44228 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

Species

Historic range

Vertebrate population

where endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

Do ................ ......do ................. ......do ............................. U.S.A. (CO, FL, ID, NM,

UT, WY).

XN 487, 621 ...... NA 17.84(h)

* * * * * * *

2. Section 17.95(b) is amended by

deleting the map showing whooping

crane critical habitat throughout the

United States and Canada, and by

deleting the maps and descriptions of

critical habitat for the whooping crane

in the States of Colorado, Idaho, and

New Mexico.

Dated: August 14, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 97–22087 Filed 8–15–97; 3:33 p.m.]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AB97

Endangered and Threatened Wildlife

and Plants; Final Determination of

Critical Habitat for the Southwestern

Willow Flycatcher; Correction

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule; correction.

SUMMARY: On July 22, 1997, the U.S.

Fish and Wildlife Service (Service)

designated critical habitat for the

southwestern willow flycatcher

(Empidonax traillii extimus), a species

federally listed as endangered under the

authority of the Endangered Species Act

of 1973, as amended (62 FR 39129).

When proposed (58 FR 39495), the

lateral extent of critical habitat for the

southwestern willow flycatcher was

defined as ‘‘* * * within 100 meters of

the edge of areas with surface water

during the May to September breeding

season and within 100 meters of areas

where such surface water no longer

exists owing to habitat degradation but

may be recovered with habitat

rehabilitation.’’ In the final rule (62 FR

39129), the Fish and Wildlife Service

mistakenly identified the lateral extent

of each river mile designated to include

areas within the 100-year floodplain.

The Service herein revises the lateral

extent of designated critical habitat to be

within 100 meters of the edge of areas

with surface water during the May to

September breeding season and within

100 meters of areas where such surface

water no longer exists owing to habitat

degradation but may be recovered with

habitat rehabilitation. This includes

areas with thickets of riparian trees and

shrubs and areas where such riparian

vegetation does not currently exist but

may become established with natural

regeneration or habitat rehabilitation.

The Service, given the time

constraints of complying with a court

order, decided to designate critical

habitat as it was proposed in 1993. This

decision was made, in part, because any

changes that would result in significant

additions to the proposed critical

habitat might require a new proposal

and comment period, and the Service

had neither sufficient time nor resources

available. The only changes from the

proposed rule that the Service intended

to make in the final rule were the

deletion of some minor areas that were

found to have been proposed in error.

See 62 FR 39136. The change in the

lateral extent of critical habitat between

the proposed and final rules was

inadvertent and inconsistent with the

intent of the Service. Because of its

efforts to comply with the courtimposed deadline, the Service did not

become aware of this error prior to the

publication of the final rule.

The Service finds that notice and

public procedure on this correction are

impracticable, unnecessary, and

contrary to the public interest pursuant

to 5 U.S.C. 553(b)(B). The public has

already had the opportunity to comment

on the substance of this correction, as it

is the language of the original proposal.

The final rule’s deviation from the

proposal in this regard was unintended

by the Service. Because the rule which

this rule corrects becomes effective on

August 21, 1997, this correction must

also become effective at that time in

order to avoid unnecessary confusion.

EFFECTIVE DATE: August 21, 1997.

ADDRESSES: The complete

administrative record for this rule is on

file at the U.S. Fish and Wildlife

Service, Arizona Ecological Services

Office, 2321 W. Royal Palm Road, Suite

103, Phoenix, Arizona 85021. The

complete file for this rule will be

available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr.

Sam F. Spiller, Field Supervisor,

Arizona Ecological Services Office, U.S.

Fish and Wildlife Service, at the above

address (Telephone 602/640–2720).

§ 17.95 [Corrected]

Accordingly, under the authority of

16 U.S.C. 1361–1407, 1531–1544, 4201–

4245, Pub. L. 99–625, 100 Stat. 3500,

throughout the preamble and the final

rule for the southwestern willow

flycatcher (Empidonax traillii extimus)

published on July 22, 1997, the phrase

‘‘within the 100 year floodplain’’ is

revised to read ‘‘within 100 meters of

the edge of areas with surface water

during the May to September breeding

season and within 100 meters of areas

where such surface water no longer

exists owing to habitat degradation but

may be recovered with habitat

rehabilitation.’’ In addition, on page

39137, column 1, paragraph 4, the last

sentence should be deleted and replaced

with the following: ‘‘However, the

proposed rule established the lateral

boundaries of critical habitat as within

100 meters of the edge of areas with

surface water during the breeding

season, and changing the lateral

boundaries of critical habitat would

result in significant additions to the

areas proposed in 1993. Because there

has been no proposed rulemaking for

these additions, the Service determines

that the lateral boundaries of critical

habitat will remain, as proposed, within

100 meters of the edge of areas with

surface water during the breeding

season. The Service believes that these

criteria provide reasonable critical

habitat for the flycatcher, but recognizes

that criteria that incorporate the

dynamic nature of riparian habitat, such

as the 100-year floodplain, may be

appropriate and will take this into

consideration should critical habitat for

this species be revised.’’

Dated: August 14, 1997.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 97–22086 Filed 8–15–97; 3:33 pm]

BILLING CODE 4310–55–P