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<br />! <br /> <br />002701 <br /> <br />W AIS Document Retrieval <br /> <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. <br /> <br />[[Page 39136]] <br /> <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 <br /> <br />Tuesday, July 22, 1997 <br /> <br />Page 12 of21 <br /> <br />2:05 PM <br />