[Federal Register: May 28, 2002 (Volume 67, Number 102)]
[Proposed Rules]
[Page 36851]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my02-22]
[[Page 36851]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AG71
Endangered and Threatened Wildlife and Plants; Designating
Critical Habitat for Plant Species From the Islands of Kauai and
Niihau, Hawaii
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and notice of
availability of draft economic analysis.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of the draft economic analysis for the proposed
designations of critical habitat for plant species from the islands of
Kauai and Niihau, Hawaii. We are also providing notice of the reopening
of the comment period for the proposal to determine prudency and to
designate critical habitat for these plants to allow peer reviewers and
all interested parties to comment simultaneously on the proposed rule
and the associated draft economic analysis. Comments previously
submitted need not be resubmitted as they will be incorporated into the
public record as part of this reopened comment period and will be fully
considered in the final rule.
DATES: We will accept public comments until June 27, 2002.
ADDRESSES: Written comments and information should be submitted to
Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands
Office, 300 Ala Moana Blvd., P.O. Box 50088, Honolulu, HI 96850-0001.
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
A total of 95 plant species historically found on Kauai and Niihau
were listed as endangered or threatened species under the Endangered
Species Act of 1973, as amended (Act), between 1991 and 1996. Fifty-
seven of these species are endemic to the islands of Kauai and/or
Niihau, while 38 species are reported from one or more other islands,
as well as Kauai, and/or Niihau.
In other published proposals we proposed that critical habitat was
prudent for 90 of the 95 species from the islands of Kauai and Niihau
because the potential benefits of designating critical habitat
essential for the conservation of these species outweigh the risks of
designation (65 FR 66808, 65 FR 79192, 65 FR 82086, 65 FR 83158, 67 FR
3940, 67 FR 9806, 67 FR 15856, 67 FR 16492). In addition, we proposed
that critical habitat designation was not prudent for three species of
loulu palm (Pritchardia aylmer-robinsonii, P. napaliensis, and P.
viscosa) because it would likely increase the threats from vandalism or
collection of these species on Kauai and Niihau, and that critical
habitat designation was not prudent for Acaena exigua and Melicope
quadrangularis because they have not been seen recently in the wild,
and no viable genetic material is known to exist (65 FR 66808, 65 FR
79192, 67 FR 3940, 67 FR 15856).
In the January 28, 2002, revised prudency and critical habitat
proposal (67 FR 3940), we proposed critical habitat for 83 of the 95
species from the islands of Kauai and Niihau. Critical habitat was not
proposed for seven of the 95 species (Achyranthes mutica, Hibiscus
brackenridgei, Isodendrion pyrifolium, Phlegmariurus mannii, Silene
lanceolata, Solanum incompletum, and Vigna o-wahuensis) which no longer
occur on the islands of Kauai or Niihau, and for which we were unable
to identify any habitat that is essential to their conservation on the
islands of Kauai or Niihau. Critical habitat was not proposed for three
species of loulu palm nor for Melicope quadrangularis and Acaena exigua
for the reasons given above.
We have proposed to designate a total of 15 critical habitat units
on Kauai and one unit on Niihau covering approximately 40,147 hectares
(ha) (99,206 acres (ac)) on Kauai and 282 ha (697 ac) on Niihau.
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. Based upon the previously
published proposal to designate critical habitat for plant species from
Kauai and Niihau, and comments received during the previous comment
period, we have prepared a draft economic analysis of the proposed
critical habitat designations. The draft economic analysis is available
on the Internet and mailing address in the Public Comments Solicited
section below.
Public Comments Solicited
We will accept written comments and information during this re-
opened comment period. If you wish to comment, 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: kani--
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-AG71'' 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.
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://
pacificislands.fws.gov or by request from the Field Supervisor at the
address and phone number under (1 and 2) above.
Author(s)
The primary authors of this notice are Marigold Zoll and Christa
Russell (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 17, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-13189 Filed 5-24-02; 8:45 am]
BILLING CODE 4310-55-P