[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Page 3241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1506]
[[Page 3241]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC33
Endangered and Threatened Wildlife and Plants; Notice of
Availability of Regulatory Flexibility Analysis for the Designation of
Critical Habitat for the Marbled Murrelet
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; document availability.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces
availability of a Regulatory Flexibility Analysis examining the effects
on small entities of the designation of critical habitat for the
marbled murrelet. This is the Regulatory Flexibility Analysis for the
final rule published on May 24, 1996 (61 FR 26251).
ADDRESSES: Requests for copies of the Regulatory Flexibility Analysis
should be directed to the State Supervisor, U.S. Fish and Wildlife
Service, 2600 S.E. 98th Avenue, Suite 100, Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT: Russell D. Peterson, Oregon State
Supervisor, at the above address, telephone (503) 231-6179.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 1994, the Service published a proposed rule for the
designation of critical habitat for the marbled murrelet (59 FR 3811).
The Service significantly amended its proposed critical habitat
designation and published a supplemental proposed rule on August 10,
1995 (60 FR 40892). Based on the Service's interpretation of Public Law
104-6 as prohibiting the expenditure of funds for making a final
determination of critical habitat, the record was closed and the
comments archived at the end of the public comment period. On February
29, 1996, a Federal Judge ordered the Service to complete the final
designation by May 15, 1996. The final rule was published on May 24,
1996 (61 FR 26251).
Section 3(5) of the Endangered Species Act defines critical habitat
as those specific areas which contain physical or biological features
essential to the conservation of the species and which may require
special management considerations or protection (16 U.S.C. 1532(5)).
Designations of critical habitat are made upon the basis of the ``best
scientific data available'' after taking into account the economic and
other relevant impacts of specifying any area as critical habitat (16
U.S.C. 1533(b)(2)). The final critical habitat for the marbled murrelet
identified 32 critical habitat units encompassing approximately
1,582,600 hectares (3,907,660 acres) of Federal and non-Federal lands.
When the final rule was published, the Department of the Interior
found that timely compliance with the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) was impracticable in light of the emergency
situation resulting from the court order. Completion of a Regulatory
Flexibility Analysis was deferred. The analysis has now been completed,
and it concludes that the designation of critical habitat for the
marbled murrelet will not have a significant impact on a substantial
number of small entities. There is a limited effect on small entities
from critical habitat designation on Federal lands or the issuance of
Federal permits, and there is only a minor effect on regional timber
supply from the application of Washington State Forest Practices tied
to Federal critical habitat designation.
Authority
Authority for this action is the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and the Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Dated: November 20, 1996.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-1506 Filed 1-21-97; 8:45 am]
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