# Endangered and Threatened Wildlife and Plants; Public Hearing and Reopening of Comment Period on Proposed Critical Habitat for the Tidewater Goby > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-26787 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** October 15, 1999 - **Citation:** 64 FR 55892 ## Text DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AE30 Endangered and Threatened Wildlife and Plants; Public Hearing and Reopening of Comment Period on Proposed Critical Habitat for the Tidewater Goby AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; notice of public hearing and reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We, the Fish and Wildlife Service, pursuant to the Endangered Species Act of 1973, as amended (Act), provide notice of a public hearing and reopening of the comment period on the proposed rule to designate critical habitat for the tidewater goby Eucyclogobius newberryi, an endangered species. The comment period is reopened to accommodate public hearing requests received from the Agua Hedionda Lagoon Foundation, the Bristol Cove Boat and Ski Club, the Bristol Cove Property Owners Association, Carlsbad Aquafarm Incorporated, Cabrillo Power I LLC, and the Hubbs Sea World Institute. Thus, we have scheduled a public hearing to be held in Carlsbad, California (see DATES and ADDRESSES). The reopening of the comment period will also allow further opportunity for all interested parties to submit comments on the proposal which is available (see ADDRESSES). We are seeking comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties concerning the proposed designation. DATES: The public hearing will be held on Thursday, November 4, from 1:00 p.m. to 3:00 p.m., and from 6:00 p.m. to 8:00 p.m. in Carlsbad, California. The comment period closes November 30, 1999. ADDRESSES: The public hearing will be held at La Costa Resort, Conference Center Theater, La Costa Del Mar Road, Carlsbad, California. Comments and materials concerning this proposal should be sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California, 92008. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Glen Knowles, Carlsbad Fish and Wildlife Office (see ADDRESSES section) at (760) 491-9440. SUPPLEMENTARY INFORMATION: Background On August 3, 1999, the service published a rule proposing critical habitat for the tidewater goby Eucyclogobius newberryi in the Federal Register (64 FR 42250), a species now classified as endangered throughout its entire range. The original comment period closed on October 4, 1999. Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires that a public hearing be held if it is requested within 45 days of the publication of the proposed rule. In response to a request for a public hearing from the Agua Hedionda Lagoon Foundation, Bristol Cove Boat and Ski Club, the Bristol Cove Property Owner's Association, Carlsbad Aquafarm Incorporated, Cabrillo Power I LLC, and the Hubbs Sea World Institute a public hearing will be held in Carlsbad, California on November 4, 1999, at the La Costa Resort, Conference Center Theater (see ADDRESSES). Parties wishing to make statements for the record should bring a copy of their statements to the hearing. Oral statements may be limited in length, if the number of parties present at the hearing necessitates such a limitation. There are no limits to the length of written comments or materials presented at the hearing or mailed to us. Written comments carry the same weight as oral comments. The comment period now closes on November 30, 1999. Written comments should be submitted to us at the hearing, or mailed to the Carlsbad Fish and Wildlife Office (see ADDRESSES section). The tidewater goby is a small, grayish brown fish approximately 2 inches long which lives for about one year. It occurs in lagoons, tidal bays, and brackish tributaries along the California coastline. This fish is threatened by habitat loss and degradation, predation by non- native species, and extreme weather and streamflow conditions. Comments from the public regarding the accuracy of this proposed rule are sought, especially regarding: (1) The reasons why any habitat 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 any threats to the species due to designation; (2) Specific information on the amount and distribution of tidewater goby habitat, and what habitat is essential to the conservation of the species and why; (3) Land use practices and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; (4) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat, in particular, any impacts on small entities or families; and (5) Economic and other values associated with designating critical habitat for the tidewater goby, such as those derived from non- consumptive [[Page 55893]] uses (e.g., camping, hiking, bird-watching, enhanced watershed protection, improved air quality, increased soil retention, ``existence values,'' and reductions in administrative costs). Author: The primary author of this notice is Glen Knowles (see ADDRESSES section). Authority: The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: October 10, 1999. Elizabeth H. Stevens, Acting Manager, California/Nevada Operations Office. [FR Doc. 99-26787 Filed 10-14-99; 8:45 am] BILLING CODE 4310-55-U --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-26787. Public record. Not legal advice.