8116 Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / Rules and Regulations

other country, and to accord to ■ b. In paragraph (b) by removing Boulevard, Room 3–122, Honolulu, HI industries in the other country ‘‘Sweden’’ from the list of countries. 96850. treatment no less favorable in relation to [FR Doc. 04–3698 Filed 2–20–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Fred procurement than is accorded to BILLING CODE 5001–08–P Amidon, Fish and Wildlife Biologist, industries of its own country. Therefore, Pacific Islands Fish and Wildlife Office, DoD has determined that it is at the above address (telephone: 808/ inconsistent with the public interest to 792–9400; facsimile: 808/792–9580). apply the restrictions of the Buy DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: American Act to the acquisition of Fish and Wildlife Service defense equipment produced or Background manufactured in Sweden. This final rule 50 CFR Part 17 The Mariana was endemic to amends DFARS 225.872–1 to add the Mariana Archipelago and Sweden to the list of countries for RIN 1018–AH50 documented to occur on the islands of which DoD has made such public , , and . There was interest determinations, and to remove Endangered and Threatened Wildlife some speculation that Mariana Sweden from the list of countries for and Plants; Removing the Mariana were once found on the islands of which exemption from the Buy Mallard and the Guam Broadbill From and Pagan (Baker 1948; Steadman 1992; American Act is permitted only on a the Federal List of Endangered and Reichel and Lemke 1994). purchase-by-purchase basis. Threatened Wildlife The Mariana mallard is believed to This rule was not subject to Office of have been a that originated AGENCY: Management and Budget review under Fish and Wildlife Service, as a hybrid between the common Executive Order 12866, dated Interior. mallard ( platyrhynchos) and the September 30, 1993. ACTION: Final rule. grey (Anas superciliosa) (Reichel and Lemke 1994). The majority of males B. Regulatory Flexibility Act SUMMARY: Under the authority of the and all female Mariana mallards Endangered Act of 1973 (Act), resembled the grey duck except their This rule will not have a significant as amended, we, the U.S. Fish and legs were orange, their bill was olive, effect beyond the internal operating Wildlife Service (Service), remove the and they lacked the grey duck’s procedures of DoD or a significant cost Mariana mallard (Anas platyrhynchos prominent brown streak below the eye or administrative impact on contractors oustaleti) and Guam broadbill (Myiagra (Yamashina 1948). The remaining males or offerors. Therefore, publication for freycineti) from the Federal List of resembled male common mallards, public comment is not required. Endangered and Threatened Wildlife. having green heads and purple-blue However, DoD will consider comments All available information indicates that speculums (Yamashina 1948). from small entities concerning the these species are extinct. The Mariana affected DFARS subpart in accordance Mariana mallards were recorded in mallard was endemic to the Mariana freshwater marshes, lakes, and rivers, with 5 U.S.C. 610. Such comments Archipelago and documented to have should cite DFARS Case 2003–D089. and were also observed in mangrove occurred on the islands of Guam, lagoons (Stott 1947; Marshall 1949; C. Paperwork Reduction Act Tinian, and Saipan. We listed the Kibler 1950). Little was known about Mariana mallard as endangered on June their foraging but they were The Paperwork Reduction Act does 2, 1977 (42 FR 28136), because its observed foraging on green vegetation not apply because the rule does not population was critically low due to and seeds (Marshall 1949). Mariana impose any information collection excessive hunting and loss of wetland mallards apparently bred from March to requirements that require the approval habitat. No confirmed sightings of the August (Kuroda 1941, cited in Reichel of the Office of Management and Budget Mariana mallard have been made since and Lemke 1994; Kuroda 1942, cited in under 44 U.S.C. 3501, et seq. 1979. The Guam broadbill was endemic Reichel and Lemke 1994; Marshall to the island of Guam. We listed the List of Subjects in 48 CFR Part 225 1949), and were believed to have laid 1 Guam broadbill as endangered on clutch of 7 to 12 eggs per year (Kuroda Government procurement. August 27, 1984 (49 FR 33881), because 1942, cited in Reichel and Lemke 1994). of its critically low population. No Michele P. Peterson, No population estimate was ever confirmed sightings of the Guam recorded for the Mariana mallard prior Executive Editor, Defense Acquisition broadbill have been made since 1984. Regulations Council. to its decline. However, it was believed This final rule removes the Federal that they were never abundant due to ■ Therefore, 48 CFR Part 225 is amended protection provided by the Act for the the limited habitat availability of as follows: Guam broadbill and Mariana mallard freshwater marshes and lakes in the but does not alter or supersede their Mariana Archipelago (Baker 1951). The ■ 1. The authority citation for 48 CFR designation by the government of Guam Part 225 continues to read as follows: largest number of Mariana mallards ever as endangered species. The Mariana recorded was of 2 flocks of 50 to 60 Authority: 41 U.S.C. 421 and 48 CFR mallard is not a species protected by the Mariana mallards at Lake Hagoi, Tinian, Chapter 1. Commonwealth of the Northern Mariana in 1936 (Kuroda 1942, cited in Reichel Islands Government (CNMI). PART 225—FOREIGN ACQUISITION and Lemke 1994). However, by the DATES: This rule is effective February 1940s, most observations of Mariana 225.872–1 [Amended] 23, 2004. mallards on Tinian, Saipan, and Guam ADDRESSES: The administrative record were of 12 or fewer (Stott 1947; ■ 2. Section 225.872–1 is amended as file for this rule is available for Marshall 1949; Kibler 1950). The last follows: inspection, by appointment, during Mariana mallards observed on Guam ■ a. In paragraph (a) by adding, in normal business hours at the U.S. Fish and Tinian were observed in 1967 and alphabetical order, ‘‘Sweden’’ to the list and Wildlife Service, Pacific Islands 1974, respectively (Drahos 1977; of countries; and Fish and Wildlife Office, 300 Ala Moana Tenorio and Associates 1979). On

VerDate jul<14>2003 14:29 Feb 20, 2004 Jkt 203001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1 Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / Rules and Regulations 8117

Saipan, the last wild Mariana mallards congeners (same ) in Palau (M. Previous Federal Action were observed in 1979 by our biologist erythrops), Chuuk (M. oceanica), and Federal action on the Mariana mallard Eugene Kridler (1979). At that time, Mr. Pohnpei (M. pluto). The Guam broadbill began on May 22, 1975, when the Fund Kridler also captured a pair of Mariana weighed approximately 0.4 ounces (12 for , Inc., petitioned us to list mallards for captive propagation at grams) and had a bluish head, neck, 216 taxa of plants and animals as Pohakuloa, HI, which were then sent to back, wings, and tail, and a white throat endangered species pursuant to the Act Sea World, San Diego, CA. All attempts and light cinnamon breast (Baker 1951). (16 U.S.C. 1531 et seq.). These species at propagation failed and the last known Similar to other monarch flycatchers, appeared in Appendix I of the Mariana mallard died there in 1981 the Guam broadbill was insectivorous Convention on International Trade in (Engbring and Pratt 1985). Since 1979, and fed both by gleaning prey from Endangered Species of Wild Fauna and surveys of all the known wetlands on twigs and foliage and by taking insects Flora (CITES), but did not appear on the Guam, Rota, Saipan, and Tinian have from the air (Jenkins 1983). This species U.S. List of Endangered and Threatened produced no observations of Mariana nested year-round, and nests usually Wildlife and Plants. We published in mallards (Tenorio and Associates 1979; were placed in a fork of branches in the Federal Register a proposed rule to Stinson et al. 1991, 1997; Reichel et al. understory trees or shrubs (Jenkins list 216 species as endangered, 1992; Reichel and Lemke 1994; Service 1983). Both sexes incubated eggs and including the Mariana mallard, on unpublished report, 2003). brooded young (Jenkins 1983). The Mariana mallard’s range Guam broadbills were once found in September 26, 1975 (40 FR 44329). In a reduction and eventual have all forested on Guam as well as final rule, published on June 14, 1976 been attributed to habitat loss and in mangrove swamps (Stophlet 1946; (41 FR 24062), we determined 159 of the hunting, especially during and Kibler 1950; Baker 1951; Jenkins 1983). 216 taxa were endangered species. immediately after World War II (WWII) However, by 1979 the Guam broadbill However, the Mariana mallard was not (Baker 1948; Reichel and Lemke 1994). was restricted primarily to mature included in this rule because the Evolving without predators, the mallard limestone forests of the relatively Governors of Guam and the was not wary of humans, and so was undisturbed northern cliff-line of Guam Commonwealth of the Northern Mariana easily caught (Kuroda 1942, cited in (Jenkins 1983). A 1981 survey estimated Islands inadvertently were not notified Reichel and Lemke 1994; Stott 1947). a total population of 460 Guam of the proposal as required by the Act. Kuroda (1942, cited in Reichel and broadbills in Guam, with birds These Governors were later notified and Lemke 1994) reported that there was a occurring at low densities, and allowed 90 days for comment. A final hunting season on Saipan from July encountered regularly only in extreme rule listing the Mariana mallard as through December, but no hunting was northwestern Guam (Engbring and endangered was published on June 2, allowed on Tinian. However, it is Ramsey 1984). In 1983, the population 1977 (42 FR 28136), without critical unknown if these regulations were was primarily restricted to the Pajon habitat. On January 25, 2002 (67 FR enforced. After WWII, islanders were Basin, a small area on the north coast, 3675), we published a proposed rule in allowed to own firearms and hunting of and was estimated at less than 100 the Federal Register to delist the the birds persisted (Drahos 1977). individuals (Aguon 1983). That same Mariana mallard due to extinction. Draining and fragmentation of year, a male Guam broadbill was Federal action on the Guam broadbill wetlands greatly reduced the quantity collected for captive propagation (Beck began on February 27, 1979, when the and quality of habitat available for the 1983). This captive breeding attempt Acting Governor of Guam petitioned us Mariana mallard on Guam, Tinian, and failed because no other individuals to list the Guam broadbill and five other Saipan (Stinson et al. 1991; Reichel et could be located and the captive male forest species as endangered. We al. 1992; Reichel and Lemke 1994). died of unknown causes in February issued a notice of review for 12 During the Japanese occupation of 1984 (Beck 1984). The last sightings of petitioned animals, including the Guam Saipan and Tinian between 1914 and this species took place in 1984, one in broadbill, on May 18, 1979 (44 FR 1945, most wetlands were channelized March in the Northwest Field on 29128). In our December 30, 1982 (47 and converted to rice paddies. Also Andersen Air Force Base, and one in FR 58454), Review of during this time, sugar mill wastes were August adjacent to the Navy golf course Wildlife, the Guam broadbill was discharged into Lake Susupe on Saipan, in Barrigada (52 FR 2239). Since 1984, considered a category 1 candidate for the last known location of the Mariana annual spring bird surveys and other Federal listing. Category 1 species were mallard in the wild. Since 1945, many ornithological activities in areas where those for which we had substantial wetlands have been drained or filled in this species would likely occur have information on biological vulnerability as a result of urban development on yielded no observations (Wiles et al. and threats to support preparation of a Guam, Tinian, and Saipan (Stinson et al. 1995; Service unpublished report 2003). listing proposal, but for which a listing 1991; Reichel et al. 1992; Reichel and Reduction in the range of the Guam proposal had not yet been published Lemke 1994). The Mariana mallard, broadbill and its eventual extinction because it was precluded by other never great in number, is believed to have been variously attributed to listing activities. We published a have lost most of its limited habitat with pesticide use during and after WWII, the proposed rule to list the Guam broadbill the decimation of wetlands, while being spread of avian diseases, and predation as endangered on November 29, 1983 hunted with little to no enforcement of by introduced animals, including rats (48 FR 53729). The final rule hunting restrictions. (Rattus spp.), monitor lizards (Varanus determining the Guam broadbill to be an The Guam broadbill (Myiagra indicus), and brown tree snakes (Boiga endangered species was published on freycineti) was a member of the irregularis). However, studies have August 27, 1984 (49 FR 33881), and a monarch flycatcher family determined that predation by the brown recovery plan for the Guam broadbill (Monarchidae). Most of the eight or nine tree snake was likely the single most and four other listed bird species on genera in this subfamily are widespread important factor in the decline of the Guam and Rota was published in 1990 in the tropical Pacific islands, and many Guam broadbill and other native forest (Service 1990). species are endemic to a single island or birds of Guam (Savidge 1986, 1987; A proposed rule to designate critical archipelago (Pratt et al. 1987). The Conry 1988; Wiles et al. 1995; Rodda et habitat for the Guam broadbill and five Guam broadbill was closely related to al. 1997). other endangered species on Guam was

VerDate jul<14>2003 14:29 Feb 20, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1 8118 Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / Rules and Regulations

published in the Federal Register on appropriate State and Federal agencies, declare the Mariana mallard and Guam June 14, 1991 (56 FR 27485). This county governments, landowners, and broadbill extinct and to remove them proposed rule was withdrawn on April other interested parties and invited from the List of Endangered and 4, 1994 (59 FR 15696) because most of them to comment. The comment period Threatened Wildlife. the lands proposed as critical habitat closed on March 26, 2002 (67 FR 3675). In accordance with 5 U.S.C. 553(d), had by this time been incorporated into Only one comment was received we have determined that this rule the Guam National Wildlife Refuge during the comment period. The relieves an existing restriction and good overlay lands. We determined that Commonwealth of the Northern Mariana cause exists to make the effective date critical habitat designation was not Islands Division of Fish and Wildlife of this rule immediate. Delay in prudent because it would not provide stated that they concurred with our implementation of this delisting could the Guam broadbill with any benefit conclusion that the Mariana mallard is cost government agencies staff time and beyond that already provided by the extinct and should be removed from the monies in conducting formal section 7 refuge overlay lands. On April 3, 2000, List of Endangered and Threatened consultation on actions that may affect the Marianas Audubon Society and the Wildlife. a species no longer in need of protection Center for Biological Diversity filed a We also requested and received peer under the Act. Relieving the existing suit to challenge our withdrawal of review from three experts on the restrictions associated with this listed critical habitat for these species. On waterbirds and forest birds of the species will enable Federal agencies to September 7, 2000, we filed a motion to . All three peer minimize any delays in any ongoing or voluntarily remand the nonprudency reviewers concurred with our future project planning and decision based on subsequent court conclusion that the Mariana mallard implementation actions that may have decisions on critical habitat. This and the Guam broadbill are extinct and affected the Mariana mallard and Guam motion set a deadline of June 1, 2003, should be removed from the List of broadbill. for us to redetermine prudency and Endangered and Threatened Wildlife. Effects of This Rule designate final critical habitat, if Summary of Factors Affecting the prudent, for the Guam broadbill and five Species This final rule revises § 17.11(h) to other listed species. We published a remove the Mariana mallard and the proposed rule in the Federal Register to Section 4 of the Act and regulations Guam broadbill from the List of delist the Guam broadbill due to promulgated to implement the listing Endangered and Threatened Wildlife extinction on January 25, 2002 (67 FR provisions of the Act (50 CFR part 424) due to extinction. The prohibitions and 3675). On April 16, 2002, the Guam set forth the procedures for listing, conservation measures provided by the District Court issued a ruling that reclassifying, or removing species from Act, particularly sections 7 and 9, will ordered us to comply with terms of the listed status. We may determine a no longer apply to these species. There critical habitat settlement agreement by species to be an endangered or is no designated critical habitat for these June 1, 2003. threatened species because of one or species. On October 15, 2002, we published a more of the five factors described in The Mariana mallard and the Guam proposed rule to designate critical section 4(a)(1) of the Act; we must broadbill are protected by the habitat for the Mariana fruit bat consider these same five factors in government of Guam (Pub. L. 15–36). (Pteropus mariannus mariannus), the delisting species. We may delist a Removal of these species from the List Mariana crow (Corvus kubaryi), and the species according to section 424.11(d) if of Endangered and Threatened Wildlife Guam Micronesian kingfisher (Halcyon the best available scientific and does not alter or supersede their cinnamomina cinnamomina) (67 FR commercial data indicate that the designation by the government of Guam 63738). In this proposed rule, we also species is neither endangered nor as endangered species. found that designation of critical habitat threatened for the following reasons: (1) for the Guam broadbill would not be The species is extinct; (2) The species Paperwork Reduction Act prudent because the species was extinct. has recovered and is no longer This rule does not contain any new On May 30, 2003, the Government of endangered or threatened; and/or (3) collections of information that require Guam filed a motion to extend the The original scientific data used at the approval by Office of Management and deadline for publication of the final rule time the species was classified were in Budget (OMB) under the Paperwork to allow time to develop an alternative error. Reduction Act (44 U.S.C. 3501 et seq.). to critical habitat designation on Guam. After a thorough review and This rule will not impose record The Government of Guam stated that consideration of all information keeping or reporting requirements on they did not have adequate time to available, we have determined that the State or local governments, individuals, develop these alternatives due to a Mariana mallard and Guam broadbill businesses, or organizations. An agency recent change in administration and are extinct and should be removed from may not conduct or sponsor, and a hardships encountered as a result of the the List of Endangered and Threatened person is not required to respond to, a Typhoon Chataan and the Wildlife. We determined that none of collection of information unless it Supertyphoon Pongsona. On June 13, the five factors addressed in section displays a currently valid OMB control 2003, the Guam District Court extended 4(a)(1) of the Act now affects these number. Information collections the deadline for publication of a final species. associated with threatened and rule indefinitely. No confirmed sightings or endangered species permits are covered vocalizations of the Mariana mallard by an existing OMB approval and are Summary of Comments and have been reported since 1979, despite assigned control number 1018–0093, Recommendations surveys, and the last captive bird died which expires March 31, 2004. In the proposed rule to delist the in 1981. No confirmed sightings or Mariana mallard and Guam broadbill vocalizations of the Guam broadbill National Environmental Policy Act published on January 25, 2002 (67 FR have been reported since August 1984, We have determined that 3675), we requested that all interested despite surveys, and the last captive Environmental Assessments and parties submit comments on the bird died in February 1984. Therefore, Environmental Impact Statements, as proposal. We also contacted all we believe enough evidence exists to defined under the authority of the

VerDate jul<14>2003 14:29 Feb 20, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1 Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / Rules and Regulations 8119

National Environmental Policy Act of Author PART 17—[AMENDED] 1969, need not be prepared in The primary author of this final rule ■ connection with regulations adopted 1. The authority citation for part 17 is Fred Amidon, Ecological Services, continues to read as follows: pursuant to section 4(a) of the Pacific Islands Fish and Wildlife Office, Endangered Species Act of 1973, as Authority: 16 U.S.C. 1361–1407; 16 U.S.C. U.S. Fish and Wildlife Service (see 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– amended. We published a notice ADDRESSES section). outlining our reasons for this 625, 100 Stat. 3500; unless otherwise noted. determination in the Federal Register List of Subjects in 50 CFR Part 17 ■ 2. Amend § 17.11(h) by removing the entries for ‘‘Mallard, Mariana’’ and on October 25, 1983 (48 FR 49244). Endangered and threatened species, ‘‘Broadbill, Guam’’ under ‘‘BIRDS’’ from Exports, Imports, Reporting and record References Cited the List of Endangered and Threatened keeping requirements, Transportation. Wildlife. A complete list of all references cited Regulation Promulgation herein is available upon request from Dated: February 10, 2004. the Pacific Islands Fish and Wildlife ■ Accordingly, we amend part 17, Steve Williams, Office (see ADDRESSES section). subchapter B of chapter I, title 50 of the Director, U.S. Fish and Wildlife Service. Code of Federal Regulations as set forth [FR Doc. 04–3784 Filed 2–20–04; 8:45 am] below: BILLING CODE 4310–55–P

VerDate jul<14>2003 14:29 Feb 20, 2004 Jkt 203001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1