4770 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations application must be made within 30 DEPARTMENT OF TRANSPORTATION RSPA amends Part 195 of title 49 of days of the grantee’s appeal in the case the Code of Federal Regulations as of the appeal of termination or denial of Research and Special Programs follows: refunding, and as soon as possible after Administration the notice of suspension has been PART 195ÐTRANSPORTATION OF received by the grantee. It must state the 49 CFR Part 195 HAZARDOUS LIQUIDS BY PIPELINE applicant’s interest in the proceeding, [Docket No. RSPA±97±2095; Amendment Accordingly, 49 CFR Part 195 is the evidence or arguments the applicant 195±66] corrected by making the following intends to contribute, and the necessity correcting amendments: for the introduction of such evidence or RIN 2137±AC 11 1. The authority citation for Part 195 arguments. continues to read as follows: Pipeline Safety: Adoption of 5. Section 1303.17 is added to read as Consensus Standards for Breakout Authority: 49 U.S.C. 5103, 60102, 60104, follows: 60108, 60109, 60118; and 49 CFR 1.53. Tanks; Correction PART=’195’≤ § 1303.17 Time for hearing and decision. AGENCY: Research and Special Programs 2. In § 195.3, (c)(2) is amended by redesignating existing paragraphs (a) Any hearing on an appeal by a Administration (RSPA), DOT. (c)(2)(ii) through (c)(2)(xv) as (c)(2)(iii) grantee from a notice of suspension, ACTION: Correcting amendments. through (c)(2)(xvi) respectively, by termination, or denial of refunding must SUMMARY: This document corrects a adding a new paragraph (c)(2)(ii) and by be commenced no later than 120 days final rule published April 2, 1999 (64 revising redesignated paragraph from the date the grantee’s appeal is FR 15926). The final rule incorporates (c)(2)(xiv) to read as follows: received by the Departmental Appeals by reference consensus standards for Board. The final decision in an appeal aboveground steel storage tanks into the § 195.3 Matter incorporated by reference. whether or not there is a hearing must hazardous liquid pipeline safety * * * * * be rendered not later than 60 days after regulations. This document makes two (c) * * * the closing of the record, i.e., 60 days minor corrections to the final rule. First, (2) * * * after the Board receives the final it adds an industry publication, (ii) API 1130 ‘‘Computational Pipeline authorized submission in the case. American Petroleum Institute (API) Monitoring’’ (1st Edition, 1995). (b) All hearings will be conducted 1130 to the list of incorporated * * * * * expeditiously and without undue delay references. Second, it corrects the (xiv) API Standard 653 ‘‘Tank or postponement. reference to the API Standard 653 to Inspection, Repair, Alteration, and include Addendum 2. Reconstruction’’ (2nd edition, December (c) The time periods established in DATES: Effective February 1, 2000. The 1995, including Addenda 1 & 2). paragraph(a) of this section may be incorporation by reference of the * * * * * extended if: publication stated in the rule was Issued in Washington, DC on October 27, (1) The parties jointly request a stay approved by the Director of the Federal 1999. to engage in settlement negotiations, Register as of February 1, 2000. Kelley S. Coyner, (2) Either party requests summary FOR FURTHER INFORMATION CONTACT: Administrator. disposition; or Mike Israni, (202) 366–4571, or e-mail: [FR Doc. 00–340 Filed 1–31–00; 8:45 am] [email protected]. (3) The Departmental Appeals Board BILLING CODE 4910±60±P determines that the Board is unable to SUPPLEMENTARY INFORMATION: hold a hearing or render its decision When RSPA published the final rule within the specified time period for in the Federal Register, it inadvertently DEPARTMENT OF THE INTERIOR reasons beyond the control of either omitted industry publication API 1130, party or the Board. Computational Pipeline Monitoring (1st Fish and Wildlife Service Edition, 1995), from 49 CFR 195.3, Catalog of Domestic Assistance Program Matter incorporated by reference. This 50 CFR Part 17 Number 93.600, Project Head Start) document corrects this omission in the RIN 1018±AE20 Dated: June 16, 1999. reference list by adding a reference to Olivia A. Golden, API 1130 in § 195.3 (c)(2)(ii) and by Endangered and Threatened Wildlife renumbering subsequent references. Assistant Secretary for Children and Families. and Plants; Determination of Also, in the final rule the preamble Approved: October 5, 1999. Endangered Status for Blackburn's section listed API Standard 653 Sphinx from the Hawaiian Islands Donna E. Shalala, (Addenda 1 and 2), but the regulatory Secretary. text section listed API Standard 653 AGENCY: Fish and Wildlife Service, [FR Doc. 00–2049 Filed 1–31–00; 8:45 am] (Addendum 1). This document corrects Interior. BILLING CODE 4184±01±P this discrepancy by specifying API ACTION: Final rule. Standard 653 (Addenda 1 & 2) in both places. We regret any confusion these SUMMARY: We, the U.S. Fish and omissions may have caused. Wildlife Service (Service), determine blackburni, the Blackburn’s List of Subjects in 49 CFR Part 195 sphinx moth, to be an endangered Incorporation by reference, Breakout species under the Endangered Species tanks, Hazardous liquids and Petroleum, Act of 1973, as amended (Act). Carbon dioxide, Pipeline safety, Historically, this species occurred on Reporting and recordkeeping the Hawaiian islands of Kauai, Oahu, requirements. Molokai, Maui, and Hawaii, but until

VerDate 272000 15:14 Jan 31, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM pfrm01 PsN: 01FER1 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations 4771 recently, was known only from one high volcanoes are classified as deserts, species, . D’Abrera population on Maui. Researchers receiving as little as 25 cm (10 in) of (1986) tentatively considered Manduca observed a second population on Maui rain annually. This climate has given blackburni to be a synonym of Manduca in 1992, and populations are now rise to a rich diversity of plant quinquemaculata, but subsequent known to also occur on the islands of communities, including coastal, authors (Howarth and Mull 1992; Kahoolawe and Hawaii. This moth is dryland, montane, subalpine, and Nishida 1992) have disagreed with this currently threatened by one or more of alpine; dry, moderately moist, and wet; view, and the findings of Riotte (1986) and herblands, grasslands, shrublands, are accepted here. Several different the following: habitat fragmentation and ´ destruction due to development and forests, and mixed communities (Gagne common names have also been used for agricultural practices resulting in the and Cuddihy 1990). These habitats this species, including the hawk- loss of its host plants, habitat support one of the most unusual moth (Swezey 1924b), the degradation due to the effects of faunas in the world, with an hornworm (Browne 1941; van Dine introduced and plants, estimated 10,000 native species 1905), the Hawaiian tobacco worm , parasitism, competition for (Howarth 1990). Unusual characters of (Swezey 1931; Timberlake et al. 1921), food or space by alien , and Hawaii’s native arthropod fauna include the Hawaiian tomato hornworm overcollection by private and the absence of social insects, such as (Fullaway and Krauss 1945; commercial collectors. Due to its ants and termites, extremely small Zimmerman 1958), the Blackburn hawk restricted distribution, this species is geographic ranges, novel ecological moth (Hawaiian Entomological Society also vulnerable to extinction from shifts (unusual behavior and/or habitat), (HES) 1990; Howarth and Mull 1992), random, catastrophic events, such as flightlessness, and loss of certain and Blackburn’s sphinx moth (Service drought or fire. This final rule antipredator behaviors (Howarth 1990; 1984). The name Blackburn’s sphinx implements the Federal protections Simon et al. 1984; Zimmerman 1948, moth is used here. provided by the Act for this moth. 1970). In Hawaii, Blackburn’s sphinx moth Blackburn’s sphinx moth (Manduca can be confused with the related EFFECTIVE DATE: March 2, 2000. blackburni) is Hawaii’s largest native sweetpotato hornworm (Herse ADDRESSES: You may inspect the , with a wingspan of up to 12 cm cingulata). In contrast to the complete file for this rule, by (5 in). Like other sphinx (family sweetpotato hornworm, adult appointment, during normal business ), it has long, narrow Blackburn’s sphinx moths can be hours at the Pacific Islands Ecoregion, forewings and a thick, spindle-shaped distinguished by orange rather than U.S. Fish and Wildlife Service, 300 Ala body tapered at both ends. It is grayish white dorsal abdominal spots, with Moana Boulevard, Room 3–122, P.O. brown in color, with black bands across black borders on both the front and back Box 50088, Honolulu, Hawaii 96850. the apical (top) margins of the hind margins of each segment, and a broader, FOR FURTHER INFORMATION CONTACT: wings and five orange spots along each marginal black band on the hind wing. Robert Smith, Pacific Islands Manager, side of the abdomen. The larva is a The larvae of Blackburn’s sphinx moth Ecological Services, Pacific Islands typical, large ‘‘hornworm’’ , differ from those of the tomato Ecoregion (see ADDRESSES section) with a spinelike process on the dorsal hornworm and tobacco hornworm by (telephone: 808/541–2749; facsimile: (upper) surface of the eighth abdominal having two dark longitudinal stripes on 808/541-2756). segment. occur in two color the head capsule, although this is not SUPPLEMENTARY INFORMATION: forms, a bright green or a grayish phase. always the case. While these stripes are Background Both color forms have scattered white usually apparent in the dark phase, they speckles throughout the dorsum (back), are not always apparent in the green The Hawaiian archipelago includes with the lateral (side) margin of each phase (Ellen VanGelder, University of eight large volcanic islands (Niihau, segment bearing a horizontal white Hawaii, pers. comm. 1997). Adult Kauai, Oahu, Molokai, Lanai, stripe, and segments four to seven Blackburn’s sphinx moth can be Kahoolawe, Maui, and Hawaii), as well bearing diagonal stripes on the lateral distinguished from the North American as offshore islets, shoals, and atolls set margins (Zimmerman 1958; Betsy tomato hornworm and tobacco ´ on submerged volcanic remnants at the Gagne, Hawaii Department of Land and hornworm (Manduca sexnotata) by the northwest end of the chain (the Natural Resources, pers. comm. 1998). presence of crescent-shaped white Northwestern Hawaiian Islands). Each Blackburn’s sphinx moth is closely markings along the inner border of the ´ island was formed sequentially from related to the tomato hornworm black bands on the forewing (B. Gagne, frequent, voluminous basaltic lava flows () and has pers. comm. 1998). (Stearns 1985). The youngest island, been confused with this species. Larvae of Blackburn’s sphinx moth Hawaii, is still volcanically active, and Blackburn’s sphinx moth was described feed on plants in the nightshade family retains its form of coalesced, gently by Butler (1880) as Protoparce (). The natural host plants are sloping, unweathered shield volcanoes blackburni, and named in honor of the native shrubs in the genus (broadly rounded dome-shaped Reverend Thomas Blackburn, who (popolo), and the native tree, volcanoes formed by fluid and far- collected the first specimens. It was latifolium (‘aiea) (Riotte spreading lava flows). Vulcanism on the believed to be the same as the tomato 1986), on which the larvae consume older islands has long since ceased, hornworm (Sphinx celeus leaves, stems, flowers, and buds (B. ´ with subsequent erosion forming Hubner=Sphinx quinquemaculatus Gagne, pers. comm. 1994). However, heavily weathered valleys with steep Hawthorn) by Meyrick (1899), and then many of the host plants recorded for this walls and well-developed streams and treated as a subspecies (Rothschild and species are not native to the Hawaiian soils (Department of Geography 1983). Jordan 1903, as cited by Riotte 1986) Islands, and include tabacum This range of topography creates a and placed in the genus Phlegethontius (commercial tobacco), great diversity of climates. Windward (Zimmerman 1958). Riotte (1986) (tree tobacco), Solanum melongena (northeastern) slopes can receive up to demonstrated that Blackburn’s sphinx (), Lycopersicon esculentum 1,000 centimeters (cm) (400 inches (in)) moth is a distinct taxon in the genus (tomato), and possibly of rain per year, while some leeward Manduca, native to the Hawaiian stramonium (Jimson weed) (Riotte coasts that lie in the rain shadow of the Islands, and reinstated it as a full 1986). Development from egg to adult

VerDate 272000 15:14 Jan 31, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM pfrm01 PsN: 01FER1 4772 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations can take as little as 56 days (Williams are no native host plants in this area (F. discontinued the designation of 1947), but pupae may remain in a state Duvall, pers. comm. 1998). multiple categories of candidates, and of torpor (inactivity) in the soil up to a In December 1997, researchers only those taxa meeting the definition of ´ year (Williams 1931; B. Gagne, pers. discovered a population of Blackburn’s former category 1 candidates are now comm. 1994). Adult moths can be found sphinx moth on the State-owned island considered candidates for listing throughout the year (Riotte 1986). of Kahoolawe (Arthur Medeiros, U.S. purposes. In the February 28, 1996, Historically, Blackburn’s sphinx moth Geological Survey (USGS)—Biological Notice of Review, we identified has been recorded from the islands of Resources Division (BRD), in litt. 1998). Blackburn’s sphinx moth as a candidate Kauai, Oahu, Molokai, Maui, and This finding is the first record of the species (61 FR 7596). A proposed rule Hawaii, and collected from sea level to species on this island, and thus to list Blackburn’s sphinx moth as 760 meters (m) (2,500 feet (ft)) (Riotte represents an extension of the species endangered was published on April 2, 1986). Most historical records were from known range. Subsequent surveys 1997 (62 FR 15640). In the September coastal, lowland, and dryland forest (February and March 1998) indicate a 19, 1997, Notice of Review (62 FR habitats in areas receiving less than 120 population exists on Kahoolawe, with 49398), this species was included as cm (50 in) annual rainfall. It appears egg and larval densities (114 eggs and 93 proposed for endangered status. that this moth was historically most larvae on 57 percent of tree tobacco The processing of this final rule common on Maui (Riotte 1986). plants searched) comparable to those at conforms with our Listing Priority Very few specimens of this species the Maui site (A. Medeiros, in litt. 1998). Guidance published in the Federal have been seen since 1940, and after a In addition, a fourth population of an Register on October 22, 1999 (64 FR concerted effort by staff at the B.P. unknown number of individuals was 57114). The guidance clarifies the order Bishop Museum to relocate this species recently discovered (April 1998) on in which we will process rulemakings. in the late 1970’s, it was considered to ´ State land on the island of Hawaii (A. Highest priority is processing be extinct (Gagne and Howarth 1985). In Medeiros, in litt. 1998), and a single, emergency listing rules for any species 1984, a single population was adult individual was observed in April determined to face a significant and discovered on Maui (first Maui site or 1998 in a different location on the imminent risk to its well-being (Priority population) (Riotte 1986). The island of Hawaii (Steve L. Montgomery, 1). Second priority (Priority 2) is population is located on private and Hawaii Conservation Council, pers. processing final determinations on State lands, of which parts lie within a comm. 1998). There are no native proposed additions to the lists of natural area reserve, part is used by the Nothocestrum plants at this site, but endangered and threatened wildlife and Hawaii National Guard for military both Nicotiana and Solanum are present plants. Third priority is processing new training, and part is administered by the in the area (S.L. Montgomery, pers. proposals to add species to the lists. The Department of Hawaiian Homelands. comm. 1998). On Kahoolawe, where the processing of administrative petition Between 1986 and 1991, a total of 6 native host plant, ‘aiea, is not found, findings (petitions filed under section 4 specimens were taken in light traps 16 eggs and larvae are known to occur on of the Act) is the fourth priority. The kilometers (km) (10 miles (mi)) from the non-native tree tobacco (A. processing of critical habitat where the original population was Medeiros, in litt. 1998). Eggs and larvae determinations (prudency and discovered in 1984. These findings may of the Hawaii population of Blackburn’s determinability decisions) and proposed indicate the presence of an additional sphinx moth were found only on tree or final designations of critical habitat population (Patrick Conant, Hawaii tobacco, although Nothocestrum will no longer be subject to Department of Agriculture, pers. comm. breviflorum (‘aiea) is also present in the prioritization under Listing Priority 1994), although adult moths are strong area (A. Medeiros, in litt. 1998). Guidance. Processing of this final rule is fliers and these specimens could have a Priority 2 action. We have updated Previous Federal Action originated at the known population. this rule to reflect any changes in Identification of two larvae and signs of An initial comprehensive Notice of information concerning distribution, two additional larvae occurred in Review for Invertebrate Animals was status, and threats since the publication January 1997, although subsequent published in the Federal Register on of the proposed rule. searches in September 1996 (Conant and May 22, 1984 (49 FR 21664). In this VanGelder 1997) did not reveal any notice we identified Blackburn’s sphinx Summary of Comments and signs of eggs or larvae. Larvae are moth as a category 3A taxon under the Recommendations known to feed on ‘aiea and tree tobacco Act of 1973, as amended (16 U.S.C. 1533 In the April 2, 1997, proposed rule (Frank Howarth, B.P. Bishop Museum, et seq.). Category 3A taxa were those for and associated notifications, we invited in litt. 1994), but the number of larvae which we had persuasive evidence of all interested parties to submit factual and adults produced each year is extinction. We published an updated reports or information that might unknown. Notice of Review for animals on January contribute to the development of the A second Maui site or population is 6, 1989 (54 FR 554). Although final rule. The public comment period known from one adult and one larvae Blackburn’s sphinx moth had been ended June 2, 1997. Appropriate Federal observed in 1992 feeding on commercial rediscovered by 1985, in the 1989 and State agencies, county governments, tobacco in another location on private Notice of Review, this taxon was again scientific organizations, and other land near sea level (Fern Duvall, identified as category 3A. In the next interested parties were contacted and Division of Forestry and Wildlife Notice of Review on November 15, 1994 requested to comment. We published (DOFAW), pers. comm. 1998), and from (59 FR 58982), this species was newspaper notices inviting public three larvae observed on tree tobacco on reclassified as a category 1 candidate for comment in the Maui News on April 18, State land on Maui in January 1997, and listing. Category 1 candidates were 1997, and in the Honolulu Star-Bulletin again from the same number of larvae those taxa for which we had on file and Honolulu Advertiser on April 21, observed in February 1998 (F. Duvall, sufficient information on biological 1997. pers. comm. 1998). While researchers vulnerability and threats to support During the public comment period, observed five to six eggs on tree tobacco preparation of listing proposals. we received comments from five parties. in 1997, they found no eggs and no Beginning with our February 28, 1996, All parties supported the listing of adults at the same site in 1998. There Notice of Review (61 FR 7596), we Blackburn’s sphinx moth as endangered.

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None of the comments included application to Blackburn’s sphinx moth sphinx moth site. Tree poppy was first additional information on the numbers (Manduca blackburni) are as follows: discovered in the Hawaiian Islands in of individuals and populations of the 1920 and is now naturalized in dry A. The Present or Threatened moth species. One of the comments forests on Maui and mesic forests on Destruction, Modification, or Hawaii (Medeiros et al. 1993; Symon suggested that listing will assist in the Curtailment of Its Habitat or Range recovery of this species; one comment 1990). On Maui, this fast-growing shrub indicated that listing may aid in Native vegetation on all of the main is a serious threat to the native host promoting conservation measures (e.g., Hawaiian Islands has undergone plant of Blackburn’s sphinx moth fencing and weed control) that will extreme alteration because of past and primarily through displacement and present land management practices shading of immature plants (Medeiros et assist the species; and one comment ´ indicated that cooperative efforts including ranching, agricultural al. 1993; B. Gagne, pers. comm. 1994). between a variety of interested groups development, and deliberate While the endangered Nothocestrum would be beneficial to the species. One introductions of alien animals and breviflorum is reported in the area of the commentor noted that he has been plants (Cuddihy and Stone 1990; Hawaii population of Blackburn’s working closely with several groups, Wagner et al. 1985). One of the primary sphinx moth (Marie Bruegmann, including us, to preserve the unique threats facing Blackburn’s sphinx moth Service, pers. comm. 1998), there are no native habitat of dryland forest of is destruction of its habitat by feral recorded associations of either eggs, Auwahi and Kanaio. The Hawaii (returned to an untamed state) animals. larvae, or adults with this species. These Division of Forestry and Wildlife It is believed that the endemic plant, trees are primarily threatened by habitat supported the listing of Blackburn’s Nothocestrum latifolium (‘aiea), which conversion associated with sphinx moth and at the same time is important for the survival of development; competition from alien expressed ‘‘reservations’’ about future Blackburn’s sphinx moth, is directly or species such as Schinus terebinthifolius listings of Hawaiian insects and the indirectly affected by feral animals. All (Christmas berry), Pennisetum setaceum limited resources available for attainable four species of Nothocestrum, N. (fountain grass), Lantana camara recovery goals. One commentor noted latifolium, N. breviflorum, N. (lantana), and Leucaena leucocephala that the listing would have little or no longifolium, and N. peltatum, occur in (koa haole); browsing by cattle; fire; and impact on the Hawaii Army National dry to mesic (moderate moisture) random environmental events; and Guard’s mission at Kanaio. forests, the habitat in which Blackburn’s reduced reproductive vigor due to the sphinx moth was most frequently small number of existing individuals (59 Peer Review recorded. Two species, N. peltatum on FR 10312). Kauai and N. breviflorum on Hawaii, are Although Nothocestrum is not In accordance with our policy now federally endangered species (59 reported from Kahoolawe, there were published in the Federal Register on FR 3904, 59 FR 55770) due to severe very few surveys of this island prior to July 1, 1994 (59 FR 34270), we also degradation of dry forest habitats. N. the intense ranching activities, that solicited the expert opinions of three latifolium occurs on Kauai, Oahu, began in the middle of the last century, appropriate and independent specialists Molokai, Lanai, and Maui. It is not and the subsequent use of the island as regarding pertinent scientific or presently a protected species, but it is a weapons range for the past 50 years. commercial data and assumptions declining and uncommon on all these Prior to their removal, goats played a relating to the , population islands (Hawaiian Heritage Program major role in the destruction of models, and supportive biological and (HHP) 1993; Medeiros et al. 1993). The vegetation on Kahoolawe (Cuddihy and ecological information for this species. stand of trees at the first Maui site of Stone 1990). It is likely that the We received no responses. Blackburn’s sphinx moth may be the reappearance of some vegetation as a During the public comment period we largest in the State (Medeiros et al. result of the removal of the goats and received two letters from Arthur C. 1993) and plays an important role in the cessation of military bombing Medeiros, USGS–BRD, that included supporting a population of this moth activities, has allowed Blackburn’s information on the newly discovered species (A. Medeiros, pers. comm. sphinx moth to gain a foothold on the populations of Blackburn’s sphinx 1994). island. Although on the island of moth. Steve L. Montgomery, Hawaii Although Nothocestrum latifolium Kahoolawe the vegetation on which Conservation Council, provided us presently occurs at moderate densities Blackburn’s sphinx moth is currently information on a recent moth sighting at the first Maui site location of dependent is alien and appears to on the island of Hawaii, and Dr. Fern Blackburn’s sphinx moth (HHP 1993), adequately support production and Duvall, DOFAW, provided information there is no seedling survival (Medeiros growth of the sphinx moth, it is believed on moth larvae and eggs observed in et al. 1993) and the stand is in a that the native host plant, ‘aiea, is two additional areas of Maui. We have degraded condition as a result of the important to the survival of this species included this information in this final presence of feral goats (Capra hircus) (A. Medeiros, pers. comm. 1998). rule. (Medeiros et al. 1993; F. G. Howarth, Restoration of the native forests on pers. comm. 1994; S.L. Montgomery, Summary of Factors Affecting This Kahoolawe would benefit Blackburn’s pers. comm. 1994). Goats were Species sphinx moth as well as other native introduced to the Hawaiian Islands in plants and invertebrates on the island. Section 4 of the Endangered Species 1792 and are now abundant in dry Act and the regulations (50 CFR part forests on Kauai, Molokai, Maui, and B. Overutilization for Commercial, 424) promulgated to implement the Hawaii, where they consume native Recreational, Scientific, or Educational listing provisions of the Act set forth the vegetation, trample roots and seedlings, Purposes procedures for adding species to the accelerate erosion, and promote the Rare butterflies and moths are highly Federal lists. A species may be invasion of alien plants (Stone 1985; prized by collectors, and an determined to be an endangered or van Riper and van Riper 1982). international trade exists for insect threatened species due to one or more (tree poppy) is one specimens for both live and decorative of the five factors described in section alien plant that is spreading due to the markets, as well as the specialist trade 4(a)(1). These factors and their activity of goats at the Maui Blackburn’s that supplies hobbyists, collectors, and

VerDate 272000 15:14 Jan 31, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM pfrm01 PsN: 01FER1 4774 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations researchers (Morris et al. 1991; Williams the known families of insects are species of Plagithmysus, often with 1996). The specialist trade differs from represented by native Hawaiian species these ants attached to their legs and both the live and decorative market in (Howarth 1990). Some groups that often bodies, but sooner or later they are quite that it concentrates on rare and dominate continental arthropod faunas, exterminated from these localities.’’ threatened species (US Department of such as social Hymenoptera (group With few exceptions, in areas where Justice (USDJ) 1993). In general, the nesting ants, bees, and wasps), are the big-headed ant is present, native insects, including most moths, are rarer the species, the more valuable it is, entirely absent from the native fauna. ´ and prices may exceed US $2,000 for Commercial shipping and air cargo to eliminated (Gagne; 1979; Gillespie and rare specimens (Morris et al. 1991). For Hawaii have now resulted in the Reimer 1993; Perkins 1913). The big- example, during a 4-year investigation, establishment of over 2,500 species of headed ant generally does not occur at special agents of the Service’s Division alien (Howarth 1990; elevations higher than 600 m (2,000 ft), of Law Enforcement executed warrants Howarth et al. 1994), with a continuing and is also restricted by rainfall, rarely and seized over 30,000 endangered and/ establishment rate of 10–20 new species being found in particularly dry (less or protected butterflies and beetles with per year (Beardsley 1962, 1979). In than 35–50 cm (15–20 in) annually) or a wholesale commercial market value of addition to the accidental establishment wet areas (more than 250 cm (100 in) about $90,000 in the United States. The of alien species, private individuals and annually) (Reimer et al. 1990). The big- defendant, who was convicted, sold government agencies began importing headed ant is also known to be a these rare butterflies and beetles in and releasing alien predators and predator of eggs and caterpillars of malls and State fairs (USDJ 1995). In parasites for biological control of pests native , and can completely another case, special agents found at as early as 1865. These efforts resulted exterminate populations (Illingworth least 13 species protected under the Act, in the introduction of 243 alien species 1915; Zimmerman 1958). This ant and another 130 species illegally taken between 1890 and 1985, in some cases occurs at the first Blackburn’s sphinx from lands administered by the with the specific intent of reducing moth Maui site and is a direct threat to Department of the Interior (USDJ 1995). populations of native Hawaiian insects this population (Medeiros et al. 1993). The three men involved were convicted (Funasaki et al. 1988; Lai 1988). Alien Big-headed ants also occur on of poaching and commercial trade of arthropods, whether purposefully or Kahoolawe and Hawaii (A. Medeiros, butterflies protected under the Act (US accidentally introduced, pose the most pers. comm. 1998). Fish and Wildlife Service 1995; serious threat to Hawaii’s native insects, The Argentine ant (Iridomyrmex Williams 1996). through direct predation and parasitism, humilis) was discovered on the island of Sphinx moths, in general, are sought and competition for food or space Oahu in 1940 (Zimmerman 1941) and is by collectors, and, as early as the 1950’s, (Howarth and Medeiros 1989; Howarth now established on all the main islands. Unlike the big-headed ant, the there was a standing reward for and Ramsay 1991). specimens of another rare Hawaiian Argentine ant is primarily confined to sphinx moth (Tinostoma smargditis) Ants are not a natural component of elevations higher than 500 m (1,600 ft) (Zimmerman 1958). Specimens of Hawaii’s arthropod fauna, and native in areas of moderate rainfall (Reimer et Blackburn’s sphinx moth have already species evolved in the absence of al. 1990). This species can reduce been secured and traded by collectors predation pressure from ants. Ants can populations or even eliminate native and institutions (Dave Preston, B.P. be particularly destructive predators arthropods at high elevations in Bishop Museum, pers. comm. 1994). because of their high densities, Haleakala National Park on Maui (Cole According to unconfirmed reports recruitment behavior, aggressiveness, et al. 1992). On Maui, within 16 km (10 specimens of Blackburn’s sphinx moth and broad range of diet (Reimer 1993). mi) of the Blackburn’s sphinx moth from the Maui site are appearing in the Because they are generalist feeders, ants population, Argentine ants are specialist trade (A. Medeiros, pers. may affect prey populations significant predators on pest fruit flies comm. 1998). Listing the species as independently of prey density, and may (Wong et al. 1984). Argentine ants have federally endangered will increase its locate and destroy isolated individuals also been reported on the islands of attractiveness to collectors (USDJ 1993). and populations (Nafus 1993a). At least Kahoolawe and Hawaii (Adam Asquith, Unrestricted collecting and handling for 36 species of ants are known to be Service, and A. Medeiros, pers. comm. scientific purposes are known to impact established in the Hawaiian Islands, and 1998). populations of other species of rare 3 particularly aggressive species have The long-legged ant (Anoplolepis Lepidoptera (Murphy 1988), and are severely affected the native insect fauna longipes) appeared in Hawaii in 1952 considered significant threats to (Zimmerman 1948). The island of and now occurs on Oahu, Maui, and Blackburn’s sphinx moth. Because of Kahoolawe has not been extensively Hawaii (Reimer et al. 1990). It inhabits the high value accorded such rarities, surveyed at this time, but since ants elevations under 600 m (2,000 ft), in field collectors often take all individuals have adult winged reproductives, once rocky areas with moderate annual available (Morris et al. 1991). Even established in Hawaii in general, they rainfall of less than 250 cm (100 in) limited collection from the small are likely to colonize suitable habitats (Reimer et al. 1990). Direct observations populations of Blackburn’s sphinx moth on all islands in time, and several indicate that Hawaiian arthropods are can have deleterious effects on its species are already known to occur on susceptible to predation by this species reproductive or genetic viability and Kahoolawe. By the late 1870’s, the big- (Gillespie and Reimer 1993), and Hardy lead to the eventual extinction of this headed ant (Pheidole megacephala) was (1979) documented the disappearance of species. present in Hawaii, and its predation on most native insects from Pua’alu’u in native insects was noted by Perkins the Kipahulu District on Maui after the C. Disease or Predation (1913) who stated, ‘‘It may be said that area was invaded by the long-legged ant. The geographic isolation of the no native Hawaiian Coleoptera insect At least two species of fire ants, Hawaiian Islands restricted the number can resist this predator, and it is Solenopsis geminita and Solenopsis of original successful colonizing practically useless to attempt to collect papuana, are also important threats arthropods and resulted in the where it is well established. Just on the (Gillespie and Reimer 1993; Reagan development of an unusual fauna. An limits of its range one may occasionally 1986) and occur on all of the major unusually small number (15 percent) of meet with a few native beetles, e.g., islands (Reimer et al. 1990). Ants,

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Solenopsis (Spodoptera maurita) on tree tobacco on externally on caterpillars, and upon geminita occurs at the Maui moth Maui, an alternate host of Blackburn’s hatching, the larvae burrow into the location (A. Medeiros, pers. comm. sphinx moth (Swezey 1927). No direct host, attach to the inside surface of the 1998). Solenopsis geminita is also documentation exists of alien braconid cuticle, and consume the soft tissues known to be a significant predator on and ichneumonid wasps parasitizing (Etchegaray and Nishida 1975b). In pest fruit flies in Hawaii (Wong and Blackburn’s sphinx moth because of its North America, Chaetogaedia monticola Wong 1988). Solenopsis papuana is the rarity, but given the abundance and the is known to attack at least 36 species of only abundant, aggressive ant that has breadth of available hosts of these Lepidoptera in 8 families, including invaded intact mesic forest above 600 m wasps, they are considered significant ´ sphinx moths; Lespesia archippivora is (2,000 ft) and is still expanding its range threats to this species (Gagne and known to attack over 60 species of in Hawaii (Reimer 1993). Howarth 1985; Howarth 1983; Howarth Lepidoptera in 13 families, including Ochetellus glaber (No Common Name et al. 1994; F. G. Howarth, pers. comm. sphinx moths (Arnaud 1978). These (NCN)), a recently reported ant 1994). species are on record as parasites of a introduction, occurs in the same habitat Small wasps in the family variety of Lepidoptera in Hawaii and are utilized on Kahoolawe by Blackburn’s Trichogrammatidae parasitize insect believed to depress populations of at sphinx moth (A. Medeiros, pers. comm. eggs, with numerous adults sometimes least two native species of moths (Lai 1998). Ochetellus glaber was found in developing within a single host egg. The 1988). Over 40 percent of the relatively high numbers foraging on taxonomy of this group is confusing, caterpillars of the monarch butterfly shrubs of Nicotiana where eggs and and it is unclear if Hawaii has any (Danaus plexippus) on Oahu are larvae of the sphinx moth occur. In one native species (Nishida 1992, John parasitized by Lespesia archippivora instance, large numbers of Ochetellus Beardsley, University of Hawaii, pers. (Etchegaray and Nishida 1975a), and the glaber were observed emerging from a comm. 1994). Several alien species are introduction of a related species to Fiji dead moth larvae they had either established in Hawaii (Nishida 1992), resulted in the extinction of a native predated or scavenged (A. Medeiros, including minutum moth there (Howarth 1991; Tothill et al. pers. comm. 1998). (NCN), which is known to attack the 1930). Both of these species occur on On Kahoolawe, a large proportion of sweet hornworm in Hawaii Maui and are direct threats to tagged Blackburn’s sphinx moth eggs (Fullaway and Krauss 1945). In 1929, Blackburn’s sphinx moth. disappeared without hatching, the wasp Trichogramma chilonis (NCN) potentially indicating high egg was purposefully introduced into D. The Inadequacy of Existing predation, likely by ants, but perhaps by Hawaii as a biological control agent for Regulatory Mechanisms , or dislodging by high winds (A. the Asiatic rice borer (Chilo Blackburn’s sphinx moth occurs on Medeiros, pers. comm. 1998). suppressalis) (Funasaki et al. 1988). State-owned and private lands. This Hawaii also has a limited fauna of This wasp parasitizes the eggs of a species currently receives no formal native Hymenoptera wasp species, with variety of Lepidoptera in Hawaii, protection on any of these lands. only two native species in the family including sphinx moths (Funasaki et al. (Beardsley 1961), neither of 1988). Williams (1947) found 70 percent Federal listing would automatically which attack Blackburn’s sphinx moth. of the eggs of Blackburn’s sphinx moth invoke listing under Hawaii State law, In contrast, species of Braconidae are to be parasitized by a Trichogramma which prohibits taking and encourages common predators (parasitoids) on the wasp that was probably this species. conservation by State government larvae of the tobacco hornworm and the Over 80 percent of the eggs of the alien agencies. Hawaii’s Endangered Species tomato hornworm in North America grasswebworm (Herpetogramma Act (HRS, Sect. 195D–4(a)) states, ‘‘Any (Gilmore 1938). At least 74 alien licarsisalis) in Hawaii are parasitized by species of aquatic life, wildlife, or land species, in 41 genera, of braconid wasps these wasps (Davis 1969). In Guam, plant that has been determined to be an are now established in Hawaii, of which Trichogramma chilonis effectively endangered species pursuant to the at least 35 species were purposefully limits populations of the sweetpotato (Federal) Endangered Species Act shall introduced as biological control agents hornworm (Nafus and Schreiner 1986), be deemed to be an endangered species (Nishida 1992). Most species of alien and the sweet potato hornworm is under the provisions of this chapter and Braconidae and Ichneumonidae wasps considered under complete biological any indigenous species of aquatic life, parasitic on Lepidoptera are not host control by this wasp in Hawaii (Lai wildlife, or land plant that has been specific, but attack the caterpillars or 1988). While this wasp probably affects determined to be a threatened species pupae of a variety of moths (Funasaki et Blackburn’s sphinx moth in a density- pursuant to the (Federal) Endangered al. 1988; Zimmerman 1948, 1978) and dependent manner (Nafus 1993a), and Species Act shall be deemed to be a have become the dominant larval theoretically is unlikely to directly threatened species under the provisions parasitoids even in intact, high- cause extinction of a population or the of this chapter.’’ Further, the State may elevation, native forest areas of Hawaii species, the availability of more enter into agreements with Federal (Howarth et al. 1994; Zimmerman abundant, alternate hosts (any other agencies to administer and manage any 1948). These wasps lay their eggs in the lepidopteran eggs) may allow for the area required for the conservation, eggs or caterpillars of Lepidoptera. extirpation of Blackburn’s sphinx moth management, enhancement, or Upon hatching, the wasp larvae by this or other egg parasites as part of protection of endangered species (HRS, consume internal tissues, eventually a broader host base (Howarth 1991; Sect. 195D–5(c)). Funds for these destroying the host. At least one species Nafus 1993b; Tothill et al. 1930). activities could be made available under established in Hawaii, Hyposeter Hawaii has no native parasitic flies in section 6 of the Federal Act (State exiguae (NCN), is known to attack the the family Tachinidae (Nishida 1992). Cooperative Agreements).

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Alien predatory and parasitic insects 1998). Tree tobacco is a quick-growing, Section 4(a)(3) of the Act, as are an important reason for the pioneer shrub, while ‘aiea is a slow- amended, and implementing regulations reduction in range and abundance of growing, drought-adapted, long-lived (50 CFR 424.12) require that, to the Blackburn’s sphinx moth, and may be native tree that does well in drought maximum extent prudent and the most serious present threat to its periods when tree tobacco is dying or determinable, we designate critical continued existence. Some of these losing its foliage (A. Medeiros, pers. habitat at the time the species is alien species were intentionally comm. 1998). This adaptation determined to be endangered or introduced by the State of Hawaii’s emphasizes the importance of the native threatened. Our regulations (50 CFR Department of Agriculture or other host plant to the survival of Blackburn’s 424.12(a)(1)) state that the designation agricultural agencies (Funasaki et al. sphinx moth. of critical habitat is not prudent when 1988), and importations and We carefully assessed the best one or both of the following situations augmentations of lepidopteran scientific and commercial information exist—(1) the species is threatened by parasitoids continue. Federal available regarding the past, present, taking or other human activity, and regulations for the introductions of and future threats faced by this species identification of critical habitat can be biocontrol agents have not adequately in determining to make this rule final. expected to increase the degree of threat protected this species (Lockwood 1993). This species is threatened by habitat to the species, or (2) such designation of Presently, there are no Federal statutes degradation by introduced animals and critical habitat would not be beneficial that require biocontrol agents to be loss of its native host plant, to the species. reviewed before they are introduced, overcollection, and predation by ants The Final Listing Priority Guidance and the limited Federal review process and alien parasitoid wasps. The small for FY 1999/2000 (64 FR 57114) states requires consideration of potential harm number of populations of this species that the processing of critical habitat only to economically important species also makes it susceptible to extinction determinations (prudency and (Miller and Aplet 1993). Although the from random events. Because this determinability decisions) and proposed State of Hawaii requires that new species is in danger of extinction or final designations will no longer be introductions be reviewed before release throughout all of its range, it fits the subject to prioritization under the (HRS Chapt. 150A), postrelease biology definition of endangered as defined in Listing Priority Guidance. Critical and host range cannot be predicted from the Act. Based on this evaluation, we habitat determinations, which were laboratory studies (Gonzalez and find that the Blackburn’s sphinx moth previously included in final listing rules Gilstrap 1992; Roderick 1992), and the should be listed as endangered. published in the Federal Register, may purposeful release or augmentation of Although we have considered all now be processed separately, in which any lepidopteran predator or parasitoid available alternatives to this action, case stand-alone critical habitat is a potential threat to Blackburn’s ´ such alternatives would not be in determinations will be published as sphinx moth (Gagne; and Howarth 1985; accordance with the Act. Listing the notices in the Federal Register. We will Simberloff 1992). species as a threatened species would undertake critical habitat E. Other Natural or Manmade Factors not accurately reflect the status of determinations and designations during Affecting Its Continued Existence Blackburn’s sphinx moth based on the FY 2000 as allowed by our funding The small, restricted populations of information available. allocation for that year. As explained in detail in the Listing Priority Guidance, Blackburn’s sphinx moth increase the Critical Habitat potential for extinction from random our listing budget is currently events. Sphinx moths are typically Critical habitat is defined in section 3 insufficient to allow us to immediately strong fliers and likely existed as a of the Act as the specific areas within complete all of the listing actions series of metapopulations on the various the geographical area occupied by a required by the Act. islands (Harrison et al. 1988). species, at the time it is listed in In the proposed rule, we indicated Considerable intra-island movement accordance with the Act, on which are that designation of critical habitat was between populations and continued found those physical or biological not prudent for Blackburn’s sphinx colonizations and extinctions in new features essential to the conservation of moth because of a concern that localities probably occurred, accounting the species and that may require special publication of precise maps and for the historical records in tobacco management considerations or descriptions of critical habitat in the crops and gardens (Swezey 1924a, protection; and specific areas outside Federal Register could lead to incidents 1924b; Zimmerman 1958). The apparent the geographical area occupied by a of vandalism and destruction of habitat, extirpation of this moth at most lower species at the time it is listed, upon a as well as take by insect collectors. We elevations and in more mesic areas is determination that such areas are also indicated that designation of thought to correlate with the presence of essential for the conservation of the critical habitat was not prudent because alien predators and parasitoids and the species. ‘‘Conservation’’ means the use we believed it would not provide any loss of its preferred host plants. Thus, if of all methods and procedures needed additional benefit beyond that provided any of the known populations of the to bring the species to the point at through listing as endangered. In the Blackburn’s sphinx moth is severely which listing under the Act is no longer last few years, a series of court decisions reduced in size, little potential exists for necessary. have overturned Service determinations recolonization or ‘‘rescue’’ (Brown and Critical habitat designation directly regarding a variety of species that Kodric-Brown 1977) of the remaining affects only Federal agency actions designation of critical habitat would not population by immigrants (Arnold through consultation under section be prudent (e.g., Natural Resources 1983). Research studies at the first Maui 7(a)(2) of the Act. Section 7(a)(2) Defense Council v. U.S. Department of site suggest that during the recent requires Federal agencies to ensure that the Interior 113 F. 3d 1121 (9th Cir. drought period, proportionally more activities they authorize, fund, or carry 1997); Conservation Council for Hawaii eggs and larvae occurred on ‘aiea than out are not likely to jeopardize the v. Babbitt, 2 F. Supp. 2d 1280 (D. on tree tobacco, in a general reversal of continued existence of a listed species Hawaii 1998)). Based on the standards the trend during normal rainfall or destroy or adversely modify its applied in those judicial opinions, we conditions (A. Medeiros, pers. comm. critical habitat. have re-examined the question of

VerDate 272000 15:14 Jan 31, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM pfrm01 PsN: 01FER1 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations 4777 whether critical habitat for Blackburn’s Proposed designations or non- allowing us to provide the basic sphinx moth would be prudent. designations for 100 species are to be protections under the ESA for this Due to the small number of published by November 30, 2000. species. We will develop a proposal to populations, Blackburn’s sphinx moth is Proposed designation or non- designate critical habitat for this species vulnerable to unrestricted collection, designations for the remaining 145 as soon as feasible. vandalism, or other disturbance. Rare species are to be published by April 30, Available Conservation Measures butterflies and moths are highly prized 2002. Final designations or non- by collectors and an international, designations are to be published within Conservation measures provided to commercial trade exists for insect one year of each proposal. Compliance species listed as endangered or specimens which are sought for both with this court order is a huge threatened under the Act include live and decorative markets, as well as undertaking involving critical habitat recognition, recovery actions, the specialist trade that supplies determinations for over one-fifth of all requirements for Federal protection, and hobbyists, collectors, and researchers species that have ever been listed under prohibitions against certain activities. (Morris et al. 1991) (see Factor B). We the ESA, and over one-third of all listed Recognition through listing encourages are concerned that these threats might plant species. In addition, the Service and results in conservation actions by be exacerbated by the publication of has agreed to include in this effort Federal, State, and private agencies, critical habitat maps and further critical habitat designations for an groups, and individuals. Hawaii’s dissemination of locational information. additional 10 plants that are subject of Endangered Species Act states that, However, consistent with recent case another lawsuit. See Conservation ‘‘Any species of aquatic life, wildlife, or law, at this time, we believe there may Council for Hawaii v. Babbitt, Civ. No. land plant that has been determined to be benefits of critical habitat designation 99–00283 HG. The Service cannot be an endangered species pursuant to in some areas that may outweigh the develop proposed critical habitat the (Federal) Endangered Species Act risks. designation for this species without shall be deemed to be an endangered In the case of this species, there may significant disruption of intensive species under the provisions of this be some benefits to designation of efforts to comply with the Conservation chapter.’’ (Hawaii Revised Statutes critical habitat. The primary regulatory Council for Hawaii v. Babbitt remand. (HRS), sect. 195D–4(a)). Therefore, effect of critical habitat is the section 7 To attempt to do so could also affect Federal listing automatically invokes requirement that Federal agencies the listing program Region-wide. listing under Hawaii State Law, which refrain from taking any action that Administratively, the Service is divided prohibits taking of listed wildlife in the destroys or adversely modifies critical into seven geographic regions. This State and encourages conservation by habitat. While a critical habitat species is under the jurisdiction of State agencies (HRS, sect. 195D–4 and designation for habitat currently Region 1, which includes California, 5). The Endangered Species Act occupied by this species would not be Oregon, Washington, Idaho, Nevada, provides for possible land acquisition likely to change the section 7 Hawaii and other Pacific Islands. About and cooperation with the State and consultation outcome because an action one-half of all listed species occur in requires that recovery plans be that destroys or adversely modifies such Region 1. Region 1 receives, by far, the developed for all listed species. The critical habitat would also be likely to largest share of listing funds of any protection required of Federal agencies result in jeopardy to the species, there Service region because it has the and the prohibitions against certain may be a few instances where section 7 heaviest listing workload. Region 1 must activities involving listed animals are consultation would be triggered only if also expend its listing resources to discussed, in part, below. critical habitat is designated, such as comply with existing court orders or Section 7(a) of the Act, as amended, occupied habitat that may become settlement agreements. In fact, in the requires Federal agencies to evaluate unoccupied in the future. There may last fiscal year, all of the Region’s their actions with respect to any species also be some educational or funding allocation for critical habitat that is proposed or listed as endangered informational benefits to designating actions were extended to comply with or threatened. Regulations critical habitat. Therefore, at least in court orders. If the Service were to implementing this interagency areas where opportunity for public immediately prepare a proposed critical cooperation provision of the Act are access is limited, we find that critical habitat designation for this species, codified at 50 CFR Part 402. Section habitat is prudent for Blackburn’s notwithstanding the court order 7(a)(2) of the Act requires Federal sphinx moth. pertaining to 245 Hawaiian plant agencies to insure that activities they However, we cannot propose critical species, efforts to provide protection to authorize, fund, or carry out are not habitat designation for this species at many other species that are not yet likely to jeopardize the continued this time. The Service’s Hawaiian field listed would be delayed. While we existence of a listed species or to office, which would have the lead for believe there may be some benefits to destroy or adversely modify its critical such a proposal, is in the process of designating critical habitat for this habitat. If a Federal action may affect a complying with the court order in species, these benefits are significantly listed species or its critical habitat, the Conservation Council for Hawaii v. fewer in comparison to the benefits of responsible Federal agency must enter Babbitt, Civ. No. 97–00098 ACK (D. listing a species under the ESA because, into formal consultation with us. Haw. Mar. 9 and Aug. 10, 1998). In that as discussed above, the primary Federal agency actions that may require case, the United States District Court for regulatory effect of critical habitat is conference and/or consultation include the District of Hawaii remanded to the limited to the section 7 requirement that military training of the Hawaii National Service its ‘‘not prudent’’ findings on Federal agencies refrain from taking any Guard on State land near the first Maui critical habitat designation for 245 action that destroys or adversely site, and unexploded ordnance cleanup species of Hawaiian plants. The court modifies critical habitat. that is funded by the U.S. Navy near the ordered the Service not only to For these reasons, deferral of a Kahoolawe population on State land. reconsider these findings, but also to proposal to designate critical habitat Federally supported activities that designate critical habitat for any species will allow us to concentrate our limited could affect Blackburn’s sphinx moth for which we determine on remand that resources on higher priority critical and its habitat in the future include, but critical habitat designation is prudent. habitat and other listing actions, while are not limited to, the following: release

VerDate 272000 15:14 Jan 31, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM pfrm01 PsN: 01FER1 4778 Federal Register / Vol. 65, No. 21 / Tuesday, February 1, 2000 / Rules and Regulations or augmentation of biological control such activity is conducted in National Environmental Policy Act agents; road and firebreak construction; accordance with any reasonable and troop movements; removal of prudent measures given by the Service We have determined that unexploded ordnance; and fire resulting in a consultation conducted under Environmental Assessments and from the use of live ammunition. section 7 of the Act, and; Environmental Impact Statements, as Conservation of this moth is consistent (3) Activities on private lands that do defined under the authority of the with most ongoing operations at the not result in the take of Blackburn’s National Environmental Policy Act of occupied sites; however, listing of the sphinx moth, and do not require Federal 1969, need not be prepared in species may entail consultation in authorization and/or involve Federal connection with regulations adopted regard to activities taking place on funding. pursuant to section 4(a) of the military lands, or insect pest control Potential activities involving Endangered Species Act of 1973, as operations in Hawaii supported by Blackburn’s sphinx moth that we amended. We published a notice Federal agencies. believe will likely be considered a outlining our reasons for this The Act and its implementing violation of section 9 include, but are determination in the Federal Register regulations found at 50 CFR 17.21, not limited to, the following: on October 25, 1983 (48 FR 49244). 17.22, and 17.23 set forth a series of (1) Collection of specimens of this Paperwork Reduction Act general trade prohibitions and taxon for private possession, or exceptions that apply to all endangered deposition in an institutional collection This rule does not contain any wildlife. With respect to species without a proper permit; collection of information for which listed as endangered, all trade (2) Sale or purchase of specimens of Office of Management and Budget prohibitions of section 9(a)(1) of the Act, this taxon, except for properly (OMB) approval under the Paperwork implemented by 50 CFR 17.21, apply. documented antique specimens of this Reduction Act, 44 U.S.C. 3501 et seq. is These prohibitions, in part, make it taxon at least 100 years old, as defined required. An information collection illegal with respect to any endangered by section 10(h)(1) of the Act; related to the rule pertaining to permits animal for any person subject to the (3) Use of pesticides/herbicides in for endangered and threatened species jurisdiction of the United States to violation of label restrictions resulting has OMB approval and is assigned import or export; transport in interstate in take of Blackburn’s sphinx moth; clearance number 1018–0094. For or foreign commerce in the course of a (4) Unauthorized release of biological additional information concerning commercial activity; sell or offer for sale control agents that attack any life stage permits and associated requirements for in interstate or foreign commerce; or of this taxon, and; endangered and threatened wildlife, see take (includes harass, harm, pursue, (5) Removal or destruction of the 50 CFR 17.22 and 17.23. hunt, shoot, wound, kill, trap, or native host plant, defined as any species collect—or attempt any of these). in the genus Nothocestrum, within areas References Cited occupied by this taxon that results in Certain exceptions apply to our agents A complete list of all references cited harm to the Blackburn’s sphinx moth. and State conservation agencies. The in this document, as well as others, is Regulations at 50 CFR 17.3 defines Act and 50 CFR 17.22 and 17.23 also available upon request from the Pacific ‘‘harm’’ in the definition of take as an provide for the issuance of permits to Islands Ecoregion Office (see ADDRESSES act that actually kills or injures wildlife. carry out otherwise prohibited activities section). involving endangered animal species Such act may include significant habitat under certain circumstances. Such modification or degradation where it Author actually kills or injures wildlife by permits are available for scientific The primary authors of this final rule purposes, to enhance the propagation or significantly impairing essential are Dr. Adam Asquith, U.S. Fish and survival of the species, and for behavioral patterns, including breeding, Wildlife Service, Kauai National incidental take in connection with feeding, or sheltering. Wildlife Refuge Complex, P.O. Box otherwise lawful activities. Permits may be issued to carry out It is our policy, published in the otherwise prohibited activities 1128, Kilauea, Hawaii 96754, (808/828– Federal Register on July 1, 1994 (59 FR involving endangered wildlife species 1413), and Dr. Annie Marshall, 34272), to identify to the maximum under certain circumstances. Ecological Services, Pacific Islands extent practicable at the time a species Regulations governing permits are Ecoregion Office (see ADDRESSES is listed those activities that would or codified at 50 CFR 17.22 and 17.23. section) (808/541–3441). would not constitute a violation of Such permits are available for scientific List of Subjects in 50 CFR Part 17 section 9 of the Act. The intent of this purposes, to enhance the propagation or policy is to increase public awareness of survival of the species, and/or for Endangered and threatened species, the effect of this listing on proposed and incidental take in connection with Exports, Imports, Reporting and ongoing activities within the species’ otherwise lawful activities. recordkeeping requirements, range. We believe that, based on the best Questions regarding whether specific Transportation. available information, the following activities will constitute a violation of Regulation Promulgation actions will not result in a violation of section 9 of the Act should be directed section 9: to the Pacific Islands Manager (see Accordingly, amend part 17, (1) Possession, delivery, or movement, ADDRESSES section). Requests for copies subchapter B of chapter I, title 50 of the including interstate transport and of the regulations concerning listed Code of Federal Regulations, as set forth import into or export from the United animals and inquiries regarding below: States, involving no commercial activity prohibitions and permits may be of dead specimens of this taxon that addressed to the U.S. Fish and Wildlife PART 17Ð[AMENDED] were collected prior to the date of Service, Ecological Services, publication in the Federal Register of Endangered Species Permits, 911 N.E. 1. The authority citation for part 17 this final rule; 11th Avenue, Portland, Oregon, 97232– continues to read as follows: (2) Activities authorized, funded, or 4181 (telephone: 503/231–6241; Authority: 16 U.S.C. 1361–1407; 16 U.S.C. carried out by Federal agencies when facsimile 503/231–6243). 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

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625, 100 Stat. 3500, unless otherwise noted. under INSECTS, to the List of § 17.11 Endangered and threatened PART=’17’≤ Endangered and Threatened Wildlife: wildlife. 2. Amend section 17.11(h) by adding * * * * * the following, in alphabetical order (h) * * *

Species Vertebrate popu- Common name Scientific name Historic range lation where endan- Status When listed Critical habi- Special rule gered or threatened tat

INSECTS

******* Blackburn's sphinx Manduca blackburni U.S.A. (HI) ...... NA ...... E 682 NA NA moth.

*******

Dated: January 20, 2000. Jamie Rappaport Clark, Director, U.S. Fish and Wildlife Service. [FR Doc. 00–2135 Filed 1–31–00; 8:45 am] BILLING CODE 4310±55±P

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