        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        RIN 1018-AF32
        Endangered and Threatened Wildlife and Plants; Reopening of Comment Period and Notice of Availability of Draft Economic Analysis for Proposed Critical Habitat Determination for the Coastal California Gnatcatcher

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of comment period and notice of availability of draft economic analysis.

          SUMMARY:

          The U.S. Fish and Wildlife Service announces the availability of the draft economic analysis for the proposed designation of critical habitat for the coastal California gnatcatcher (Polioptila californica californica). We are also providing notice of the reopening of the comment period for the proposal to designate critical habitat for the coastal California gnatcatcher to allow all interested parties to submit written comments on the proposal and on the draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as a part of this reopened comment period and will be fully considered in the final rule.

          DATES:
          The original comment period on the critical habitat proposal closed on April 7, 2000. The comment period is again reopened and we will accept comments until July 31, 2000. Comments must be received by 5:00 p.m. on the closing date. Any comments that are received after the closing date may not be considered in the final decision on this proposal.

          ADDRESSES:
          Copies of the draft economic analysis are available on the Internet at “www.r1.fws.gov.” or by writing to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California, 92008. Written comments should be sent to the Field Supervisor at the above address. You may also send comments by electronic mail (e-mail) to “http://pacific.fws.gov/crithab/cg.” Please submit electronic comments in ASCII file format and avoid the use of special characters and encryption. Please include “Attn: [RIN 1018-AF32]” and your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, contact us directly by calling our Carlsbad Fish and Wildlife Office at phone number 760-431-9440. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above Service address.

          FOR FURTHER INFORMATION CONTACT:
          Douglas Krofta, Fish and Wildlife Biologist, Carlsbad Fish and Wildlife Office, at the above address (telephone 760-431-9440; facsimile 760-431-9624).

        SUPPLEMENTARY INFORMATION:
        Background

        The coastal California gnatcatcher is a small, insect-eating bird with dark blue-gray plumage above and grayish-white plumage below. The tail is mostly black above and below. The male has a distinctive black cap which is absent during the winter. Both sexes have a distinctive white eye-ring. The coastal California gnatcatcher is primarily restricted to sage scrub and scrub habitats found in coastal southern California and northwestern Baja California, Mexico, from Ventura and San Bernardino counties, California, south to approximately El Rosario, Mexico, at about 30° north latitude. The once-common species was federally listed as threatened in March 1993, due to habitat loss and fragmentation resulting from urban and agricultural development, and the cumulative effects of cowbird parasitism and predation (58 FR 16742). On February 7, 2000, we published a determination proposing 323,726 hectares (799,916 acres) of sage scrub and scrub habitats as critical habitat for the coastal California gnatcatcher in the Federal Register (65 FR 5946) pursuant to the Endangered Species Act of 1973, as amended (Act). Critical habitat is proposed in Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties, California, as described in the proposed determination.

        Section 4(b)(2) of the Act requires that the Secretary shall designate or revise critical habitat based upon the best scientific and commercial data available and after taking into consideration the economic impact of specifying any particular area as critical habitat. Based upon the previously published proposal to designate critical habitat for the coastal California gnatcatcher and comments received during the previous comment period, we have prepared a draft economic analysis of the proposed critical habitat designation, which is available at the above Internet and mailing address. We have reopened the comment period at this time in order to accept the best and most current scientific and commercial data available regarding the proposed critical habitat and the draft economic analysis. We will accept written comments during this reopened comment period. Previously submitted oral or written comments on this critical habitat proposal need not be resubmitted. The current comment period on this proposal closes on July 31, 2000. Written comments may be submitted to the Carlsbad Fish and Wildlife Office in the ADDRESSES section.
        Author
        The primary author of this notice is Douglas Krofta (see ADDRESSES section).

          Authority:

          The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

          Dated: June 23, 2000.
          Michael J. Spear,
          Manager, California/Nevada Operations.

      [FR Doc. 00-16511 Filed 6-28-00; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gunnison's Prairie Dog as Threatened or Endangered

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Notice; initiation of status review and request for new information.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period regarding the status of the Gunnison's prairie dog (Cynomys gunnisoni) in the contiguous United States. We are initiating this status review under a July 2, 2007, court-approved settlement agreement, in which we agreed to prepare a 12-month finding on a petition to list the species as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, the Gunnison's prairie dog.

          DATES:
          To be considered in the 12-month finding, comments must be received on or before October 29, 2007. However, we will accept new scientific and commercial information on the Gunnison's prairie dog after the official comment period closes.

          ADDRESSES:
          If you wish to provide new information, you may submit your comments and materials by any one of the following methods:
          (1) You may mail or hand-deliver written comments and information to Gunnison's Prairie Dog Comments, U.S. Fish and Wildlife Service, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506-3946.
          (2) You may electronic mail (e-mail) your comments to FW6_Gunnison's_prairie_dog@fws.gov. For directions on how to submit comments by e-mail, see the “Public Comments Solicited” section of this notice.

          FOR FURTHER INFORMATION CONTACT:
          Larry Thompson, U.S. Fish and Wildlife Service, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506-3946 (telephone 970-243-2778, extension 39).

        SUPPLEMENTARY INFORMATION:
        Public Comments Solicited

        You may submit your comments and materials concerning this status review by one of two methods (see ADDRESSES). If you use email to submit your comments, please include “Attn: Gunnison's prairie dog” in your subject header, preferably with your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your e-mail message, please contact us directly by calling our Grand Junction Fish and Wildlife Office at 970-243-2778.
        Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
        Comments and materials we receive, as well as supporting documentation used in the preparation of this status review will be available for public inspection by appointment, during normal business hours at the Grand Junction Fish and Wildlife Office, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506-3946 (telephone 970-243-2778).
        Background
        On February 23, 2004, the Service received a petition from Forest Guardians and 73 other organizations and individuals requesting that the Gunnison's prairie dog, found in Arizona, Colorado, New Mexico, and Utah, be listed as threatened or endangered, and that critical habitat be designated for the species. Action on this petition was precluded by court orders and settlement agreements for other listing actions that required nearly all of our listing funds for Fiscal Year 2004.

        On July 29, 2004, we received a 60-day notice of intent to sue for failure to complete a finding. On December 7, 2004, an amended complaint for failure to complete a finding for this and other species was filed. We reached a settlement agreement with the plaintiffs, and on February 7, 2006, we published a 90-day finding in the Federal Register (71 FR 6241) determining that the petition did not present substantial scientific information indicating that listing the Gunnison's prairie dog species may be warranted.

        On August 17, 2006, Forest Guardians and eight other organizations and individuals provided written notice of their intent to sue regarding the determination in the 90-day finding. On December 13, 2006, the plaintiffs filed a complaint challenging the finding and seeking a Court order requiring issuance of a new positive 90-day finding, and completion of a 12-month finding on the petition to list the Gunnison's prairie dog. On June 29, 2007, we reached a settlement agreement with the plaintiffs for submittal to the Federal Register of a 12-month finding by February 1, 2008, and the terms and conditions of the agreement were adopted by the court on July 2, 2007.
        Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires that, for any petition to revise the Lists of Endangered and Threatened Wildlife and Plants (Lists) that contains substantial scientific or commercial information that the petitioned action may be warranted, we make a finding within 12 months of the date of the receipt of the petition on whether the petitioned action is (a) Not warranted, (b) warranted, or (c) warranted, but that the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are threatened or endangered, and we are making expeditious progress to add or remove qualified species from the Lists.
        We are opening a 60-day comment period to allow all interested parties an opportunity to provide information on the status of the Gunnison's prairie dog and potential threats to the species. We will base our 12-month finding on a review of the best scientific and commercial information available, including information received as a result of this notice.
        We are especially seeking any new scientific information regarding the taxonomic status of the Gunnison's prairie dog; the distribution, population, and status of the Gunnison's prairie dog in Arizona, Colorado, New Mexico, and Utah, on both local and State-wide scales; and the effects and dynamics of sylvatic plague on the Gunnison's prairie dog, including its population responses to plague.
        Author
        The primary author of this document is staff from the Grand Junction, Colorado U.S. Fish and Wildlife Service office.
        Authority

        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: August 21, 2007.
          Kenneth Stansell,
          Acting Director, Fish and Wildlife Service.

      [FR Doc. E7-16941 Filed 8-27-07; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 224
        [I.D. 021607C]
        Endangered and Threatened Species; Proposed Endangered Status for the Cook Inlet Beluga Whale; Public Hearing

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearing.

          SUMMARY:

          On April 20, 2007, NMFS proposed the listing of the Cook Inlet beluga whale as an endangered species under the Endangered Species Act of 1973 (ESA), as amended. As part of that proposal, NMFS announced a public comment period to end on June 19, 2007, and then extended the comment period to August 3, 2007. NMFS has received requests for public hearings on this issue. In response, NMFS announced two public hearings to be held in Alaska and one public hearing to be held in Maryland in two previous Federal Register notices. In addition, NMFS is announcing a separate hearing in this notice that will be held in Soldotna, Alaska, in order to provide greater opportunity for public comment.

          DATES:
          The hearing will be held on July 27, 2007, from 6 to 9 p.m. in Soldotna, AK. Written comments must be received by August 3, 2007.

          ADDRESSES:
          The July 27, 2007, hearing will be held at the Kenai Peninsula Borough Assembly chambers, 144 North Binkley Street, Soldotna, AK.
          Written comments can be sent to Kaja Brix, Assistant Regional Administrator, Protected Resources Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Comments may be submitted by:
          • E-mail: CIB-ESA-Endangered@noaa.gov. Include in the subject line the following document identifier: Cook Inlet Beluga Whale PR. E-mail comments, with or without attachments, are limited to 5 megabytes.
          • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments.
          • Mail: P. O Box 21668, Juneau, AK 99802.
          • Hand delivery to the Federal Building: 709 W. 9th Street, Juneau, AK.
          • Fax: (907) 586-7557.

          FOR FURTHER INFORMATION CONTACT:
          Brad Smith, NMFS, 222 West 7th Avenue, Anchorage, AK 99517, telephone (907) 271-5006; Kaja Brix, NMFS, (907) 586-7235; or Marta Nammack, NMFS, (301) 713-1401.

        SUPPLEMENTARY INFORMATION:
        Background
        On April 20, 2007, NMFS published a proposed rule to list the Cook Inlet beluga whale as an endangered species under the Endangered Species Act of 1973 (ESA), as amended (72 FR 19854). This action followed completion of the Cook Inlet beluga whale status review, which found this population to be at risk of extinction within the next 100 years and described NMFS= determination that this population constitutes a “species”, or distinct population segment under the ESA.

        Following the publication of the proposed rule to list the Cook Inlet beluga whale as endangered, NMFS received requests to schedule public hearings on this issue. In response to these requests, NMFS published two separate notices in the Federal Register announcing public hearings in Alaska (72 FR 32605; June 13, 2007) and Maryland (72 FR 34661; June 25, 2007). Following these announcements, NMFS received an additional request for a public hearing to be held in Soldotna, AK. NMFS has decided to honor the request in order to provide additional opportunities for public comment.

        Public Hearings
        Joint Commerce-Interior ESA implementing regulations state that the Secretary shall promptly hold at least one public hearing if any person requests one within 45 days of publication of a proposed regulation to list a species or to designate critical habitat (see 50 CFR 424.16(c)(3)). In past ESA rule-making NMFS has conducted traditional public hearings, consisting of recorded oral testimony from interested individuals. This format, although providing a means for public input, does not provide opportunities for dialogue and information exchange. NMFS believes that the traditional public hearing format can be improved upon by also including a brief presentation on the results of the Cook Inlet beluga Status Review and other topics of interest.
        The preferred means for providing public comment to the official record is via written testimony prepared in advance of the meeting which may also be presented orally. Blank “comment sheets” will be provided at the meetings for those without prepared written comments, and opportunity will also be provided for additional oral testimony. There is no need to register for these hearings.

        In scheduling these public hearings, NMFS has anticipated that many affected stakeholders and members of the public may prefer to discuss the proposed listing directly with staff during the public comment period. These public meetings are not the only opportunity for the public to provide input on this proposal. The public and stakeholders are encouraged to continue to comment and provide input to NMFS on the proposal (via correspondence, e-mail, and the Internet; see ADDRESSES, above) up until the scheduled close of the comment period on August 3, 2007.
        References

        The proposed rule, status review, maps, a list of the references cited in this document, and other materials relating to the proposed listing can be found on the NMFS Alaska Region website http://www.fakr.noaa.gov/.

          Dated: July 6, 2007.
          James H. Lecky,
          Director, Office of Protected Resources, National Marine Fisheries Service.

      [FR Doc. E7-13481 Filed 7-10-07; 8:45 am]
      BILLING CODE 3510-22-S