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endangered or threatened species under lanaiensis, Hedyotis mannii, Hedyotis pacificislands.fws.gov or by request the Act between 1991 and 1999. Some schlechtendahliana var. remyi, from the Field Supervisor at the address of these species may also occur on other Hesperomannia arborescens, Hibiscus and phone number under (1 and 2) Hawaiian islands. Previously, we brackenridgei, Isodendrion pyrifolium, above. proposed that designation of critical Labordia tinifolia var. lanaiensis, Information regarding this proposal is habitat was prudent for 32 (Abutilon Melicope munroi, Neraudia sericea, available in alternative formats upon eremitopetalum, Adenophorus periens, Portulaca sclerocarpa, Sesbania request. Bidens micrantha ssp. kalealaha, tomentosa, Solanum incompletum, Author Bonamia menziesii, Brighamia rockii, Spermolepis hawaiiensis, Cenchrus agrimonioides, Centaurium Tetramolopium remyi, Vigna o- The primary author of this notice is sebaeoides, Clermontia oblongifolia ssp. wahuensis, and Viola lanaiensis) plant Gina Shultz (see ADDRESSES section). mauiensis, Ctenitis squamigera, Cyanea species. Critical habitat is not proposed Authority: The authority for this action is grimesiana ssp. grimesiana, Cyanea for four (Mariscus fauriei, Silene the Endangered Species Act of 1973 (16 lobata, Cyanea macrostegia ssp. lanceolata, Tetramolopium lepidotum U.S.C. 1531 et seq.). gibsonii, Cyperus trachysanthos, ssp. lepidotum, and Zanthoxylum Dated: November 5, 2002. hawaiiense) of the 37 species which no Cyrtandra munroi, Diellia erecta, Paul Hoffman, Diplazium molokaiense, Gahnia longer occur on the island of Lanai, and for which we are unable to identify any Acting Assistant Secretary for Fish and lanaiensis, Hedyotis mannii, Wildlife and Parks. Hesperomannia arborescens, Hibiscus habitat that is essential to their [FR Doc. 02–29047 Filed 11–12–02; 3:04 pm] brackenridgei, Isodendrion pyrifolium, conservation on the island of Lanai. Mariscus fauriei, Neraudia sericea, Critical habitat is not proposed for BILLING CODE 4310–55–P Portulaca sclerocarpa, Sesbania Phyllostegia glabra var. lanaiensis for the reasons given above. Eight critical tomentosa, Silene lanceolata, Solanum DEPARTMENT OF THE INTERIOR incompletum, Spermolepis hawaiiensis, habitat units, totaling approximately Tetramolopium remyi, Vigna o- 7,853 hectares (19,405 acres), are Fish and Wildlife Service wahuensis, Viola lanaiensis, and proposed for designation on the island Zanthoxylum hawaiiense) of the 37 of Lanai. For locations of these proposed 50 CFR Part 17 species reported from the island of units, please consult the proposed rule Lanai. No change is made to the 32 (67 FR 9806). RIN 1018—AH01 proposed prudency determinations in Public Comments Solicited Endangered and Threatened Wildlife the March 4, 2002, revised proposed Since the close of the comment and Plants; Determination of Critical critical habitat rule for plants from period, we have received new Habitat for the Kauai Cave Wolf Spider Lanai. We previously proposed that information in the form of a draft and Kauai Cave Amphipod designation of critical habitat was not conservation agreement (copy available prudent for Phyllostegia glabra var. AGENCY: Fish and Wildlife Service, upon request) from the owner of Unit D. lanaiensis because it had not been seen Interior. The comment period is reopened to recently in the wild, and no viable allow additional time for all interested ACTION: Proposed rule; extension of genetic material of this species is known parties to consider the information and comment period and notice of to exist (65 FR 82086). No change is submit written comments on the availability of draft economic analysis. made to this proposed prudency proposal. One possible outcome may be determination in the March 4, 2002, SUMMARY: We, the U.S. Fish and a decision to exclude this area from the revised proposed critical habitat rule (67 Wildlife Service, announce the final designation pursuant to section FR 9806). In the March 4, 2002, revised availability of the draft economic 4(b)(2) of the Act. proposed critical habitat rule, we analysis for the proposed designations We will accept written comments and of critical habitat for the Kauai cave proposed that designation of critical information during this reopened habitat is prudent for Tetramolopium wolf spider and Kauai cave amphipod comment period. If you wish to from the island of Kauai, Hawaii. We are lepidotum ssp. lepidotum, a species for comment, you may submit your which a prudency determination has now providing notice of extending the comments and materials concerning this comment period to allow peer reviewers not been made previously. We proposal by any of the following determined that designation of critical and all interested parties to comment methods: simultaneously on the proposed rule habitat was prudent for Hedyotis (1) You may submit written comments and the associated draft economic schlechtendahliana var. remyi, Labordia and information to the Field Supervisor, analysis. The draft economic analysis tinifolia var. lanaiensis, and Melicope U.S. Fish and Wildlife Service, Pacific shows a range likely costs from the munroi at the time of their listing in Islands Office, 300 Ala Moana Blvd., proposed critical habitat designation of 1999. P.O. Box 50088, Honolulu, HI 96850– between $743 million to $1.955 billion We also proposed designation of 0001. critical habitat for 32 (Abutilon (2) You may hand-deliver comments over the 18 year period from 2003 to eremitopetalum, Adenophorus periens, to our Honolulu Fish and Wildlife 2020. Comments previously submitted Bidens micrantha ssp. kalealaha, Office at the address given above. need not be resubmitted as they will be Bonamia menziesii, Brighamia rockii, Comments and materials received, as incorporated into the public record as Cenchrus agrimonioides, Centaurium well as supporting documentation used part of this extended comment period sebaeoides, Clermontia oblongifolia ssp. in preparation of the proposal to and will be fully considered in mauiensis, Ctenitis squamigera, Cyanea designate critical habitat, will be preparation of the final rule. grimesiana ssp. grimesiana, Cyanea available for inspection, by DATES: We will accept public comments lobata, Cyanea macrostegia ssp. appointment, during normal business until December 16, 2002. gibsonii, Cyperus trachysanthos, hours at the address under (1) above. ADDRESSES: Written comments and Cyrtandra munroi, Diellia erecta, Copies of the draft document are information should be submitted to Diplazium molokaiense, Gahnia available on the Internet at http:// Field Supervisor, U.S. Fish and Wildlife

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Service, Pacific Islands Office, 300 Ala candidate species. Candidate species are extension of time was needed to Moana Blvd., P.O. Box 50088, Honolulu, those for which we have on file complete this designation making HI 96850–0001. Copies of the draft sufficient information on biological process. On August 21, 2002, the U.S. economic analysis are available on the vulnerability and threats to support District Court in Hawaii approved Internet at http://pacificislands.fws.gov proposals to list the species as another joint stipulation extending the or by request from the Field Supervisor threatened or endangered. The two cave date for the final rule designating at the above address and 808/541–3441. arthropods were included as candidate critical habitat for this species to March For further instructions on commenting, species in the September 19, 1997 (62 31, 2003. refer to Public Comments Solicited FR 49398), Notice of Review. We proposed critical habitat section of this notice. A proposed rule to list these two designations for the Kauai cave wolf FOR FURTHER INFORMATION CONTACT: Paul species as endangered was published on spider and the Kauai cave amphipod on Henson, Field Supervisor, Pacific December 5, 1997 (62 FR 64340), and March 27, 2002, totaling approximately Islands Office, at the above address the final rule to list them was published 1,697 hectares (ha) (4,193 acres (ac)) on (telephone: 808/541–3441; facsimile: on January 14, 2000 (65 FR 2348). In the the island of Kauai, Hawaii (67 FR 808/541–3470). proposed listing rule, we indicated that 14671). designation of critical habitat for the SUPPLEMENTARY INFORMATION: Critical habitat receives protection Kauai cave wolf spider and Kauai cave from destruction or adverse Background amphipod was not prudent. Our modification through required concern was that publication of precise On June 16, 1978, we published in the consultation under section 7 of the Act maps and descriptions of critical habitat Federal Register a proposal to list the (16 U.S.C. 1531 et seq.) with regard to in the Federal Register could increase Kauai cave wolf spider (Adelocosa actions carried out, funded, or human visitation to these highly anops) as an endangered species and the authorized by a Federal agency. Section sensitive cave habitats, which could Kauai cave amphipod (Spelaeorchestia 4(b)(2) of the Act requires that the lead to incidents of vandalism, koloana) as threatened (43 FR 26084). Secretary shall designate or revise destruction of habitat, and unintentional That proposal was withdrawn on critical habitat based upon the best cases of take. Also, we believed that scientific and commercial data September 2, 1980 (45 FR 58171) as a critical habitat designation would not available, and after taking into result of a provision in the 1978 provide any additional benefit to these consideration the economic impact of Amendments to the Endangered Species species beyond that provided through specifying any particular area as critical Act of 1973 that required withdrawal of listing as endangered. all pending proposals that were not However, in the final rule, we habitat. We have prepared a draft made final within 2 years of the determined that critical habitat economic analysis of the proposed proposal or within one year after designation was prudent as at the time critical habitat designation. The draft passage of the Amendments, which ever we did not find specific evidence of economic analysis is available on the period was longer. An initial taking, vandalism, collection, or trade of Internet and from the mailing address in comprehensive Notice of Review for these species or any other similarly the Public Comments Solicited section invertebrate animals was published on situated species. Also, we did find that below. May 22, 1984 (49 FR 21664), in which there may also be some educational or The public comment period for the the Kauai cave wolf spider and Kauai informational benefit to designating March 27, 2002, proposal originally cave amphipod were treated as category critical habitat. Therefore, we found that closed on May 28, 2002. We are now 2 candidates for Federal listing. the benefits of designating critical announcing the availability of the draft Category 2 taxa were those for which habitat for these two species outweighed economic analysis and the extension of conclusive data on biological the benefits of not designating critical the comment period for the Kauai cave vulnerability and threats were not habitat. In that final rule, we determined wolf spider and Kauai cave amphipod. currently available to support proposed that critical habitat designation would We will accept public comments on the rules. be prudent, and we also indicated that proposal and the associated draft We published an updated Notice of we were not able to develop a proposed economic analysis for the Kauai cave Review for animals on January 6, 1989 critical habitat designation for both wolf spider and Kauai cave amphipod (54 FR 554). In this notice, the Kauai species at that time due to budgetary until the close of this comment period cave wolf spider and Kauai cave and workload constraints. (see DATES). The extension of the amphipod were treated as category 1 On June 2, 2000, we were ordered by comment period gives all interested candidates for Federal listing. Category the U.S. District Court for the District of parties the opportunity to comment on 1 taxa were those for which we had on Hawaii (in Center for Biological the proposal and the associated draft file substantial information on Diversity v. Babbitt and Clark, Civ. No. economic analysis for the Kauai cave biological vulnerability and threats to 99–00603 (D. Haw.) to publish the final wolf spider and Kauai cave amphipod. support preparation of listing proposals. critical habitat designation for both cave Comments already submitted on the However, in the Notice of Review for all animals by February 1, 2002. The proposed designation of critical habitat animal taxa published on November 21, plaintiffs and the Service entered into a for the Kauai cave wolf spider and 1991 (56 FR 58804), the two Kauai cave consent decree in a separate action Kauai cave amphipod need not be arthropods were listed as category 2 agreeing to jointly seek an extension of resubmitted as they will be fully candidates. In the November 15, 1994, this deadline (Center for Biological considered in the final determinations. Notice of Review for all animal taxa (59 Diversity v. Norton, Civ. No. 01–2063 Public Comments Solicited FR 58982), the two Kauai cave D.D.C. October 2, 2001). arthropods were again elevated to On January 30, 2002, the U.S. District We will accept written comments and category 1 candidates. Upon publication Court in Hawaii approved a joint information during this re-opened of the February 28, 1996, Notice of stipulation to modify the terms of the comment period. If you wish to Review (61 FR 7596), we ceased using June 2 order to extend the deadline to comment, you may submit your candidate category designations and August 10, 2002. Subsequently, the comments and materials concerning this included the two cave arthropods as Service determined that an additional proposal by any of several methods:

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(1) You may submit written comments period, the draft economic analysis discontinued the designation of and information to the Field Supervisor, shows a range of direct costs from $1.2 multiple categories of candidates, and U.S. Fish and Wildlife Service, Pacific to 1.9 million, and the possibility of only those taxa meeting the definition of Islands Office, 300 Ala Moana Blvd., indirect costs approaching $500 million. former category 1 candidates are now P.O. Box 50088, Honolulu, HI 96850– However, many of the indirect costs considered candidates for listing 0001. Or by facsimile at 808/541–3470. shown in the analysis result from purposes. In the February 28, 1996, (2) You may hand-deliver comments uncertain and possibly unlikely future Notice of Review, we identified to our Honolulu Fish and Wildlife private and governmental actions, and Blackburn’s sphinx moth as a candidate Office at the address given above. we expressly request comments as to the species (61 FR 7596). A proposed rule Comments and materials received, as likelihood of these actions occurring to list Blackburn’s sphinx moth as well as supporting documentation used and of the indicated costs from these endangered was published on April 2, in preparation of the proposal to possible actions being incurred. 1997 (62 FR 15640). In the September designate critical habitat, will be Comments previously submitted need 19, 1997, Notice of Review (62 FR available for inspection, by not be resubmitted as they will be 49398), this species was included as appointment, during normal business incorporated into the public record as proposed for endangered status. hours at the address under (1) above. part of this extended comment period A final listing rule, listing the Copies of the draft economic analysis and will be fully considered in Blackburn’s sphinx moth as endangered, are available on the Internet at http:// preparation of the final rule. was published in the Federal Register pacificislands.fws.gov or by request DATES: We will accept public comments on February 1, 2000 (65 FR 4770). In from the Field Supervisor at the address until December 30, 2002. Any that final rule, we determined that and phone number under (1 and 2) comments received by the closing date critical habitat designation for the moth above. will be considered in the final decision would be prudent, and we also on this proposal. indicated that we were not able to Author(s) develop a proposed critical habitat ADDRESSES: Written comments and The primary author of this notice is designation for the species at that time information should be submitted to Lorena Wada (see ADDRESSES). due to budgetary and workload Field Supervisor, U.S. Fish and Wildlife constraints. Authority Service, Pacific Islands Office, 300 Ala On June 2, 2000, we were ordered by The authority for this action is the Moana Blvd., P.O. Box 50088, Honolulu, the U.S. District Court for the District of Endangered Species Act of 1973 (16 HI 96850–0001. Copies of the draft Hawaii (in Center for Biological U.S.C. 1531 et seq.). economic analysis are available on the Diversity v. Babbitt, Civil No. 99–00603) Internet at http://pacificislands.fws.gov to publish the final critical habitat Dated: November 5, 2002. or by request from the Field Supervisor Paul Hoffman, designation for Blackburn’s sphinx at above address and 808/541–3441. For moth by February 1, 2002. The plaintiffs Acting Assistant Secretary for Fish and further instructions on commenting, Wildlife and Parks. and the Service have entered into a refer to Public Comments Solicited consent decree agreeing to extend the [FR Doc. 02–29048 Filed 11–12–02; 3:04 pm] section of this notice. deadline to May 30, 2003. Center for BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: Paul Biological Diversity, et al. v. Norton, Henson, Field Supervisor, Pacific Civ. No. 99–00603 (Aug. 22, 2002). Islands Office, at the above address DEPARTMENT OF THE INTERIOR In response to the court order, on June (telephone: 808/541–3441; facsimile: 13, 2002, we published a proposed Fish and Wildlife Service 808/541–3470). critical habitat rule for the Blackburn’s SUPPLEMENTARY INFORMATION: sphinx moth. The species is known historically from the islands of Hawaii, 50 CFR Part 17 Background Kauai, Maui, Molokai, and Oahu, and RIN 1018–AH94 An initial comprehensive Notice of known currently from the islands of Review for Invertebrate Animals was Hawaii, Kahoolawe, and Maui (67 FR Endangered and Threatened Wildlife published in the Federal Register on 40633). We proposed a total of and Plants; Designation of Critical May 22, 1984 (49 FR 21664). In that approximately 40,240 hectares (99,433 Habitat for Blackburn’s Sphinx Moth notice, we identified Blackburn’s sphinx acres) on the islands of Maui, Hawaii, AGENCY: Fish and Wildlife Service, moth as a category 3A taxon. Category Molokai, and Kahoolawe. Interior. 3A taxa were those for which we had Critical habitat receives protection ACTION: Proposed rule; notice of persuasive evidence of extinction. We from destruction or adverse availability of draft economic analysis. published an updated Notice of Review modification through required for animals on January 6, 1989 (54 FR consultation under section 7 of the Act SUMMARY: We, the U.S. Fish and 554). Although Blackburn’s sphinx (16 U.S.C. 1531 et seq.) with regard to Wildlife Service, announce the moth had been rediscovered by 1985, in actions carried out, funded, or availability of the draft economic the 1989 Notice of Review this taxon authorized by a Federal agency. Section analysis for the proposed designations was again identified as category 3A. In 4(b)(2) of the Act requires that the of critical habitat for the Blackburn’s the next Notice of Review on November Secretary designate critical habitat sphinx moth (Manduca blackburni) on 15, 1994 (59 FR 58982), this species was based upon the best scientific and the islands of Maui, Hawaii, Molokai, reclassified as a category 1 candidate for commercial data available, and after and Kahoolawe, Hawaii. The comment listing. Category 1 candidates were taking into consideration the economic period to allow peer reviewers and all those taxa for which we had on file impact of specifying any particular area interested parties to comment sufficient information on biological as critical habitat. We have prepared a simultaneously on the proposed rule (67 vulnerability and threats to support draft economic analysis of the proposed FR 54763) and the associated draft preparation of listing proposals. critical habitat designation. The draft economic analysis currently ends on Beginning with our February 28, 1996, economic analysis is available on the December 30, 2002. Over a 10-year Notice of Review (61 FR 7596), we Internet and from the mailing address in

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