, 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
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