) or to add in those areas
determined to be essential to the species but excluded from this
proposal.
DATES: We will accept comments until December 13, 2004.
Public hearing requests must be received by November 26,
2004.
ADDRESSES: If you wish to comment, you may submit your comments and
materials concerning this proposal by any one of several
methods: 1. You may submit written comments and
information to the Steve Spangle, Field Supervisor, U.S. Fish and Wildlife
Service, AZ Ecological Services Office, 2321 West Royal Palm Road, Suite
103, Phoenix, AZ, 85021. 2. You may hand-deliver
written comments and information to our AZ Ecological Services Office, or
fax your comments to 602/242-2513. 3. You may send your
comments by electronic mail (e-mail) to wiflcomments@xxxxxxx. For directions
on how to submit electronic filing
of comments, see the ``Public
Comments Solicited'' section. All comments and materials
received, as well as supporting documentation used in preparation of this
proposed rule, will be available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER
INFORMATION CONTACT: Steve Spangle, Field Supervisor, AZ Ecological Services
Office (telephone 602/242-0210; facsimile 602/242- 2513).
Following
the final listing, we took no immediate action on the proposal to designate
critical habitat due to a listing moratorium and a series of rescissions of
listing funds imposed by Congress from April 1995 to April 1996. On March
20, 1997, the U.S. District Court of Arizona, in response to a suit by the
(Southwest) Center for Biological Diversity, ordered us to designate
critical habitat for the southwestern willow flycatcher within 120 days. On
July 22, 1997, we published a final critical habitat designation for
southwestern willow flycatcher along 964 river km (599 river mi) in AZ, CA,
and NM (62 FR 39129) (USFWS 1997a). We published a correction notice on
August 20, 1997, on the lateral extent of critical habitat (62 FR 44228)
(USFWS 1997b). As a result of a suit from the New
Mexico Cattlegrower's Association initiated in March 1998, on May 11, 2001,
the 10th Circuit Court of Appeals vacated (i.e., set aside) critical
habitat, citing a faulty economic analysis, and instructed us to issue a new
critical habitat designation. On September 30, 2003, in a complaint brought
by the Center for Biological Diversity, the U.S. District Court of New
Mexico instructed us to propose critical habitat by September 30, 2004,
and publish a final rule by September 30, 2005. On January 21, 2004, we
published a Notice of Intent to prepare an Environmental Assessment
pursuant to NEPA and announced scoping meetings (69 FR 2940). We
requested public comments on information about the flycatcher,
management plans, and the scope of the environmental analysis, including
alternatives that should be analyzed. We also held eight public scoping
meetings in January and February, 2004, in Phoenix, AZ; Silver City and
Albuquerque, NM; Alamosa, CO; Las Vegas, NV; and Lake Isabella, Chino, and
Escondido, CA.
