This document is scheduled to be published in the Federal Register on 06/11/2012 and available online at http://federalregister.gov/a/2012-11484, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R1–ES-2011–0098] [MO 92210-0-0009] RIN 1018– AX14 Endangered and Threatened Wildlife and Plants; Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to list 38 species on the Hawaiian Islands of Molokai, Lanai, and Maui as endangered under the 1 2 Endangered Species Act of 1973, as amended (Act). We are also reaffirming the listing of two endemic Hawaiian plants currently listed as endangered. We propose to designate critical habitat for 39 of these 40 plant and animal species. Critical habitat is not determinable for the plant Cyanea mauiensis. In this document, we also propose to designate critical habitat for 11 previously listed plant and animal species that do not have designated critical habitat, and propose to revise critical habitat for 85 plant species that are already listed as endangered or threatened. The proposed critical habitat designation totals 271,062 acres (ac) (109,695 hectares (ha)) on the islands of Molokai, Lanai, Maui, and Kahoolawe (collectively called Maui Nui), and includes both occupied and unoccupied habitat. Approximately 47 percent of the area being proposed as critical habitat is already designated as critical habitat for the 85 plant species or other species. We also propose to delist the plant Gahnia lanaiensis, due to new information that this species is synonymous with G. lacera, a widespread species from New Zealand. In addition, we propose name changes or corrections for 11 endangered plants and 2 endangered birds, and taxonomic revisions for 2 endangered plant species. DATES: We will consider comments received on or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Please note that if you are using the Federal eRulemaking Portal (see ADDRESSES section below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Time on this date. We must receive requests for public hearings, in writing, at the address shown in the FOR FURTHER INFORMATION CONTACT section by 3 [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS-R1- ES-2011-0098, which is the docket number for this proposed rule. • U.S. mail or hand delivery: Public Comments Processing, Attn: FWS-R1-ES- 2011-0098; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Loyal Mehrhoff, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; by telephone at 808–792–9400; or by facsimile at 808–792–9581. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. This is a proposed rule to list 38 species (35 plants and 3 tree snails) from the island cluster of Maui Nui (Molokai, Lanai, Maui, and Kahoolawe) 4 in the State of Hawaii as endangered, and concurrently designate 271,062 acres as critical habitat. In this proposed rule, we are also proposing to revise critical habitat for 85 plants and proposing to designate critical habitat for 11 listed plants and animals that do not have designated critical habitat on these islands. Under the Endangered Species Act, we must issue a rule to list a species as endangered or threatened and, concurrently, designate critical habitat at the time a species is listed as threatened or endangered. We may, as appropriate, revise critical habitat designations. If adopted as proposed, this rule would establish an integrated, comprehensive, ecosystem-based critical habitat designation, which would allow the Service to better prioritize, direct, and focus conservation and recovery actions. As part of a settlement agreement, we agreed to submit to the Federal Register a proposed rule for Maui Nui candidate species in fiscal year 2012. This action complies with the agreement. This rule proposes the following: • List 38 plants and animals as endangered species. • Reaffirm the listing for two listed plants with taxonomic changes. • Designate critical habitat for 37 of the 38 proposed species and for the two listed plants with taxonomic changes. • Revise designated critical habitat for 85 listed plants. • Designate critical habitat for 11 listed plants and animals that do not have designated critical habitat on these islands. 5 One or more of the 38 proposed species are threatened by: • Habitat loss and degradation due to agriculture and urban development, nonnative feral ungulates (e.g., pigs, goats, axis deer) and plants, wildfire, hurricanes, flooding, and drought. • Predation or herbivory by nonnative feral ungulates, rats, snails, and slugs. • Inadequate existing regulatory mechanisms that prevent the introduction and spread of nonnative plants and animals. • Small number of individuals and populations, and lack of reproduction in the wild. This rule proposes critical habitat for 50 species and proposes critical habitat revisions for 85 listed plants: • A total of 271,062 acres is proposed as critical habitat. Approximately 47 percent, or 127,407 acres, of the area being proposed as critical habitat is already designated as critical habitat for previously listed plant and animal species. Therefore, 53 percent, or 143,655 acres, of the proposed area is newly proposed critical habitat. • The proposed critical habitat units are ecosystem-based and encompass areas essential for the conservation of multiple species. • The proposed designation includes both occupied and unoccupied critical habitat, although those areas are not differentiated in the proposed rule or on the maps. 6 • We are considering excluding approximately 40,973 acres of privately owned lands on Maui and Molokai. These privately owned lands include The Nature Conservancy preserves, lands owned by East Maui Irrigation Company, Haleakala Ranch, Maui Land and Pineapple Company, and Ulupalakua Ranch. • We are proposing critical habitat on lands owned by the U.S. Coast Guard, U.S. National Park Service, State of Hawaii, County of Maui, and private interests. The basis for our action. Under the Endangered Species Act, we must issue a rule to list a species as endangered or threatened and, concurrently, designate critical habitat. We may, as appropriate, revise critical habitat designations. We are required to list species solely on the basis of the best available scientific and commercial data available. A critical habitat designation must be based on the best available scientific data after taking into consideration economic and other impacts. We can exclude an area from critical habitat if the benefits of exclusion outweigh the benefits of designation, unless the exclusion will result in the extinction of the species. We are preparing an economic analysis. To ensure that we consider the economic impacts of the proposed critical habitat designation, we are preparing an economic analysis that will: • Rely on information from previous economic analyses that were prepared to evaluate the economic impact of critical habitat designation in the areas of Molokai, Lanai, Maui, and Kahoolawe that are currently designated as critical habitat (47 percent of the proposed designation). 7 • Update that information to consider economic impacts in the areas newly proposed as critical habitat in this rule (53 percent of the proposed designation). • Address any other potential economic impacts that may have not been sufficiently considered. We will publish an announcement and seek public comments on the draft economic analysis when it is completed. We will seek peer review. We are seeking comments from independent specialists to ensure that our listing determinations and critical habitat designations are based on scientifically sound data, assumptions, and analyses. We have invited these peer reviewers to comment on our specific assumptions and conclusions regarding the 40 species proposed or reevaluated for listing, and the proposed designation of critical habitat. Public Comments We intend that any final action resulting from this proposal will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we solicit comments or suggestions on this proposed rule from the public, other concerned governmental agencies, the scientific community, industry, or other interested parties. We are proposing to list a total of 38 species (35 plants and 3 tree snails) as endangered; reevaluate the listing of 2 plant species; designate critical habitat for 39 of the 40 species we are proposing to list, or are reevaluating for listing, as 8 endangered; designate critical habitat for 11 currently listed species that do not have designated critical habitat (9 plants and 2 birds); and revise the critical habitat designation for 85 plant species on the islands of Molokai, Lanai, Maui, and Kahoolawe. We particularly seek comments concerning: (1) Biological, commercial trade, or other relevant data concerning threats (or the lack thereof) to the 40 species proposed or reevaluated for listing, and regulations that may be addressing those threats. (2) Additional information concerning the range, distribution, and population sizes of each of the 40 species proposed or reevaluated for listing, including the locations of any additional populations of these species.