[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Proposed Rules]
[Page 77464-77465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-28]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH02
Endangered and Threatened Wildlife and Plants; Designations of
Critical Habitat for Plant Species From the Island of Hawaii, HI
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; extension of comment period and notice of
availability of draft economic analysis.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft economic analysis for the proposed
designations of critical habitat for 47 plant species from the island
of Hawaii. The comment period for the proposed critical habitat
designations originally closed on July 29, 2002. On August 26, 2002, we
reopened the comment period and provided notice that the comment period
would close on September 30, 2002. On September 24, 2002, we announced
two public hearings and extended the comment period to allow all
interested parties to submit oral or written comments on the proposal
until November 30, 2002. We are now providing notice of another
extension of the comment period to allow peer reviewers and all
interested parties to comment simultaneously on the proposed rule and
the associated draft economic analysis. Over a 10-year period, the
draft economic analysis shows a range of total direct costs for both
the plant species listings and critical habitat to be estimated at
$53.1 million to $71.8 million and some of the indirect costs could be
substantially larger. Comments previously submitted need not be
resubmitted as they will be incorporated into the public record as part
of this extended comment period and will be fully considered in
preparation of the final rule.
DATES: We will accept public comments until January 17, 2003.
ADDRESSES: Send your written comments and information to Field
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300
Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001or e-mail your
comments to FW1PIE--Hawaii--Island-- Crithab@r1.fws.gov. To obtain a
copy of the draft economic analysis, send a written requests to the
address listed above, call 808/541-3441, or visit the following
Internet site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://pacificislands.fws.gov. For further instructions
on commenting, refer to Public Comments Solicited section of this
notice.
FOR FURTHER INFORMATION CONTACT: Paul Henson, Field Supervisor, Pacific
Islands Office, at the above address (telephone: 808/541-3441;
facsimile: 808/541-3470).
SUPPLEMENTARY INFORMATION:
Background
On May 28, 2002, we published in the Federal Register (67 FR 36968)
a proposed rule to propose critical habitat for 47 of the 58 plant
species known historically from the island of Hawaii that are listed
under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C.
1531 et seq.), known historically from the island of Hawaii.
A total of 58 species historically found on the island of Hawaii
were listed as endangered or threatened species under the Act between
1991 and 1996. Some of these species may also occur on other Hawaiian
islands. In previously published proposals, we proposed that critical
habitat was prudent for 31 (Achyranthes mutica, Adenophorus periens,
Asplenium fragile var. insulare, Bonamia menziesii, Cenchrus
agrimonioides, Clermontia lindseyana, Clermontia peleana, Colubrina
oppositifolia, Ctenitis squamigera, Delissea undulata, Diellia erecta,
Flueggea neowawraea, Gouania vitifolia, Hedyotis cookiana, Hedyotis
coriacea, Hibiscus brackenridgei, Ischaemum byrone, Isodendrion
pyrifolium, Mariscus fauriei, Mariscus pennatiformis, Phlegmariurus
mannii, Phyllostegia parviflora, Plantago princeps, Portulaca
sclerocarpa, Sesbania tomentosa, Silene lanceolata, Solanum
incompletum, Spermolepis hawaiiensis, Tetramolopium arenarium, Vigna o-
wahuensis, and Zanthoxylum hawaiiense) of the 58 species reported from
the island of Hawaii. No change is made to the 31 proposed prudency
determinations in the May 28, 2002, proposed rule for plants from
Hawaii. In addition, in the May 28, 2002, proposal we proposed that
designation of critical habitat was not prudent for two species of
loulu palm, Pritchardia affinis and Pritchardia schattaueri, because it
would likely increase the threat from vandalism or collection of these
species on the island of Hawaii. We also proposed that critical habitat
designation was not prudent for two species, Cyanea copelandii ssp.
copelandii and Ochrosia kilaueaensis, known only from the island of
Hawaii, because these species have not been seen in the wild since 1957
and 1927, respectively, and no viable genetic material is known to
exist. We further proposed that designation of critical habitat is
prudent for 23 species (Argyroxiphium kauense, Clermontia
drepanomorpha, Clermontia pyrularia, Cyanea hamatiflora ssp. carlsonii,
Cyanea platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra
giffardii, Cyrtandra tintinnabula, Hibiscadelphus giffardianus,
Hibiscadelphus hualalaiensis, Isodendrion hosakae, Melicope
zahlbruckneri, Neraudia ovata, Nothocestrum breviflorum,
[[Page 77465]]
Phyllostegia racemosa, Phyllostegia velutina, Phyllostegia warshaueri,
Plantago hawaiensis, Pleomele hawaiiensis, Sicyos alba, Silene
hawaiiensis, and Zanthoxylum dipetalum var. tomentosum) for which
prudency determinations had not been made previously.
We also proposed designation of critical habitat for 47 plant
species (Achyranthes mutica, Adenophorus periens, Argyroxiphium
kauense, Asplenium fragile var. insulare, Bonamia menziesii, Clermontia
drepanomorpha, Clermontia lindseyana, Clermontia peleana, Clermontia
pyrularia, Colubrina oppositifolia, Cyanea hamatiflora ssp. carlsonii,
Cyanea platyphylla, Cyanea shipmanii, Cyanea stictophylla, Cyrtandra
giffardii, Cyrtandra tintinnabula, Delissea undulata, Diellia erecta,
Flueggea neowawraea, Gouania vitifolia, Hedyotis coriacea,
Hibiscadelphus giffardianus, Hibiscadelphus hualalaiensis, Hibiscus
brackenridgei, Ischaemum byrone, Isodendrion hosakae, Isodendrion
pyrifolium, Mariscus fauriei, Melicope zahlbruckneri, Neraudia ovata,
Nothocestrum breviflorum, Phyllostegia racemosa, Phyllostegia velutina,
Phyllostegia warshaueri, Plantago hawaiensis, Pleomele hawaiiensis,
Portulaca sclerocarpa, Sesbania tomentosa, Sicyos alba, Silene
hawaiiensis, Silene lanceolata, Solanum incompletum, Spermolepis
hawaiiensis, Tetramolopium arenarium, Vigna o-wahuensis, Zanthoxylum
dipetalum var. tomentosum, and Zanthoxylum hawaiiense). We did not
propose critical habitat for 4 (Cyanea copelandii ssp. copelandii,
Ochrosia kilaueaensis, Pritchardia affinis, and Pritchardia
schattaueri) of the 58 species for the reasons given above, and we did
not propose critical habitat for 7 species (Cenchrus agrimonioides,
Ctenitis squamigera, Hedyotis cookiana, Mariscus pennatiformis,
Phlegmariurus mannii, Phyllostegia parviflora, and Plantago princeps)
which no longer occur on the island of Hawaii and for which we are
unable to determine any habitat that is essential to their conservation
on the island of Hawaii.
Twenty-eight critical habitat units, totaling approximately 176,968
hectares (437,285 acres), are proposed for designation for 47 plant
species on the island of Hawaii. For locations of these proposed units,
please consult the proposed rule was published May 28, 2002.
Critical habitat receives protection from destruction or adverse
modification through required consultation under section 7 of the Act
(16 U.S.C. 1531 et seq.) with regard to actions carried out, funded, or
authorized by a Federal agency. 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. We have prepared a draft economic
analysis of the proposed critical habitat designation. The draft
economic analysis is available on the Internet and from the mailing
address listed below in the Public Comments Solicited section.
The public comment period for the May 28, 2002, proposal (67 FR
36968) originally closed on July 29, 2002. On August 26, 2002, we
published in the Federal Register (67 FR 54766) a notice reopening the
comment period for the proposed designations and non-designations of
critical habitat for plant species on the island of Hawaii, as well as
for the proposed designations and non-designations of critical habitat
for plant species on the islands of Kauai, Niihau, Molokai, Maui,
Kahoolawe, Oahu, and the Northwestern Hawaiian Islands, and we
announced that the comment period would close on September 30, 2002. On
September 24, 2002, we announced two public hearings and extended the
comment period to allow all interested parties to submit oral or
written comments on the proposal until November 30, 2002 (67 FR 59811).
We are now announcing the availability of the draft economic analysis
and another extension of the comment period for the proposed
designations and non-designations of critical habitat for plant species
on the island of Hawaii. Over a 10-year period, the draft economic
analysis shows a range of total direct costs for both the plant species
listings and critical habitat to be estimated at $53.1 million to $71.8
million and some of the indirect costs could be substantially larger.
However, many of the indirect costs shown in the analysis result from
uncertain and possibly unlikely future private and governmental
actions, and we expressly request comments as to the likelihood of
these actions occurring and of the indicated costs from these possible
actions being incurred. We will accept public comments on the proposal
and the associated draft economic analysis for the island of Hawaii
until the date specified above in DATES. The extension of the comment
period gives all interested parties the opportunity to comment on the
proposal and the associated draft economic analysis for the island of
Hawaii. Comments already submitted on the proposed designations and
non-designations of critical habitat for plant species from the island
of Hawaii need not be resubmitted as they will be fully considered in
the final determinations.
Public Comments Solicited
If you wish to provide written comments, you may submit your
comments and materials concerning this proposal by any of several
methods:
(1) You may submit written comments and information to the Field
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Office, 300
Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001.
(2) You may send comments by electronic mail (e-mail) to: FW1PIE--
Hawaii-- Island_Crithab@r1.fws.gov. If you submit comments by e-mail,
please submit them as an ASCII file and avoid the use of special
characters and any form of encryption. Please also include ``Attn: RIN
1018-AH02'' 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 Honolulu Fish
and Wildlife Office at telephone number 808/541-3441.
(3) You may hand-deliver comments to our Honolulu Fish and Wildlife
Office at the address given above under (1).
Comments and materials received, as well as supporting
documentation used in preparation of the proposal to designate critical
habitat, will be available for inspection, by appointment, during
normal business hours at the address under (1) above.
Copies of the draft economic analysis are available on the Internet
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://pacificislands.fws.gov or by request from the Field
Supervisor at the address and phone number listed in ADDRESSES.
Author
The primary author of this document is Michelle Mansker (see
ADDRESSES section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: December 11, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-31876 Filed 12-17-02; 8:45 am]
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