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Ms. Nell Phillips <br />August 10, 2001 <br />Page 2 <br />saying "that probably wouldn't be critical habitat. It was quite confusing for the general public <br />to know exactly what specific parcels would be designated. <br />Perhaps of greatest concern regarding the Proposed Designation is the fact that USFWS has not <br />completed the economic impact analysis which is required in § 4(b)(2) of the Endangered <br />Species Act (ESA) and an environmental analysis under the National Environmental Policy Act. <br />As the Tenth Circuit Court made clear in New Mexico Cattle Growers Association v. U.S. Fish <br />and Wildlife Service, Congress intended that the USFWS conduct a full and.complete analysis of <br />all economic impacts of a critical habitat designation. Section 4(b)(2) of the ESA states that <br />"[t]he Secretary shall designate critical habitat ... after taking into consideration the economic <br />impact, and any other relevant impact, of specifying any particular area as critical habitat" <br />(emphasis supplied). By presenting a general Proposed Designation on maps and photos without <br />any underlying documentation, the USFWS has made it extremely difficult for any informed or <br />useful review and commentary by concerned individuals and entities. <br />For these reasons, it is imperative that USFWS provide: <br />The economic and environmental impact analysis of the Proposed Designation as <br />required by the Endangered Species Act § 4(b)(2). <br />2. maps which show both the general boundaries of the areas along the Platte, Niobrara and <br />Loup Rivers proposed for designation as piping plover critical habitat and the delineation <br />of the specific tracts of land proposed to be designated and/or the location of all lands <br />excluded from the designation sufficient to allow members of the public to easily <br />ascertain which areas are included in the designation and those that are not. <br />Republish the Notice for the "Proposed Designation of Critical Habitat for the Northern <br />Great Plains Breeding Population of the Piping Plover" which includes the information in <br />1 and 2 above. <br />4. Provide all persons and entities 120 days from the republication of the Notice in which to <br />file comments on the Proposed Designation. <br />In addition to the above, I suggest that the USFWS consider excluding, at least for now, the <br />Central Platte River portion of the Proposed Designation. We are concerned that the proposal is <br />not based on a consistent application of the criteria relating to "primary constituent elements." <br />Reasons used for exclusion of other rivers, e.g. limited documented nesting, could appropriately <br />be used as reasons for excluding this portion of the Platte at this time, A concerted effort is <br />being made by the States of Nebraska, Wyoming and Colorado together with the USFWS to <br />develop a program under the Cooperative Agreement. If that program is implemented, the <br />Central Platte will have an increased availability of nesting sites, but will also be eligible for <br />such an exclusion because the program will include conservation management plans that <br />