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<br />002701
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<br />W AIS Document Retrieval
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<br />specific impacts.
<br />The designation of critical habitat does not imply that lands
<br />outside of critical habitat do not play an important role in the
<br />conservation of Empidonax traillii extimus. Federal activities outside
<br />of critical habitat are still subject to review under section 7 if ~hey
<br />may affect E. t. extimus.. Prohibitions of Section 9 also continue to
<br />apply both inside and outside of designated critical habitat.
<br />
<br />Summary of Comments and Recommendations
<br />
<br />In the July 23, 1993, proposed rule to list the Empidonax traillii
<br />extimus as endangered with critical habitat (58 FR 39495), all
<br />interested parties were requested to submit comments or information
<br />that might bear on the listing of or designation of critical habitat
<br />for the southwestern willow flycatcher. The comment period was
<br />originally scheduled to close October 21, 1993, but was extended to
<br />November 30, 1993. Appropriate State agencies, Federal agencies, county
<br />governments, scientific organizations, and other interested parties
<br />were contacted and requested to comment. Newspaper notices inviting
<br />public comment were published in the following newspapers: In
<br />California, the Los Angeles Times, L.A. Watts Times, Kern Valley Sun,
<br />and San Diego Union-Tribune; in Arizona, the Arizona Daily Sun, Arizona
<br />Republic, Tucson Daily Citizen, White Mountain Independent, and Arizona
<br />Daily Star; in New Mexico, the Albuquerque Journal, Albuquerque
<br />Tribune, Santa Fe New Mexican, Carlsbad Current-Argus, Silver City
<br />Daily Press; in Nevada, the Las Vegas Sun; in Colorado, the Durango
<br />Herald; in Utah, the Daily Spectrum; and in Texas, the El Paso Times.
<br />The inclusive dates of publications were August 31 through September
<br />13, 1993, for the initial comment period and October 28 through
<br />November 5, 1993, for the public hearings and extension of public
<br />comment period.
<br />The Service held six public hearings. Three of these were held in
<br />anticipation of interest in the proposed rule, and three additional
<br />were held in response to requests from the public. A notice of the
<br />hearing dates and locations was published in the Federal Register on
<br />October 18, 1993 (58 FR 53702). Approximately 424 people attended the
<br />hearings. Approximately 17 people attended the hearing in Tucson, AZ;
<br />27 in Flagstaff, AZ; 10 in Las Cruces, NM; 12 in Albuquerque, NM; 350
<br />in Lake Isabella, CA; and 8 in San Diego, CA. Transcripts of these
<br />hearings are available for inspection (see ADDRESSES section).
<br />A second public comment period was held from February 27, 1995, to
<br />April 28, 1995, during which comments were solicited on proposed
<br />critical habitat. A total of 3,240 written and oral responses was
<br />received during the two public comment periods. All comments received
<br />were reviewed for substantive issues and new data regarding critical
<br />habitat and the southwestern willow flycatcher. Comments of a similar
<br />nature are grouped into a number of general issues. Ten general issues
<br />were identified relating specifically to proposed critical habitat.
<br />These are addressed in the following summary.
<br />Issue 1: Development of conservation agreements would be more
<br />effective in providing a net benefit to the southwestern willow
<br />flycatcher than designation of critical habitat, and existing
<br />agreements make designation of criti~al habitat unnecessary in some
<br />areas.
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<br />[[Page 39136]]
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<br />Service Response: The Service agrees that implementation of
<br />comprehensive conservation agreements could effectively protect and
<br />enhance both occupied and unoccupied habitat for the southwestern
<br />willow flycatcher, and also have the potential to provide for recovery
<br />of the species. Toward this end, the U.S. Marine Corps and the State of
<br />California have both worked with the Service to develop ecosystem-
<br />oriented conservation plans that the Service believes will be highly
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