Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for the Southwestern Willow Flycatcher; Correction

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