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PART 61—HEALTHCARE INTEGRITY breeding biology in 1994 and 1995 now extirpated population may have AND PROTECTION DATA BANK FOR resulted in a population estimate of occurred on the island of Saipan, just FINAL ADVERSE INFORMATION ON approximately 52,904 . In 1996, a north of Tinian. The monarch also was HEALTH CARE PROVIDERS, replication of the 1982 surveys yielded reported from the tiny island of Agiguan SUPPLIERS AND PRACTITIONERS a population estimate of 55,721 birds. just south of Tinian in the early 1950’s, The 1996 survey also found a significant but some authorities discount this I Accordingly, the interim final rule increase in forest density since 1982, report as an error (Engbring et al. 1986). with comment period amending 45 CFR indicating an improvement in monarch Heavy disturbance of Tinian’s native part 61, which was published on June 17, habitat quality. This final rule removes forests began in the 18th century when 2004 in the Federal Register at 69 FR the Tinian monarch from the Federal the Spaniards used Tinian as a supply 33866–33869 is adopted as a final rule List of Endangered and Threatened island for Guam, and maintained large without change. Wildlife, thereby removing all herds of cattle and other ungulates on Dated: August 23, 2004. protections provided by the Act. the island (Fosberg 1960). In 1926, a Lewis Morris, DATES: This rule is effective September Japanese company leased the entire 21, 2004. island and cleared additional forested Chief Counsel to the Inspector General. lands for sugarcane production (Belt- ADDRESSES: The administrative file for Approved: September 15, 2004. Collins 1994). During WW II, the this rule is available for inspection, by Tommy G. Thompson, sugarcane plantations and most appointment, during normal business Secretary. remaining native vegetation were hours at the U.S. Fish and Wildlife [FR Doc. 04–21204 Filed 9–20–04; 8:45 am] destroyed by military campaigns and Service, Pacific Islands Fish and BILLING CODE 4152–01–P military construction (Baker 1946). After Wildlife Office, 300 Ala Moana the war, the USDOD may have seeded Boulevard, Room 3–122, Box 50088, the island with tangantangan (Leucaena Honolulu, Hawaii 96850. DEPARTMENT OF THE INTERIOR leucocephala), a rapidly growing tree FOR FURTHER INFORMATION CONTACT: Eric that is not native to the Marianas, to Fish and Wildlife Service VanderWert, Pacific Islands Fish and slow erosion (U.S. Fish and Wildlife Wildlife Office, at the above address Service [USFWS] 1995; 1996). 50 CFR Part 17 (telephone 808/792–9400; facsimile Currently, the vegetation on Tinian is 808/792–9581). highly disturbed, with tangantangan RIN 1018–AI14 SUPPLEMENTARY INFORMATION: thickets being the most abundant habitat Endangered and Threatened Wildlife Background type (Fosberg 1960; Engbring et al. 1986; and Plants; Final Rule To Remove the Falanruw et al. 1989). Engbring et al. Tinian is a small [101 square (1986) estimated that 38 percent of Tinian Monarch From the Federal List kilometers (38 square miles)] island in of Endangered and Threatened Wildlife Tinian was dominated by tangantangan, the Commonwealth of the Northern while Falanruw et al. (1989) estimated AGENCY: Fish and Wildlife Service, Mariana Islands (CNMI), and is located that 54 percent of the island was Interior. three islands to the north of Guam. The covered in secondary vegetation, which ACTION: Final rule. human population of Tinian was included tangantangan thickets. Only 5 estimated at 3,540 during a census in to 7 percent of the island is estimated SUMMARY: Under the authority of the 2000. The majority of residents live in to support native forest, which is Endangered Species Act (Act) of 1973, the island’s only town of San Jose at the restricted to steep limestone as amended (16 U.S.C. 1531 et seq), we, southwestern edge of the island. The escarpments (Engbring et al. 1986; the U.S. Fish and Wildlife Service, northern 71 percent of the island is Falanruw et al. 1989). remove the Tinian monarch ( leased to the U.S. Department of The monarch inhabits a variety of takatsukasae) from the Federal List of Defense (USDOD) for defense purposes. forest types on Tinian, including native Endangered and Threatened Wildlife. The remaining 29 percent of the island limestone forest dominated by figs This determination is based on thorough is divided between leased public (Ficus species [spp.]) Elaeocarpus joga, review of all available information, property (67 percent), privately owned Mammea odorata, Guamia mariannae, which indicates that this species has property (26 percent), and other public Cynometra ramiflora, Aglaia increased in number or is stable, and property (7 percent) (Deborah Fleming, mariannensis, Premna obtusifolia, that the primary listing factor, loss of CNMI Division of Public Lands, pers. Pisonia grandis, Ochrosia mariannensis, habitat, has been ameliorated. comm. 1999). Approximately 10 percent Neisosperma oppositifolia, Intsia bijuga, The Tinian monarch (monarch) is a of the island is devoted to agriculture, Melanolepis multiglandulosa, Eugenia forest endemic to the island of while another 30 to 50 percent is used spp., Pandanus spp., Artocarpus spp., Tinian in the Mariana archipelago in the for cattle grazing (Engbring et al. 1986; and Hernandia spp.; secondary western Pacific Ocean. The monarch Belt-Collins 1994). vegetation consisting primarily of the was listed as endangered on June 2, The monarch, or Chuchurican Tinian non-natives Acacia confusa, Albizia 1970 (35 FR 8491), because its in Chamorro, was described by lebbeck, Casuarina equisetifolia, Cocos population was thought to be critically Takatsukasa and Yamashina (1931). It is nucifera, and Delonix regia, with some low due to the destruction of native a small (15 centimeters [6 inches]) forest native species mixed in; and nearly pure forests by pre-World War II (WW II) bird in the family stands of introduced tangantangan agricultural practices, and by military (Monarchidae), and has light rufous (Engbring et al. 1986; USFWS 1996). activities during WWII. We conducted underparts, olive-brown upperparts, The monarch was listed as forest bird surveys on Tinian in 1982, dark brown wings and tail, white wing endangered in 1970 (35 FR 8491) under which resulted in a population estimate bars, and a white rump and undertail the authority of the Endangered Species of 39,338 monarchs. Based on the coverts (Baker 1951). The monarch Conservation Act of 1969 (16 U.S.C. results of this survey, the monarch was currently is found only on the island of 668cc). The monarch’s status remained downlisted to threatened on April 6, Tinian, but examination of museum as endangered under the Act. The 1987 (52 FR 10890). A study of monarch specimens by Peters (1996) suggested a decision to list the monarch as

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endangered was based on a report by estimated the monarch population at Petition Management Guidance (Service Gleize (1945) of 40 to 50 monarchs on 55,721 birds (Lusk et al. 2000), which 1996), subsequent petitions are treated Tinian after WW II (52 FR 10890), but was significantly higher than the separately only when they are greater in it is not clear if this report represented estimate of 39,338 birds found by scope or broaden the area of review of the number of birds seen, or an estimate Engbring et al. (1986). The 1996 survey the first petition. The Tenorio petition of the total population on the entire also found that vegetation density had provided no additional or new island. Pratt et al. (1979) suggested that increased significantly in all forest types information than what was already this estimate represented only the since 1982, which may have been provided in the NWI petition and will, number of birds Gleize observed in a related to a decrease in grazing pressure therefore, be treated as a comment on specific, small part of the island. Downs (Lusk et al. 2000). Lusk et al. (2000) the first petition received. (1946) reported that monarchs were hypothesized that the increase in the On February 22, 1999, we published restricted in distribution to distinct monarch’s population was related to in the Federal Register a notice of locations on the island, while Marshall increases in density of vegetation in petition finding and a proposed rule to (1949) considered the monarch to be both native and introduced forest remove the monarch from the Federal abundant. In the late 1970’s, Pratt et al. habitats. List of Endangered and Threatened (1979) estimated monarchs to number in Wildlife (64 FR 8533). That proposal Previous Federal Actions the tens of thousands and to prefer was based primarily on information tangantangan thickets. In May 1982, we The monarch was listed as from recent population surveys and conducted forest bird surveys of the endangered in 1970 (35 FR 8491) under demographic research, which showed Mariana islands, during which the the authority of the Endangered Species increases in monarch numbers and monarch was found to be the second Conservation Act of 1969 (16 U.S.C. habitat quality. The proposed rule most abundant bird species on Tinian, 668cc). The monarch’s status remained addressed the information provided in with a population estimated at 39,338 as endangered under the Act. The the petitions and, therefore, constituted birds and distributed throughout the primary reasons for listing the monarch the 12-month finding for both the NWI island in all forest types (Engbring et al. were presumed small population size and Tenorio petitions. 1986). Engbring et al. (1986) (52 FR 10890) and the removal or destruction of forest by agricultural Summary of Comments and recommended reassessment of the Recommendations monarch’s endangered status, which led practices and military activities before to the reclassification of the monarch and during WW II (50 FR 45632). In the proposed rule published on from endangered to threatened in 1987 However, no actual surveys of the February 22, 1999 (64 FR 8533), we (52 FR 10890). monarch’s status had been conducted at requested interested parties to submit We conducted a life history study of the time of listing. Subsequently, in comments or factual reports or the monarch in 1994 and 1995 (USFWS 1982, we conducted a survey on Tinian information relevant to delisting the 1996). This study showed that monarchs and found an apparent increase both in monarch. We contacted Federal and forage and nest in native limestone monarch numbers and extent of suitable Commonwealth government agencies, forest, secondary forest, and forest habitat since estimates made in scientific organizations, and other tangantangan forest, but found some the 1940s (Engbring et al. 1986). On interested parties and requested their evidence indicating native limestone November 1, 1985, we published in the comments. We published newspaper forest may be higher quality habitat for Federal Register a proposed rule to notices in the Marianas Variety (Saipan, monarchs than secondary and delist the monarch (50 FR 45632). CNMI) and the Pacific Daily News tangantangan forests. Monarch home Comments received on the 1985 (Guam), inviting general public ranges were four to five times smaller in proposed delisting rule were mainly comment. No public hearings were native limestone forest [1,221 square concerned with two potential threats requested and none were held. The meters (1,460 square yards)] than in that may impact the species: (1) The public comment period closed on April secondary forest [5,126 square meters accidental introduction of a psyllid 23, 1999. (5,608 square yards)] and tangantangan insect that was defoliating one of the Also, in accordance with our July 1, forests [6,385 square meters (7,636 major shrub components of monarch 1994, Interagency Cooperative Policy for square yards)], and population densities habitat; and, (2) the possibility of brown Peer Review in Endangered Species Act were higher in native limestone forest tree snakes becoming established on Activities (59 FR 34270), we solicited [30.7 birds per hectare (12.4 birds per Tinian. Therefore, based on the peer review of the proposed rule from acre)] than in secondary forest [7.7 birds information in the comments received, three appropriate and independent per hectare (3.1 birds per acre)] or we instead chose to downlist the experts on the , population, tangantangan forest [6.0 birds per monarch, and a final rule reclassifying ecology, and conservation of the hectare (2.4 birds per acre)]. Native tree the monarch from endangered to monarch. We received one response, species may have been preferred for threatened was published in the Federal and the reviewer supported the delisting nesting, and nesting success may have Register on April 6, 1987 (52 FR 10890). proposal. been higher in native limestone forest In that final rule we also determined We received two letters of comment than in secondary and tangantangan that it was not prudent to designate during the comment period, one of forests, but additional information is critical habitat for the monarch at that which was from a scientific peer required to confirm these patterns. time. There is no recovery plan reviewer. Both letters supported Based on the results of that study, the specifying delisting criteria for the delisting the monarch, but they also island wide monarch population was monarch. raised four issues regarding the estimated to be approximately 52,904 We received a petition dated February proposed delisting. These issues and birds, and a recommendation was made 3, 1997, from the National Wilderness our responses to them are presented to reassess the threatened status of the Institute (NWI) to delist the monarch below. Although CNMI government monarch (USFWS 1996). pursuant to the Act. We also received a agencies were contacted, they did not We conducted a second survey of the similar petition dated December 6, 1997, comment directly on the proposed rule. avifauna on Tinian in August and from Juan C. Tenorio & Associates, Inc. However, we know that CNMI concurs September 1996. The 1996 survey (Tenorio). As explained in our 1996 with our decision to delist the monarch

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because, in 2002, the Northern Marianas predation by the brown tree snake hotline (28-SNAKE; N. Hawley, pers. Commonwealth Legislature adopted a decimated the avifauna, causing the comm. 2003). In 1996, the CNMI became Joint House Resolution requesting that local extirpation or complete extinction a signatory of the Memorandum of the Service finalize the proposed rule to of 10 of the 13 native forest bird species Agreement (MOA) between the delist the Tinian monarch. on the island (Savidge 1987; Conry governments of Hawaii, Guam, and the Issue 1: One letter expressed concern 1988; Rodda et al. 1999a). It has few CNMI, and individual Federal that, although the decision to delist the competitors and no known predators in Government agencies concerned with monarch is biologically sound and the Marianas, and can reach population brown tree snake eradication and appropriate, the decision was based on densities of up to 80 to 120 snakes per control (USDOI et al. 1993; USDOI et al. a single report on the life history of the hectare (32 to 48 snakes per acre) 1996). This MOA commits the CNMI to monarch that has not been published in (Rodda et al. 1999b). Declines in bird a proactive brown tree snake program a peer-reviewed scientific journal. populations on Guam occurred and allows the CNMI to apply for Our Response: The delisting decision extremely rapidly once the brown tree funding from the allotment of money is based on two life history studies, both snake became established (Savidge appropriated by the U.S. Congress each of which are described in the proposed 1987, Wiles et al. 2003). year for brown tree snake control (OIA rule and are considered in our five- While there have been reports of 1999). factor analysis. Since publication of the possible brown tree snakes on Tinian, On Guam, high-risk cargo leaving by proposed rule, the results of one study the brown tree snake is not known to be air and sea currently undergoes have been published in the peer- established on Tinian, and the monarch inspection for brown tree snakes by dog reviewed scientific journal Micronesica, is not known to be affected by brown teams from USDA Wildlife Services, which is published by the University of tree snake predation. Nevertheless, we under contract from the DOD and OIA. Guam (Lusk et al. 2000). This study was recognize that effective methods for Inspections on Guam are as effective as an island wide survey of forest birds interdiction, monitoring, and control of possible using existing techniques; and evaluation of forest density on incipient populations of brown tree however, inspections are voluntary, Tinian, and produced a population snakes must be implemented on all compliance by shippers with quarantine estimate of 55,721 monarchs. The islands in the Marianas, including procedures is variable, and USDA second study, to which the comment Tinian. Moreover, implementation of Wildlife Services has no regulatory letter referred, was our unpublished brown tree snake interdiction is not authority to require inspections. report that investigated habitat use and dependent on the listing status of the All construction companies operating nesting biology of the monarch, and Tinian monarch. in the CNMI must have a snake control which provided a population estimate On Tinian, where there are no native plan, and the Governor of the CNMI as a secondary finding (USFWS 1996). snakes, there have been at least seven signed a directive for the Ports Issue 2: The surveys in 1982 and 1996 reports of snakes some of which Authority and related agencies to work were conducted during different probably were brown tree snakes with the CNMI DFW to develop seasons, and the apparent increase in (Hawley 2002; Haldre Rogers pers. effective snake interdiction strategies monarch numbers could have been comm. 2003). Brown tree snakes (OIA 1999). The CNMI also conducts caused by this difference in survey potentially could reach Tinian from training for its DFW and Quarantine methods. Guam, where the snake is established, personnel with the U.S. Geological Our Response: It is possible that or from Saipan, which is now thought Survey Biological Resources Discipline differences in the timing of surveys to have an incipient population of and USDA Wildlife Services on Guam at affected the resulting population brown tree snakes (Hawley 2002). least two to three times per year (Vogt estimates, and that the increase in Several measures have been taken on 1998). monarch numbers may not be as large Guam, Saipan, and Tinian in an attempt On Saipan, the CNMI Quarantine as it appeared. However, all evidence to decrease the possibility of brown tree Division operates a sniffer dog program indicates that since 1982 the monarch snakes spreading among the Mariana that consists of two handlers and two population has been at least stable, if Islands. The U.S. Department of the dogs that check incoming cargo for not increasing, and that the population Interior Office of Insular Affairs (OIA), brown tree snakes. The efficacy of these is relatively large. After consideration of U.S. Department of Defense (DOD), U.S. inspections needs verification, however, the possible error introduced by the Department of Agriculture Wildlife and the level of staffing is inadequate difference in survey methods, we Services (USDA), the Service, the for the volume of goods shipped via air maintain that the decision to delist the Government of Guam, the CNMI, and and sea. Outgoing cargo on Saipan monarch is biologically sound. the State of Hawaii are working together currently does not undergo any Issue 3: Accidental introduction of the regionally to control brown tree snakes, inspection for brown tree snakes. brown tree snake (Boiga irregularis) to particularly around transport centers Construction was completed recently on Tinian is a continual potential threat to (OIA 1999). The OIA and DOD have and a brown tree snake barrier and the monarch, and if an incipient continue to actively fund research into quarantine area designed to facilitate population of brown tree snakes is methods of controlling snakes on Guam, inspection of high-risk cargo at the discovered on Tinian, then the monarch in part to reduce the threat of commercial port on Saipan (N. Hawley, and all other birds on Tinian would introduction to other Pacific islands pers. comm. 2004). The 3000-square- again be in clear danger of extinction. (OIA 1999). Both the CNMI Division of meter (32,400-square-foot) area within Our Response: We fully agree that Fish and Wildlife (DFW) and Guam the barrier will be monitored for brown establishment of the brown tree snake Department of Aquatic and Wildlife tree snakes with dogs and traps. on Tinian would threaten the monarch Resources conduct brown tree snake Although the efficacy of this barrier has and other species on Tinian. The brown public awareness educational not yet been tested, it was designed and tree snake climbs exceptionally well campaigns consisting of school is expected to enhance brown tree snake and forages opportunistically on a wide presentations, news releases, interdiction. variety of vertebrates, including birds workshops, and poster/pamphlet On Tinian, a dog and handler have and their eggs, reptiles, and mammals distribution (Perry et al. 1996), and the been used to inspect incoming cargo, (Rodda et al. 1999a). On Guam, CNMI maintains a snake reporting but as on Saipan, the efficacy of these

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inspections has not been verified. In effects of nearby agricultural or golf Lusk et al. 2000). These surveys also June of 2004, the Service obligated course development. indicate that the amount of forest funds to construct a brown tree snake Our Response: Although future habitat on Tinian has increased barrier and quarantine yard at the development in areas containing the substantially since WWII (Engbring et commercial port on Tinian. We expect remaining limestone forest cannot be al. 1986; USFWS 1996; Lusk et al. the barrier will be completed in 12 to 18 completely ruled out, we consider it 2000), and that forest density increased months. This barrier will be similar to very unlikely. The remaining limestone from 1982 to 1996 (Lusk et al. 2000). the barrier on Saipan, and will facilitate forest on Tinian is intact, and was not The monarch currently inhabits inspection of high-risk cargo and is cleared before or during WWII because approximately 62 percent of the land expected to enhance brown tree snake of its inaccessibility. The expense of area on Tinian, of which approximately interdiction. developing the steep, rugged area 93 percent is secondary and In 2004, section 101 of the Sikes containing limestone forest for tangantangan vegetation and 7 percent Improvement Act of 1997 (Sikes Act, 16 agricultural or resort purposes, while is native limestone forest (Engbring et U.S.C. 670a) was amended by adding perhaps not absolutely prohibitive, al. 1986; USFWS 1996; Lusk et al. subsection (g), sometimes termed the remains a substantial discouragement to 2000). Although native limestone forest ‘‘invasives pilot project for Guam,’’ development. may provide higher quality habitat for which states that the Secretary of Summary of Factors Affecting the the monarch, secondary vegetation and Defense shall, to the maximum extent Species tangantangan thickets also provide practicable and conducive to military useful breeding and foraging habitat Section 4 of the Act and regulations readiness, incorporate in Integrated (Engbring et al. 1986; USFWS 1996; promulgated to implement the listing Natural Resource Management Plans Lusk et al. 2000). The range and habitat provisions of the Act (50 CFR part 424) (INRMP) for military installations on quality of the monarch thus have set forth the procedures for listing, Guam the management, control, and increased since WWII, and have reclassifying, or removing species from remained stable or possibly increased eradication of invasive species that are listed status. We may determine a not native to the ecosystem of the since the species was reclassified as species to be an endangered or threatened in 1987. Monitoring and military installation, and the threatened species because of one or introduction of which may cause harm evaluation of land use and development more of the five factors described in on Tinian will be part of the post- to military readiness, the environment, section 4(a)(1) of the Act; we must or human health and safety, and that the delisting monitoring program for this consider these same five factors in species. Secretary of Defense shall carry out this delisting species. We may delist a subsection in consultation with the Tinian has a total surface area of species according to § 424.11(d) if the approximately 10,172 hectares (25,135 Secretary of the Interior. Although this best available scientific and commercial acres) (Falanruw et al. 1989). In 1983, amendment does not apply to the data indicate that the species is neither the U.S. Navy entered into a 50-year INRMP for military training in the endangered nor threatened for the lease agreement with the CNMI for CNMI, commitment by the military on following reasons: (1) The species is 6,211 contiguous hectares (15,347 acres) Guam to incorporate brown tree snake extinct; (2) The species has recovered of land in northern Tinian, or 71 percent management, control, and eradication and is no longer endangered or of the island, for training and defense measures will benefit islands in the threatened; and/or (3) The original purposes, with an option to renew the CNMI. The Navy (M. Kaku., in litt., scientific data used at the time the lease for another 50 years (CNMI et al. 2004) has also reaffirmed their species was classified were in error. 1983; CNMI and USA 1994, USDOD commitment to continuing brown tree After a thorough review of all 2003). The land leased to the Navy snake interdiction in the CNMI in available information, we have encompasses roughly 75 percent of the general, and Tinian specifically; determined that none of the five factors current monarch habitat on the island, ‘‘Military cargo originating on Guam addressed in section 4(a)(1) of the Act but contains only about 30 percent of undergoes brown tree snake inspection is currently affecting the monarch, such the total remaining native limestone prior to loading and again when off- that the species is no longer endangered forest, and therefore supports about 70 loaded on Tinian. During the past (in danger of extinction throughout all percent of the total monarch population. decade of DoD and USDA WS or a significant portion of its range) or Approximately one-half of the lands cooperation in brown tree snake control threatened (likely to become endangered under Navy lease are designated as and interdiction, there has been no in the foreseeable future throughout all Exclusive Military Use Area (DOD reported brown tree snakes found in or a significant portion of its range). 1998). Activities in the Exclusive military cargo shipped from Guam to These factors, and their application to Military Use Area, which were outlined the CNMI. Our existing control and the monarch, are as follows: in the June 1998 Draft Environmental interdiction efforts are working to A. The present or threatened Impact Statement for Military Training significantly reduce the probability of destruction, modification, or in the Marianas (DOD 1998) and the Pre- the accidental introduction of the brown curtailment of its habitat or range. At final Integrated Natural Resource tree snake in military cargo from Guam the time of listing, the numbers of the Management Plan for the CNMI (DOD to CNMI.’’ monarch were thought to be critically 2003), include large-scale maneuvers Therefore, based on all of the brown low due to the destruction of native such as Tandem Thrust, which involve tree snake interdiction and control forests by pre-WWII agricultural U.S. Navy, Marines, Army, and Air efforts described above, we believe that practices and war-time military Force units; strategic airlifting and current evidence does not suggest the activities (50 FR 45632). Since the dropping of personnel using fixed-wing Tinian monarch is threatened or classification of the monarch as aircraft; night vision, close quarter endangered with extinction due to endangered in 1970, surveys and studies battle, and rapid runway repair training; predation by the brown tree snake. in 1982, 1994 and 1995, and 1996 have amphibious beach assault; and urban Issue 4: The relative inaccessibility of shown the abundance and distribution environment and hostage rescue the remaining native limestone forest on of the monarch to be stable or increasing training. Large-scale activities will occur Tinian does not protect it from the (Engbring et al. 1986; USFWS 1996; a maximum of three times per year, for

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up to three weeks each time. Training implementation of the military mission and projects in the INRMP designed to for individuals may occur daily, weekly, of the installation with stewardship of enhance and monitor forest habitat, are or monthly. Other land uses in the the natural resources found there. Each not dependent on the status of the Exclusive Military Use Area include INRMP provides an assessment of the monarch. Land uses on Navy leased construction of a small logistics-support ecological needs on the installation, land thus are not expected to change base camp and security gates, and including needs to provide for the significantly in the foreseeable future. operation of the Voice of America radio conservation of listed species, a Portions of the remaining forest in relay station. These activities may statement of goals and priorities, a privately owned areas on Tinian may be involve clearing of forest in limited detailed description of management developed in the future for agriculture, areas, but in a letter to our Pacific actions to provide for these ecological commercial purposes, and housing for a Islands Fish and Wildlife Office dated needs, and a monitoring and adaptive growing human population. A 400-room January 28, 2004, the U.S. Navy stated management plan. The INRMP for hotel-casino was recently completed on it ‘‘has no foreseeable need to adversely military training in the Marianas Tinian and two more are in the planning modify habitat on Tinian, in fact the includes several projects designed to stages; a total of five are permitted for natural forest habitat is essential to the increase the amount of forest on Tinian the island (Tenorio and Associates types of non-intrusive military training’’ and that will enhance and monitor 1998a). However, even if additional conducted on Tinian. In addition, parts habitat suitable for the Tinian monarch development occurs, it is unlikely that of the Exclusive Military Use Area, (DOD 2003, p. 106). These projects forest clearing will approach the level generally those containing native include: (1) reforestation on military that occurred before and during WWII, limestone forest, are designated as ‘‘no leased lands using native tree species; which resulted in the clearing of wildlife disturbance,’’ and land uses (2) planting native forest understory approximately 95 percent of Tinian’s within the military lease area are subject species to improve habitat for native forest, because approximately 71 to agreements protecting endangered threatened and endangered species and percent of the remaining land on Tinian species, wetlands, cultural and enhance biodiversity; (3) a vegetation is covered by Navy lease until 2033. In historical resources, and human health survey that will map, describe, and addition, data from Engbring et al. (USDOD 2003). We issued a biological verify the vegetation communities on (1986) and Lusk et al. (2000) indicates opinion on military training in the military leased lands; and (4) that the amount and density of forest on Marianas that specified reasonable and establishment of long-term natural Tinian has recently increased. prudent measures for minimizing the resource monitoring plots on military In addition, when we proposed the incidental take of listed species, leased lands. species for delisting in 1985, it was including the monarch (USFWS 1999). On September 23, 1999, the CNMI thought that the accidental introduction These measures included avoiding troop and the U.S. Navy entered into an of a psyllid insect might be a threat to movements within monarch nesting agreement to preserve 379 hectares of the monarch’s habitat. It is now known habitat during the peak nesting months, land (936 acres) south of the Exclusive that this psyllid has not had a negative and limiting troop movements through Military Use Area as a conservation area impact, and it is no longer thought to be monarch habitat at night to minimize for the protection of endangered and a threat to the monarch’s habitat. nest disturbance. threatened wildlife, particularly the Therefore, the best available evidence Navy-leased lands outside the Tinian monarch (USA and CNMI 1999). does not suggest that the Tinian Exclusive Military Use Area, known as This was in accordance with the monarch is threatened or endangered the Lease Back Area, are used primarily Environmental Assessment and with extinction due to habitat for agriculture and grazing (Belt-Collins Biological Assessment for Airport destruction. 1994, USDOD 2003). Land use within Improvements at Tinian International B. Overutilization for commercial, the Lease Back Area is restricted for Airport (Tenorio and Associates 1998b). recreational, scientific, or educational security reasons, and the permitted uses The agreement will be in effect for the purposes. The monarch is a small song are unlikely to change. Continued use of maximum time period allowable (50 bird and is not known to be threatened the Lease Back Area for agriculture and years) under section 803 of the by or sought for commercial, grazing is not likely to significantly Covenant to establish a Commonwealth recreational, scientific, or educational affect the monarch population. Some of the Northern Mariana Islands in purposes. Vandalism is not considered agricultural development may occur in Political Union with the United States a threat to the species. Therefore, this area, which may involve some of America (Pub. L. 94–241; 90 Stat. current evidence does not suggest that clearing, but is not expected to occur on 263), with the option of the U.S. the Tinian monarch is threatened or a large scale because water is limited Government to renew this lease for all endangered with extinction due to and there is no irrigation system. The or part of the property in the CNMI for overutilization for commercial, number of cattle grazing on the island an additional term of 50 years, if so recreational, scientific, or educational has declined by approximately 60 desired, at the end of the first term. purposes. percent over the last two decades, and Delisting the monarch could result in C. Disease or predation. Neither this reduced grazing pressure appears to non-adherence by the Navy to our disease nor predation is known to affect have led to an increase in forest density biological opinion’s reasonable and the monarch. The monarch likely (Lusk et al. 2000). Other uses in the prudent measures designed to minimize experiences some predation from both Lease Back Area could include impacts of training on the monarch. native and alien species, but not to an construction of small permanent However, due to the monarch’s relative extent that currently causes it to be structures, most likely in the form of abundance and its wide distribution on threatened with extinction. The houses built close to agricultural or the island, these actions are not monarch has been stable or perhaps has grazing areas. expected to have a significant effect on increased in number over the past two The Sikes Act requires each military the monarch population. Moreover, decades, indicating predators are not installation that includes land and water other measures designed to protect having a serious negative impact on the suitable for the conservation and natural resources on Navy lands, monarch population. Predators known management of natural resources to including the ‘‘no wildlife disturbance’’ to occur on Tinian that may prey on complete an INRMP, which integrates areas, the 1994 Airport Mitigation Area, monarch adults or nests include alien

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species such as the Asian house rat preserve the public health and general endangered. Surveys in 1982 and 1996 (Rattus tanezumi), Polynesian rat (R. welfare. The Soil and Water indicate the number of monarchs has at exulans), feral cat (Felis cattus), and Conservation Act (Pub. L. 4–44) of May least remained stable and possibly monitor lizard (Varanus indicus), and 1, 1985, created the Soil and Water increased substantially since it was native species such as the collared Conservation Program within the downlisted in 1987. The quantity of kingfisher (Halcyon chloris) and Department of Natural Resources to forest habitat available to the monarch Micronesian starling (Aplonis opaca). promote soil and water conservation by has increased since WWII, and the As discussed above under our response preventing erosion. Finally, the Fish, quality of forest habitat has improved to Issue 3, the brown tree snake is not Game, and Endangered Species Act since 1982. The psyllid insect that was known to be established on Tinian and (Pub. L. 2–51) of October 19, 1981, once thought to be a potential threat to we believe that the risk from this established the CNMI DFW to provide monarch habitat in 1987 is now known potential threat has been significantly for the conservation of fish, game, and not to be a threat. Neither predation nor reduced by the current interdiction endangered species of plants and disease is known to be affecting the efforts. Therefore, current evidence does . monarch. The monarch is found on only not suggest that the Tinian monarch is Because all of the CNMI regulations one small island that regularly threatened or endangered with will be in place regardless of the experiences typhoons, but it evolved extinction due to disease or predation. monarch’s Federal listing status, and has persisted on the island under D. The inadequacy of existing especially the quarantine regulations, those conditions. The monarch’s risk of regulatory mechanisms. The monarch is and they will therefore protect the extinction does not meet the definition included on the CNMI’s list of species after it is delisted, we believe of threatened or endangered. We are, threatened and endangered species, current evidence does not suggest that therefore, removing the monarch from although no local regulations have been the Tinian monarch is threatened or the Federal List of Endangered and promulgated to specifically protect endangered with extinction due to the Threatened Wildlife; thus, removing species on this list. The monarch will inadequacy of existing regulatory threatened status for the monarch. also continue to receive legal protection mechanisms. In accordance with 5 U.S.C. 553(d), under CNMI Public Law 2–51, which E. Other natural or manmade factors we have determined that this rule states that it is illegal to kill, capture, or affecting its continued existence. relieves an existing restriction and good harass wildlife including forest birds Species like the monarch that are cause exists to make the effective date (except doves, which can be hunted endemic to single small islands are of this rule immediate. Delay in with a license), waterfowl, shorebirds, inherently more vulnerable to extinction implementation of this delisting could seabirds, and marine mammals, and than widespread species because of the cost government agencies staff time and their eggs or offspring. There are few, if higher risks posed to a single population monies on conducting formal section 7 any, enforcement problems involving by random demographic fluctuations consultation on actions that may affect the monarch because it is not harvested and localized catastrophes such as a species no longer in need of protection for commercial, recreational, or other typhoons and disease outbreaks. under the Act. Relieving the existing purposes. However, the monarch evolved in an restriction associated with this listed Perhaps more important than environment where typhoons are a species will enable Federal agencies to regulations specifically protecting the natural occurrence, and its population minimize any further delays in project monarch are laws that protect the has persisted on Tinian despite periodic planning and implementation for overall integrity of the island ecosystem, habitat loss and alteration by typhoons. actions that may affect the monarch. such as quarantine laws. Quarantine When considered on their own, the regulations have been promulgated and natural processes associated with the Effects of the Rule are enforced by the CNMI government at habitat alteration caused by typhoons do This final rule revises § 17.11(h) to airports and ports of entry. The USDOD not affect the monarch to such a degree remove the Tinian monarch from the is self-regulatory and enforces its own that it is threatened or endangered with Federal List of Endangered and quarantine regulations. The INRMP for extinction in the foreseeable future. Threatened Wildlife. The prohibitions military training in the CNMI, as These natural processes can exacerbate and conservation measures provided by described above, provides for the the threat from other anthropogenic the Act, particularly sections 7 and 9, no protection and management of natural factors, such as habitat loss or longer apply to this species. Federal resources on military lands, not limited predation, which decrease the agencies will no longer be required to to listed species. distribution or abundance of a species. consult with us under section 7 of the CNMI laws that protect the Currently, the monarch is relatively Act in the event that activities they environment and provide indirect numerous and widespread in suitable authorize, fund, or carry out may affect benefit to the monarch include the habitat on much of the island. Although the monarch. There is no critical habitat Coastal Resource Management Act the monarch can be considered designated for this species. (Public Law 3–47), which was enacted vulnerable to extinction because it is The monarch is protected by the February 11, 1983. This law established found on only one small island that CNMI Government (Pub. L. 2–51; 2 CMC the Coastal Resources Management regularly experiences typhoons, the 5108). Removal of the monarch from the Office, Coastal Advisory Council, and persistence of the species on that island Federal List of Endangered and the Appeals Board to encourage land- throughout its evolutionary history Threatened Wildlife does not alter or use master planning, develop zoning indicates that typhoons and limited supersede its protection by the CNMI and building code legislation, and distribution alone do not suggest that Government. promote the wise development of the Tinian monarch is threatened or coastal resources. The CNMI endangered with extinction due to other Post-Delisting Monitoring Environmental Protection Act (Pub. L. natural or manmade factors. Section 4(g)(1) of the Act, added in 2–23) of October 8, 1982, established the In summary, analysis of the five the 1988 reauthorization, requires us to Division of Environmental Quality, in factors described in section 4(a)(1) of the implement a system, in cooperation part to maintain optimal levels of air, Act shows that the species no longer with the States, to monitor for not less land, and water quality to protect and meets the definition of threatened or than 5 years the status of all species that

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have recovered and been removed from Marianas, the U.S. Navy, and the Dated: August 20, 2004. the Lists of Endangered and Threatened Service. We do not anticipate a need to Marshall P. Jones, Jr., Wildlife and Plants (50 CFR 17.11 and request data or other information from Deputy Director, Fish and Wildlife Service. 17.12). The purpose of this post- the public to satisfy monitoring [FR Doc. 04–20700 Filed 9–20–04; 8:45 am] delisting monitoring (PDM) is to verify information needs. If it becomes BILLING CODE 4310–55–P that a species delisted, due to recovery, necessary to collect information from 10 remains secure from risk of extinction or more individuals, groups, or after it no longer has the protections of organizations per year, we will first DEPARTMENT OF COMMERCE the Act. We are to make prompt use of obtain information collection approval the emergency listing authorities under from OMB. National Oceanic and Atmospheric section 4(b)(7) of the Act to prevent a Administration significant risk to the well-being of any National Environmental Policy Act recovered species. Section 4(g) of the 50 CFR Part 648 Act explicitly requires cooperation with We have determined that preparation of an Environmental Assessment or [Docket No. 031104274–4011–02; I.D. the States in development and 091404I] implementation of PDM programs, but Environmental Impact Statement, as we remain responsible for compliance defined under the authority of the Fisheries of the Northeastern United with section 4(g) and, therefore, must National Environmental Policy Act of States; Atlantic Mackerel, Squid, and remain actively engaged in all phases of 1969, is not necessary when issuing Butterfish Fisheries; Closure of the PDM. We also will seek active regulations adopted pursuant to section Directed Fishery for Illex Squid participation of other entities that are 4(a) of the Act. We published a notice expected to assume responsibilities for outlining our reasons for this AGENCY: National Marine Fisheries the species’ conservation, post-delisting. determination in the Federal Register Service (NMFS), National Oceanic and We intend to monitor the status of the on October 25, 1983 (48 FR 49244). Atmospheric Administration (NOAA), monarch, in cooperation with the CNMI, Commerce. References Cited through periodic surveys of the ACTION: Closure. distribution and abundance of the A complete list of all references cited monarch, monitoring of development SUMMARY: NMFS announces that the herein is available upon request from and land clearing on Tinian, assessment directed fishery for Illex squid in the of impacts of military training on the the Pacific Islands Fish and Wildlife Exclusive Economic Zone (EEZ) will be USDOD-leased lands, and monitoring of Office (see ADDRESSES section). closed effective 0001 hours, September the potential introduction of brown tree Author 21, 2004. Vessels issued a Federal snakes to the island. We are developing permit to harvest Illex squid may not a PDM plan for the monarch, and once The primary authors of this final rule retain or land more than 10,000 lb (4.54 completed, we will publish in the are Eric A. VanderWerf, Pacific Islands mt) of Illex squid per trip for the Federal Register a notice of availability Fish and Wildlife Office, U.S. Fish and remainder of the year (through of the proposed PDM plan soliciting Wildlife Service (see ADDRESSES December 31, 2004). This action is public comments and review. section), and Michael Lusk, formerly necessary to prevent the fishery from Paperwork Reduction Act with the Service’s Pacific Islands Fish exceeding its yearly quota and allow for and Wildlife Office. effective management of this stock. Office of Management and Budget DATES: List of Subjects in 50 CFR Part 17 Effective 0001 hours, September (OMB) regulations at 5 CFR 1320, which 21, 2004, through 2400 hours, December implement provisions of the Paperwork 31, 2004. Reduction Act (44 U.S.C. 3501 et seq.), Endangered and threatened species, require that interested members of the Exports, Imports, Reporting and FOR FURTHER INFORMATION CONTACT: Don public and affected agencies have an recordkeeping requirements, Frei, Fishery Management Specialist, opportunity to comment on agency Transportation. 978–281–9221, fax 978–281–9135, e- mail [email protected]. information collection and Regulation Promulgation recordkeeping activities (5 CFR SUPPLEMENTARY INFORMATION: 1320.8(d)). The OMB regulations at 5 I For the reasons set out in the preamble, Regulations governing the Illex squid CFR 1320.3(c) define a collection of we hereby amend part 17, subchapter B fishery are found at 50 CFR part 648. information as the obtaining of of chapter I, title 50 of the Code of The regulations require specifications information by or for an agency by Federal Regulations, as set forth below: for maximum sustainable yield, initial means of identical questions posed to, optimum yield, allowable biological or identical reporting, recordkeeping, or PART 17—[AMENDED] catch, domestic annual harvest (DAH), disclosure requirements imposed on, 10 domestic annual processing, joint or more persons. Furthermore, 5 CFR I 1. The authority citation for part 17 venture processing and total allowable 1320.3(c)(4) specifies that ‘‘ten or more continues to read as follows: levels of foreign fishing for the species persons’’ refers to the persons to whom managed under the Atlantic Mackerel, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. a collection of information is addressed Squid, and Butterfish Fishery 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– by the agency within any 12-month Management Plan. The procedures for 625, 100 Stat. 3500, unless otherwise noted. period. setting the annual initial specifications This rule does not include any § 17.11 [Amended] are described in § 648.21. collections of information that require The 2004 specification of DAH for approval by OMB under the Paperwork I 2. Section 17.11(h) is amended by Illex squid was set at 24,000 mt (69 FR Reduction Act. The information needed removing the entry for ‘‘Monarch, Tinian 4861, February 2, 2004). Section 648.22 to monitor the status of the Tinian (old world flycatcher)’’ under ‘‘BIRDS’’ requires NMFS to close the directed monarch will be collected primarily by from the List of Endangered and Illex squid fishery in the EEZ when 95 the Commonwealth of the Northern Threatened Wildlife. percent of the total annual DAH is

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