67786 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR listing if it is endangered or threatened habitat, is required. We require throughout all or a significant portion of additional time to analyze the best Fish and Wildlife Service its range. Listing a species as an available scientific data in order to endangered or threatened species can identify specific areas appropriate for 50 CFR Part 17 only be completed by issuing a rule. critical habitat designation and to [Docket No. FWS–R1–ES–2015–0125; Critical habitat is to be designated, to analyze the impacts of designating such 4500030113] the maximum extent prudent and areas as critical habitat. Accordingly, we determinable, for any species find designation of critical habitat to be RIN 1018–BB07 determined to be an endangered or ‘‘not determinable’’ at this time. threatened species under the Act. Endangered and Threatened Wildlife The basis for our action. Under the This rule makes final the listing of 10 Act, we can determine that a species is and Plants; Endangered Status for 49 animal species (the Hawaii DPS of the Species From the Hawaiian Islands an endangered or threatened species band-rumped storm-petrel based on any of five factors: (A) The AGENCY: Fish and Wildlife Service, (Oceanodroma castro), the orangeblack present or threatened destruction, Hawaiian damselfly (Megalagrion Interior. modification, or curtailment of its xanthomelas), the anchialine pool ACTION: Final rule. habitat or range; (B) overutilization for shrimp (Procaris hawaiana), and seven commercial, recreational, scientific, or SUMMARY: yellow-faced bees (Hylaeus anthracinus, We, the U.S. Fish and educational purposes; (C) disease or H. assimulans, H. facilis, H. hilaris, H. Wildlife Service (Service), determine predation; (D) the inadequacy of kuakea, H. longiceps, and H. mana)), endangered status under the existing regulatory mechanisms; or (E) and 39 plant species (Asplenium Endangered Species Act of 1973 (Act), other natural or manmade factors diellaciniatum (no common name, as amended, for 10 animal species, affecting its continued existence. We NCN), Calamagrostis expansa (Maui including the Hawaii DPS of the band- have determined that these 49 species reedgrass), Cyanea kauaulaensis (NCN), rumped storm-petrel (Oceanodroma are experiencing population-level castro), the orangeblack Hawaiian Cyclosorus boydiae (kupukupu makalii), Cyperus neokunthianus (NCN), impacts as the result of the following damselfly (Megalagrion xanthomelas), current and ongoing threats: the anchialine pool shrimp (Procaris Cyrtandra hematos (haiwale), Deparia • hawaiana), and seven yellow-faced bees kaalaana (NCN), Dryopteris glabra var. Habitat loss and degradation due to (Hylaeus anthracinus, H. assimulans, H. pusilla (hohiu), Exocarpos menziesii urbanization; nonnative feral ungulates facilis, H. hilaris, H. kuakea, H. (heau), Festuca hawaiiensis (NCN), (hoofed mammals, e.g., pigs, goats, axis longiceps, and H. mana), and for 39 Gardenia remyi (nanu), Huperzia deer, black-tailed deer, mouflon, and plant species from the Hawaiian Islands. stemmermanniae (NCN), Hypolepis cattle); nonnative plants; wildfire; and This rule adds these species to the hawaiiensis var. mauiensis (olua), water extraction. Federal Lists of Endangered and Joinvillea ascendens ssp. ascendens • Predation or herbivory by nonnative Threatened Wildlife and Plants. (ohe), Kadua fluviatilis (kamapuaa), feral ungulates, rats, slugs, bullfrogs, DATES: This rule is effective October 31, Kadua haupuensis (NCN), Labordia Jackson’s chameleons, ants, and wasps. 2016. lorenciana (NCN), Lepidium orbiculare • Stochastic events such as (anaunau), Microlepia strigosa var. ADDRESSES: This final rule is available landslides, flooding, drought, tsunami, mauiensis (NCN), Myrsine fosbergii on the Internet at http:// and hurricanes. (kolea), Nothocestrum latifolium (aiea), • www.regulations.gov and at http:// Ochrosia haleakalae (holei), Human activities such as www.fws.gov/pacificislands. Comments Phyllostegia brevidens (NCN), recreational use of anchialine pools, and materials we received, as well as Phyllostegia helleri (NCN), Phyllostegia dumping of nonnative fish and trash supporting documentation we used in stachyoides (NCN), Portulaca villosa into anchialine pools, and manmade preparing this rule, are available for (ihi), Pritchardia bakeri (Baker’s loulu), structures and artificial lighting. public inspection at http:// Pseudognaphalium sandwicensium var. • Vulnerability to extinction due to www.regulations.gov, or, by molokaiense (enaena), Ranunculus small numbers of individuals and appointment, during normal business hawaiensis (makou), Ranunculus occurrences and lack of regeneration. hours at: U.S. Fish and Wildlife Service, mauiensis (makou), Sanicula • Pacific Islands Fish and Wildlife Office, Competition with nonnative plants sandwicensis (NCN), Santalum and nonnative invertebrates. 300 Ala Moana Boulevard, Honolulu, HI involutum (iliahi), Schiedea diffusa ssp. Existing regulatory mechanisms and 96850; telephone 808–792–9400; or diffusa (NCN), Schiedea pubescens conservation efforts are not adequate to facsimile 808–792–9581. (maolioli), Sicyos lanceoloideus FOR FURTHER INFORMATION CONTACT: (anunu), Sicyos macrophyllus (anunu), ameliorate the impacts of these threats Mary M. Abrams, Ph.D., Field Solanum nelsonii (popolo), Stenogyne on any of the 49 species such that listing Supervisor, Pacific Islands Fish and kaalae ssp. sherffii (NCN), and is not warranted. Environmental effects Wildlife Office, 300 Ala Moana Wikstroemia skottsbergiana (akia), as from climate change are likely to Boulevard, Honolulu, HI 96850; endangered species. exacerbate the impacts of these threats. telephone 808–792–9400; or facsimile Delineation of critical habitat requires Peer review and public comment. We 808–792–9581. Persons who use a identification of the physical or sought comments from independent telecommunications device for the deaf biological features essential to the specialists to ensure that our (TDD) may call the Federal Information species’ conservation. A careful designation is based on scientifically Relay Service (FIRS) at 800–877–8339. assessment of the biological needs of the sound data, assumptions, and analyses. SUPPLEMENTARY INFORMATION: species and the areas that may have the We invited these peer reviewers to physical or biological features essential comment on our listing proposal. We Executive Summary for the conservation of the species and also considered all comments and Why we need to publish a rule. Under that may require special management information we received during two the Endangered Species Act (Act), a considerations or protections, and thus comment periods, including at one species may warrant protection through qualify for designation as critical public hearing. VerDate Sep<11>2014 22:14 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30SER5.SGM 30SER5 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67787 Previous Federal Actions provided comments or testimony at the cause further loss of anchialine pool Please refer to the proposed listing public hearing). The National Park habitat. Our Response: We have added sea- rule for the 49 species from the Service (NPS) provided new level rise and coastal inundation as Hawaiian Islands (80 FR 58820; information about the numbers and threats to P. hawaiana and its habitat September 30, 2015) for a detailed range of species in this rule that occur under the discussion in this rule titled description of previous Federal actions on NPS lands, and about graduate ‘‘Climate Change’’ (Factor E. Other concerning these species. research on the orangeblack Hawaiian damselfly. We appreciate the time and Natural or Manmade Factors Affecting Summary of Comments and effort taken by all commenters to submit Their Continued Existence). Recommendations their views and information, and we (2) Comment: One peer reviewer stated that because sea-level rise could On September 30, 2015, we published have incorporated all substantive new increase surface connectivity between a proposed rule to list 49 species (39 information, e.g., from the National Park currently isolated anchialine pools, plants and 9 animals) from the Service, into this final rule. However, invasion by nonnative fish would be Hawaiian Islands as endangered we received some comments from the public on the possible future exacerbated. throughout their ranges and the Hawaii Our Response: In this rule, we have population (distinct population segment designation of critical habitat and on a variety of other topics. To the extent added surface connectivity to our (DPS)) of the band-rumped storm-petrel summary description of the status and as endangered (80 FR 58820). The that comments do not pertain to the proposed listing rule, we do not address stressors to P. hawaiana as a factor comment period for the proposed rule likely to exacerbate the threat posed by lasted 60 days, ending November 30, them in this final rule. In this final rule, we address only those comments nonnative fish to this species and its 2015 We published a public notice of anchialine pool habitat (see Anchialine the proposed rule in the local Honolulu relevant to the listing of the 49 species from the Hawaiian Islands. pool shrimp (Procaris hawaiana), under Star Advertiser, West Hawaii Today, Summary of Biological