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(' 1 I I ( ~-' Lv { ..> 60706 Federal Regisler / Vol. 69. No. 196/ Tuesday. October 12, 2004/ Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Pari 17 RIN 1018-A149 Endangered and Threatened Wildlile and Plants; Proposed Designation of Critical Habitat for Southwestern Willow Flycatcher (Empidonax Irai/Iii extimus) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. -- SUMMARY: 'vVe, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the federally endangered southwestern willow flycatcher {Empidonax trailli extimus) pursuant to the Endangered Species Act of 1973, as amended (Act). In developing this proposal, we evaluated those lands determined to be essential 10 the conservation of the southwestern willow flycatcher to ascertain if any specific areas are appropriate for exclusion from critical habitat pursuant to section 4(b)(2) of the Act. On the basis of our evaluation, \\'e have determined that the benefits of excluding certain approved and pending Habitat Conservation Plalls (HCPs) and lands O\vned and managed by the DepartlTlcnt of Defcns.e ITom cr\t)ca\ habitat for the southwestern willow flycatcher outweighs the benefits of their inclusion, and have subsequently excluded those lands from this proposed designation of critical habitat for this species pursuant to section 4(b)(2) of the Act. As such, we propose to designate 375.095 acres (ac) (152,124 hectares (hall lincluding approximately 1.556 stream miles (2.508 stream kilometersJl of critical habitat which includes various stream segments and their associated riparian areas, not exceeding the 100-year floodplain or flood prone area, all a combination of Federal, State, Tribal, and private lands in southern California (CA), southern Nevada (NV), southwestern Utah (UT), south-central Colorado (CO). Arizona (AZ), and New Mexico (NM). We hereby solicit data and comments from the public on all aspects of this proposal, including data on economic and other potential impacts of the designation. We are also specifically soliciting public comments on the appropriateness of excluding lands covered by certain approved and pending HCPs and Department of Defense lands pursuant to section 4(b)(2) of the Act from this designation. In the development of our final designation. we will incorporate or address any new information received during the public comment periods. or from our evaluation of the potential economic impacts of this proposal. As such, we may revise this proposal to address new information and/or to either exclude additional areas that may warrant exclusion pursuant to section 4[b)(2) or to add in those areas determined to be essential to the species but excluded from this proposal. DATES: We will accept comments until December 1.1, 2004. Public hearing requests must be received by November 26,2004. ADDRESSES: If vou wish to comment, you may subm-it your comments and materials concerning this proposal by anyone of several methods: 1. You may submit written comments and information to the Steve Spangle, Field Supervisor, U.S. Fish and Wildlife Service, AZ Ecological Services Office, 2321 West Roval Palm Road. Suite 103, Phoenix, AZ, 85021. 2. You mav hand-deliver written comments and information to OUf AZ Ecolugical Services Office, or fax YOllr comments to 602/242-2513. 3. You may send your comments by electronic mail (e-mail) to wiflcomments@fws.gov. For directions on how to submit electronic filing of comments, see the "Public Comments Salidted" !:.oction. All comments and materials received, as we(l as supporting documentation used in preparation of this proposed rufe. will be available for public inspection. by appointment. during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor. AZ Ecological Services Office (telephone 602/242-0210; facsimile 602/242-2513). SUPPLEMENTARY INFORMATION: Public Comments Solicited Some of the lands we have identified as essential for the conservation of the southwestern willow flycatcher are not being proposed as critical habitat. The following areas essential to the conservation of the southwestern willow flycatcher are not being proposed as crHical habitat: "mission- critical" training areas on Marine Corps Base, Camp Pendleton (Camp Pendleton), and Seal Beach Naval Weapons Station, Fallbrook Detachment: areas within San Diego Multiple Species Conservation Program (MSCP); areas in the Draft Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); and areas within the Draft City of Carl5bad Habitat Management Plan (MHCP). These areas have been excluded because we belie\'e the benefit of excluding these areas from critical habitat outweighs the benefit of including them. We are also proposing to exclude areas covered under the Roosevelt Lake Habitat Conservation Plan from the final designation of critical habitat. We specifically solicit comment on the inclusion or exclusion of such areas and: (a) Whether these areas are essential; Chi whether these areas warrant exclusion; and (c) the basis for not designating these areas as critical habitat (section 4(b)(2) of the Act): It is our intent that any final action resulting from this proposal will be as accurate as possible. Therefore. we solicit comments or suggestions from the public. other concerned governmental agencies. the scientific community, industry, or any other interested party concerning this proposed rule. Maps of proposed critical habitat are available for viewing by appointment during regular business hours at the AZ Ecological Services Office (see ADDRESSES section) or on the Internet at http://arizonaes.fws.gov. On the basis of public comment. during the development of the final rule we may find that areas proposed are not essential. are appropriate for exclusion under seclion 4(b)(z), or not appropriate {m: exdusion, and in all of these cases, this information would be incorporated into the final designation. Final management plans that address the conservation ot the southwestern willow flycatcher must be submitted to us during the public comment period so that we can take them into consideration when making our final critical habitat determination. We particularly seek comments concerning: (1) The reasons why any areas should or should not be determined to be critical habitat as provided by section 4 of the Act. including whether the benefits of designation will outweigh the benefits of excluding areas from the designation: (2) Specific information on the distribution and abundance of southwestern willow ilycatchers and their habitat, and which habitat or habitat components are essential to the conservation of this species and why: (3) Comments or information as 10 whether further clarity or specificity of the Primary Constituent Elements is necessary; (4) Land~use designations and current or planned activities in or adjacent to the areas proposed and their possible impacts on proposed critical habitat;