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Listing 48 Species on Kauai As Endangered and Designating Critical Habitat; Proposed Rule

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Listing 48 Species on Kauai As Endangered and Designating Critical Habitat; Proposed Rule Tuesday, October 21, 2008 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing 48 Species on Kauai as Endangered and Designating Critical Habitat; Proposed Rule VerDate Aug<31>2005 16:54 Oct 20, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21OCP2.SGM 21OCP2 jlentini on PROD1PC65 with PROPOSALS2 62592 Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: any costs or benefits that we have overlooked. Fish and Wildlife Service Public Comments (9) Information on whether the DEA We intend that any final action makes appropriate assumptions 50 CFR Part 17 resulting from this proposal will be regarding current practices and any [FWS-R1-ES-2008–0046; MO 9221050083- based on the best scientific and regulatory changes likely if we designate B2] commercial data available and be as critical habitat. accurate and as effective as possible. (10) Information on whether the DEA RIN 1018-AV48 Therefore, we request comments or identifies all costs that could result from suggestions on this proposed rule from the critical habitat designation and Endangered and Threatened Wildlife the public, other concerned whether you agree with the analysis. and Plants; Listing 48 Species on governmental agencies, the scientific (11) Information on whether the DEA Kauai as Endangered and Designating community, industry, or any other correctly assesses the effect on regional Critical Habitat interested parties. We particularly seek costs associated with any land use AGENCY: Fish and Wildlife Service, comments concerning: controls that may result from the critical Interior. (1) Specific information on: habitat designation. ACTION: Proposed rule. • The amount and distribution of (12) Information on areas that the habitat for the species included in this critical habitat designation could SUMMARY: We, the U.S. Fish and proposed rule, potentially impact to a disproportionate Wildlife Service (Service), propose to • What areas currently occupied, and degree. list 48 species on the island of Kauai in that contain features essential for the (13) Economic data on the the Hawaiian Islands as endangered conservation of the species, we should incremental costs of designating any under the Endangered Species Act of include in the designation and why, and particular area as critical habitat. 1973, as amended (Act). We also • What areas not currently occupied (14) Information on any quantifiable propose to designate critical habitat for are essential to the conservation of the economic benefits of the designation of 47 of these species totaling 27,674 acres species and why. critical habitat. (15) Whether the benefits of excluding (ac) (11,199 hectares (ha)). Critical (2) Biological, commercial trade, or any particular area from critical habitat habitat designation is not prudent for other relevant data concerning threats outweigh the benefits of including that one species, Pritchardia hardyi, which (or lack thereof) to these species. area in critical habitat under section is threatened by overcollection, (3) Additional information concerning 4(b)(2) of the Act. vandalism, or other human activity. the range, distribution, and population This proposed rule, if made final, would (16) Information on economic impacts sizes of these species, including the that have occurred since the previous extend the Act’s protections to these locations of any additional populations species. economic analyses were completed of these species. relevant to critical habitat ‘‘overlap’’ DATES: We will accept comments (4) Any information on the biological areas, or that may occur in the future received on or before December 22, or ecological requirements of these due to designation of critical habitat (see 2008. We must receive requests for species. The following information Economic Analysis, below, for details). public hearings, in writing, at the regarding the potential economic and (17) Information on economic impacts address shown in the FOR FURTHER other impacts of the proposed critical relevant to areas where the proposed INFORMATION CONTACT section by habitat designation is requested solely critical habitat does not overlap with December 5, 2008. so that we may consider the potential existing critical habitat for other plants ADDRESSES: You may submit comments effects of critical habitat designation in on the island of Kauai. by one of the following methods: the final rule; this information will not (18) Any foreseeable economic, • Federal eRulemaking Portal: http:// be considered in the decision whether national security, or other potential www.regulations.gov. Follow the to list these 48 species. impacts resulting from the proposed instructions for submitting comments. (5) Land use designations and current critical habitat designation and, in • U.S. mail or hand-delivery: Public or planned activities in the areas particular, any impacts on small Comments Processing, Attn: FWS-R1- occupied by these species and their entities, and the benefits of including or ES-2008–0046; Division of Policy and possible impacts on these species and excluding areas that exhibit these Directives Management; U.S. Fish and proposed critical habitat. impacts. Wildlife Service; 4401 N. Fairfax Drive, (6) Which areas are appropriate as (19) Whether we could improve or Suite 222; Arlington, VA 22203. critical habitat for these species and modify our approach to designating We will not accept e-mail or faxes. We why they should be proposed for critical habitat in any way to provide for will post all comments on http:// designation as critical habitat. greater public participation and www.regulations.gov. This generally (7) The reasons why we should or understanding, or to better means that we will post any personal should not designate habitat as ‘‘critical accommodate public concerns and information you provide us (see the habitat’’ under section 4 of the Act (16 comments. ‘‘Public Comments’’ section below for U.S.C. 1531 et seq.), including whether You may submit your comments and more information). the benefit of designation outweighs materials concerning this proposed rule FOR FURTHER INFORMATION CONTACT: threats to the species caused by the by one of the methods listed in the Patrick Leonard, Field Supervisor, designation, such that the designation of ADDRESSES section. We will not Pacific Islands Fish and Wildlife Office, critical habitat for any particular species consider comments sent by e-mail or fax 300 Ala Moana Boulevard, Box 50088, is prudent. or to an address not listed in the Honolulu, HI 96850; telephone 808-792- (8) Information on whether the draft ADDRESSES section. 9400; facsimile 808-792-9581. If you use economic analysis (DEA) identifies all If you submit a comment via http:// a telecommunications device for the State and local costs and benefits www.regulations.gov, your entire deaf (TDD), call the Federal Information attributable to the proposed critical comment—including any personal Relay Service (FIRS) at 800-877-8339. habitat designation, and information on identifying information—will be posted VerDate Aug<31>2005 16:54 Oct 20, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\21OCP2.SGM 21OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Proposed Rules 62593 on the website. If you submit a to survive. We have therefore organized species. These 48 species (45 plants, 2 hardcopy comment that includes the species addressed in this proposed birds, and 1 picture-wing fly) are found personal identifying information, you rule by common ecosystem. Although in 6 ecosystem types: lowland mesic, may request at the top of your document the listing determination for each lowland wet, montane mesic, montane that we withhold this information from species is analyzed separately, we have wet, dry cliff, and wet cliff (Table 1). public review. However, we cannot organized the specific analysis for each Although most of these species are guarantee that we will be able to do so. species within the context of the restricted to a single ecosystem, some We will post all hardcopy comments on broader ecosystem in which it occurs to are found in multiple ecosystems. For http://www.regulations.gov. avoid redundancy. In addition, native each species, we identified and Comments and materials we receive, species that share ecosystems often face evaluated those factors that threaten the as well as supporting documentation we a suite of common factors that may species and that may be common to all used in preparing this proposed rule, threaten them, and these threat factors of the species at the ecosystem level. For will be available for public inspection at require similar management actions to example, the degradation of habitat by http://www.regulations.gov, or by ameliorate or eliminate them. Effective feral ungulates is considered a threat to appointment, during normal business management of these threat factors often each species within each ecosystem. As hours, at the U.S. Fish and Wildlife requires implementation of conservation a result, this threat factor is considered actions at the ecosystem scale to Service, Pacific Islands Fish and to be a multiple ecosystem-level threat, enhance or restore critical ecological Wildlife Office (see FOR FURTHER as each individual species within each processes and provide for long-term INFORMATION CONTACT). ecosystem faces
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