10/09/2020, 129

Birds and the ice-edge ecosystem in the Bering Sea, p. 799–956. Furthermore, all Federal agencies are responsible to ensure that the actions they fund, permit, or carry out do not result in jeopardizing the continued existence of a listed species, regardless of critical habitat designation. We believe that the designation of critical habitat serves to educate and inform agencies, organizations, and the public that the survival of the species is dependent upon the availability of healthy habitats.

When applicable, the reasonable and prudent measures included provisions to minimize the proposed project's impact to habitat.

To date, we are unaware of any spectacled eiders having been taken by these fisheries. 7) suggests that, although 1980, 1990–1992, 1995, and 2000 had the greatest number of days with extreme ice conditions, the timing of occurrence of consecutive days with extreme ice varied among these years. Spectacled Eider. An exception to this would be if a project were to adversely modify or destroy critical habitat that had been designated in unoccupied habitat. The Y-K Delta breeding population of spectacled eiders cannot reasonably be expected to reach established any of the species' recovery goals (Service 1996) in the absence of Units 1 and 2, where over 95 percent of documented observations from aerial surveys have occurred. The influence of travel costs and structure of the environment. (c) This rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients.


We have substantially reduced the area of some critical habitat units, and completely eliminated others.

1995c).

The average length and mass of bivalves has also declined in the long term (J.M. Our response: The conditions, limitations, and restrictions of the Army Corps Nationwide permit program state in 33 CFR 330.4 that no activity is authorized by any nationwide permit if that activity is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Act or to destroy or adversely modify the critical habitat of such species. Section 4(b)(2) of the Act requires us to designate critical habitat on the basis of the best scientific and commercial data available and to consider the economic and other relevant impacts of designating a particular area as critical habitat. We simulated the Y-K Delta spectacled eider population using both a deterministic model (one that does not account for uncertainty) and a stochastic model (one that incorporates effects of chance events) developed for this species, with starting conditions that approximate observed reproductive parameters and that result in the stable to slightly increasing population of eiders, such as that which has been occurring over recent years (Paul Flint, BRD, pers. Our response: We believe that designating critical habitat will neither simplify nor complicate the Federal permitting process for any actions, including oil exploration or development. Our economic analyses did address the potential for impacts to commercial fisheries resulting from proposed critical habitat designation.

Comment 56: One respondent stated that designating as critical habitat the large area proposed on the North Slope would harm listed eiders by irreparably damaging cooperative and collaborative working relationships between the Service and local and Native governments. Thus, the principal regulatory benefit from a critical designation for the spectacled eider on the North Slope is expected to be small.

St. Paul Island was the nearest Bering Sea weather station to the eider wintering area that had a continuous archive of data. However, none of the birds that were implanted with transmitters during the summer of 2000 were successful breeders (i.e., if Harrison Bay is used during brood rearing, birds without broods may not have reason to go there) (Declan Troy, TERA, pers. Nutrient reserves, probability of cold spells and the question of reserve regulation in wintering Canvasbacks. Critical habitat is defined in section 3 of the Act as—(i) the specific areas within the geographic area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Larned and Tiplady (1999) conservatively estimated the entire wintering population, and perhaps the worldwide population, of spectacled eiders at 374,792 birds (95 percent Confidence Interval = 371,278-378,305). [FR Doc. Any research on the North Slope or anywhere else in the occupied range of the spectacled eider that might result in “take” occurring would require a section 10(a)(1)(A) permit from the Service.

C. L.Parkinson, On July 5, 2000, we published a notice in the Federal Register again extending the closing date for the open public comment period from June 30, 2000, to August 31, 2000 (65 FR 41404).

M. R.Petersen, and See Table 1 for parameter definitions.
After reviewing the best scientific and commercial data available, we proposed to withdraw our previous finding that the designation of critical habitat for the spectacled eider was not prudent. The analysis examined the Start Printed Page 9174effects of the proposed designation on: (1) Re-initiation of section 7 consultations, (2) length of time in which section 7 consultations are completed, and (3) new consultations required due to critical habitat designation. We attempted to contact all individuals identified by the regional representatives, and provided those individuals who agreed to review the proposal with copies of the proposed rule and additional informational materials. In addition, areas of existing human development within our indicated border are not considered critical habitat.

Finally, we note that the recovery plan did not discuss critical habitat. Sirenko, unpubl. Benthic invertebrate macrofauna of the eastern Bering/Chukchi continental shelf, p. 1069–1090. Decline of Spectacled Eiders nesting in western Alaska.

Under most circumstances, consultations under the jeopardy standard will reach the same result as consultations under the adverse modification standard. We are unaware of any information that indicates that there are other waters within the United States, other than those that we have designated as critical habitat, that are essential to the conservation of the species. documents in the last year, 623 However, we note that a single ill-timed fuel or oil-spill in this area could potentially harm thousands of eiders. Several species of sea ducks leave wintering areas in conjunction with ice formation or cold temperatures (Nilsson 1970, 1972). In fact, for 6 of the 8 years, the population meets one of the criteria for reclassification to endangered (“minimum estimated population size is <3000 breeding pairs for ≥ year”). Seasonal movements and distribution of the Spectacled Eider. Aerial surveys in September 1995 found 33,192 spectacled eiders using Ledyard Bay. We may exclude any area from critical habitat designation if the benefits of such exclusion outweigh the benefits of including such area as part of the critical habitat, provided the exclusion will not result in the extinction of the species (section 4(b)(2) of the Act).

Our response: On July 20, 2000, U.S. District Court Judge Thomas S. Zilly issued an injunction on all groundfish trawl fishing within federally regulated waters of the Bering Sea/Aleutian Islands and the Gulf of Alaska within Steller sea lion critical habitat. In addition, we believe that the critical habitat maps and description make it easier for all involved to know whether any particular activity is located in an area important to threatened and endangered species.

In most years, Spectacled Eiders were not exposed to more than 60% ice cover until January (Fig. The Recovery Team and its consultants developed the Spectacled Eider Recovery Plan, which we approved on August 12, 1996.


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