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, 1994 / Rules and , <br />13388 Federal Register /Vol. 59, No. 54 /Monday, March 21, Regulations <br />also impact adjacent and downstream Moab Times-Independent, Vernal their support for the critical habitat <br />reaches. The Service may recommend Express, Southern Utah News: designation, 947 expressed their <br />reduction in the scope of the project, Arizona-The Arizona Republic, opposition, and the remainder were <br />seasonal timing constraints on <br />depletions and operation, and reservoir Today's Daily News, Eastern Arizona <br />Courier, Arizona Daily Sun, Lake Powell neutral. A summary of the issues <br />brought forth from these comments and <br />releases to provide required instream Chronicle, Yuma Daily Sun: New the Service's response is provided <br />flows. Mexico-Farmington Times, Santa Fe below. <br />Expected Impacts of Designation New Mexican, Albuquerque Journal: <br />Nevada--Las Vegas Review journal; Ad„ ?inistrative Issues <br />The Service anticipates that the California-San Diego Union Tribune Issue 1: Numerous respondents stated <br />factors described in this rule and the and San Bernardino Sun. that the comment period for the Draft <br />Draft Biological Support Document will On September 15, 1993, the Service Biological Support Document, Overview <br />be used as a basis for determining the released the Draft Biological Support Document, and Economic Analysis was <br />environmental impacts of various Document to the public for comment (58 not of sufficient length to allow <br />activities on critical habitat. The Service FR 48351). The comment period on the adequate review; respondents suggested <br />also will use Recovery Action Plans proposed designation was reopened. On 120 days or more for adequate review. <br />developed within the Recovery November 12,1993, the Service Respondents suggested that public <br />Implementation Programs of the Upper published a notice announcing the hearings should be held in more <br />Baswmadlhe San Juan-River Basin-and- - -availability of the Economic Analysis, locations including all areas potentially <br />recovery plans for the razorback sucker the Overview Document, the closing impacted by the proposed designation. <br />(when developed), Colorado squawfish, <br />humpback chub, and bonytail chub . date for public comment, a request for <br />information to be used during the Service Response: On any proposal to <br />designate critical habitat, the Service is <br />during consultation to evaluate actions exclusion process and development of <br />d <br />h required to provide a minimum <br />comment period of 60 days. When a <br />within a critical habitat reach. The <br />Service also will use new information as e <br />t <br />economic exclusion criteria, an <br />dates and locations of additional public comment period is reopened, it is <br />it becomes available. <br />Federal actions proposed in critical hearings (58 FR 59979). The public <br />comment period on the proposed rule, generally for up to 30 days. The Service <br />opened a 60-day comment period on the <br />habitat reaches may or may not <br />adversely modify critical habitat, the Draft Biological Support Document, <br />and the Economic Analysis ended on proposed rule to designate critical <br />habitat for the four. endangered Colorado <br />depending on the current condition of January 11. 1994. Public hearings were River fishes. The comment period was, <br />the area and the degree of impact <br />anticipated from implementation of the held on: November 29,1993, in Salt <br />Lake City, Utah, and Las Vegas, Nevada; extended for an additional 15 days. - <br />Because the Draft Biological Support <br />project. The potential level of allowable November 30,1993, in Cheyenne. Document and Economic Analysis were <br />impacts or habitat reduction in critical <br />habitat reaches will be determined on a Wyoming, and Globe, Arizona; <br />December 1, 1993, in Grand junction, not complete at the time of the proposed <br />rule. the Service reopened the comment <br />case-by-Ow basis during section 7 Colorado, and Flagstaff, Arizona; <br />3 period for an additional 60 days rather <br />the more usua130 days. Therefore <br />than <br />consultation. - , in Farmington. New <br />December 2,199 <br />1993, in San <br />Mexico; and December 3 , <br />. <br />in total the comment period was 192 <br />Summary of Public Comment , <br />Bernardino, California. In addition to days. A longer comment period was not <br />The Service published the proposed the announcement in the Federal possible because of the court order to <br />rule to designate critical habitat on <br />January 29, 1993 (58 FR 6578). At that Register and notices in newspapers, a <br />letter was sent to all interested parties publish a final rule by March 15,1994. <br />Three public hearings were held after <br />time, the Service requested comments announoang the dates of the public publication of the proposed rule, and an <br />on all aspects of the proposal including hearings and January 11, 1994, as the additional eight public hearings were <br />the scope of impacts and benefits of the closing date for public comment. During held to receive comment on the <br />designation. A public comment period this-comment period 399 written or oral proposal including the economic <br />was opened from January 29, 1993, to comments were received. Issues analysis; one in each of the seven Basin <br />March 30.1993. On March 5, 1993, the presented by the public during the States and an additional hearing in <br />public comment period was extended to comment periods are discussed below. Arizona. Any additional hearings would <br />April 15.19,33 (58 FR 12573). During Economic and biological information not have met fiscal and time constraints <br />this initial 75-day comment period, 686 received during the comment periods of the critical habitat designation. <br />written or oral comments were received was reviewed and considered. In cases Issue 2: A few respondents suggested <br />by the Service. During the comment where the information or data provided that the Service-publish a revised <br />period, the Service held public hearings was determined to be valid, changes proposed rule to allow for additional <br />on the proposed rule at San Bernardino, were made in the economic analysis or public comment before making a final <br />California, on March 29,1993: Phoenix, to the boundaries of the critical habitat decision or that the Service should <br />Arizona, on March 30,1993; and designation. Significant economic data prepare a draft final rule and make that <br />Denver, Colorado, on March 31, 1993. In received from the public were available to the public before finalizing <br />addition to the announcement of the incorporated into the economic models <br />M the critical habitat designation. <br />onse: The standard <br />Service Res <br />public hearings in the Federal Register <br />(58 FR 12573), notices were published any <br />prior to the exclusion process. <br />economic comments received were used _ <br />p <br />rulemaking process requires preparation <br />in the following newspapers: to improve the accuracy and readability of a proposed rile followed by a final <br />Publishing a revised proposed rule <br />rule <br />Wyoming-{Casper Star-Tribune; <br />Colorado-Denver Post, Rocky of the Economic Analysis. <br />Of the 1,085 written and oral . <br />or a draft final rule is not required <br />Mountain News, Northwest Colorado <br />Press, Grand Junction Daily Sentinel, statements received during the public <br />comment periods, 599 were form letters unless revisions are necessary that will <br />result in an increased regulatory burden <br />Durango, Herald; Utah-Salt Lake <br />Tribune. Deseret News, Ogden that provided little additional <br />information on the proposed in the revised rule. Furthermore, on <br />November 19, 1993, the Court directed <br />Standard-Examiner, Sun Advocate, designation. Fifty respondents stated the Service not to publish an interim <br /> <br />1 <br /> <br /> <br /> <br />1 <br /> <br /> <br />1 <br /> <br />1 <br /> <br /> <br /> <br /> <br /> <br />k <br />