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Vol. 78 Tuesday, No. 102 May 28, 2013 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for 38 Species on Molokai, Lanai, and Maui; Final Rule VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 32014 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Kahoolawe) in the State of Hawaii. In • Five plant species face threats from addition, the rule reaffirms the listing of hybridization and lack of or low levels Fish and Wildlife Service two endemic Hawaiian plants currently of regeneration. listed as endangered. Collectively, in • These threats are exacerbated by 50 CFR Part 17 this document we refer to these 40 these species’ inherent vulnerability to [Docket No. FWS–R1–ES–2011–0098; species as the ‘‘Maui Nui species.’’ extinction from stochastic events at any 4500030113] The basis for our action. Under the time because of their endemism, small Endangered Species Act, we determine numbers of individuals and RIN 1018–AX14 that a species is endangered or populations, and restricted habitats. threatened based on any of five factors: We fully considered comments from Endangered and Threatened Wildlife the public, including comments and Plants; Determination of (A) The present or threatened destruction, modification, or received during a public hearing and Endangered Status for 38 Species on comments received from peer reviewers, Molokai, Lanai, and Maui curtailment of its habitat or range; (B) overutilization for commercial, on the proposed rule. AGENCY: Fish and Wildlife Service, recreational, scientific, or educational Peer reviewers support our methods. Interior. purposes; (C) disease or predation; (D) We obtained opinions from four knowledgeable individuals with ACTION: Final rule. the inadequacy of existing regulatory mechanisms; or (E) other natural or scientific expertise to review our SUMMARY: We, the U.S. Fish and manmade factors affecting its continued technical assumptions, analysis, and Wildlife Service (Service), determine existence. We have determined that the whether or not we had used the best endangered status under the 40 Maui Nui species are currently in available information. These peer Endangered Species Act of 1973 (Act), danger of extinction throughout all their reviewers generally concurred with our as amended, for 38 species on the ranges, as the result of the following methods and conclusions, and provided Hawaiian Islands of Molokai, Lanai, and current and ongoing threats: additional information, clarifications, Maui, and reaffirm the listing of 2 • and suggestions to improve this final All of these species face threats rule. endemic Hawaiian plants currently from the present destruction and listed as endangered. In this final rule, This document consists of a final rule modification of their habitat, primarily to list 35 plant species and 3 tree snail we are also delisting the plant Gahnia from introduced ungulates (such as feral lanaiensis, due to new information that species as endangered and reaffirms the pigs, goats, cattle, mouflon sheep, and listing as endangered for 2 plants (40 this species is synonymous with G. axis deer) and the spread of nonnative lacera, a widespread species from New species total). We additionally delist the plants. plant Gahnia lanaiensis due to Zealand. The effect of this regulation is • to conserve these 40 species under the Thirteen plant species face threats taxonomic error. Endangered Species Act. from habitat destruction and modification from fire. Previous Federal Actions DATES: This rule becomes effective on • All 37 plant species face threats Federal actions for these species prior June 27, 2013. from destruction and modification of to June 11, 2012, are outlined in our ADDRESSES: This final rule is available their habitats from hurricanes, proposed rule (77 FR 34464), which was on the Internet at http:// landslides, rockfalls, and flooding. In published on that date. Publication of www.regulations.gov. Comments and addition, hurricanes are a threat to all the proposed rule opened a 60-day materials received, as well as supporting three tree snail species. comment period, which was extended documentation used in preparing this • Nine of these species face threats on August 9, 2012 (77 FR 47587), for an final rule are available for public from habitat destruction and additional 30 days and closed on inspection, by appointment, during modification from drought. September 10, 2012. We published a normal business hours, at U.S. Fish and • public notice of the proposed rule on Wildlife Service, Pacific Islands Fish The projected effects of climate change will likely exacerbate the effects June 20, 2012, in the local Honolulu and Wildlife Office, 300 Ala Moana Star Advertiser, Maui Times, and Boulevard, Box 50088, Honolulu, HI of the other threats to these species. • Molokai Dispatch newspapers. On 96850; telephone 808–792–9400; There is a serious threat of widespread impacts of predation and January 31, 2013 (78 FR 6785), we facsimile 808–792–9581. reopened the comment period for an FOR FURTHER INFORMATION CONTACT: herbivory on all 37 plant species by nonnative ungulates, rats, and additional 30 days on the entire June 11, Loyal Mehrhoff, Field Supervisor, U.S. 2012, proposed rule (77 FR 34464), as Fish and Wildlife Service, Pacific invertebrates; and predation on the three tree snails by nonnative rats and well as the draft economic analysis on Islands Fish and Wildlife Office, 300 the proposed critical habitat Ala Moana Boulevard, Box 50088, invertebrates. • designation, and announced a public Honolulu, HI 96850; by telephone at Some of the plant species face the information meeting and hearing that 808–792–9400; or by facsimile at 808– additional threat of trampling. we held in Kihei, Maui, on February 21, • 792–9581. If you use a The inadequacy of existing 2013. This second comment period telecommunications device for the deaf regulatory mechanisms (specifically closed on March 4, 2013. In total, we (TDD), call the Federal Information inadequate protection of habitat and accepted public comments on the June Relay Service (FIRS) at 800–877–8339. inadequate protection from the 11, 2012, proposed rule for 120 days. SUPPLEMENTARY INFORMATION: introduction of nonnative species) poses a current and ongoing threat to all 40 Background Executive Summary species. On June 11, 2012, we published in the Why we need to publish a rule. This • There are current and ongoing Federal Register (77 FR 34464) a is a final rule to list 38 species (35 threats to 20 plant species and the 3 tree proposed rule to list 38 species on the plants and 3 tree snails) as endangered snail species due to factors associated Hawaiian Islands of Molokai, Lanai, and under the Act from the island cluster of with small numbers of populations and Maui as endangered under the Maui Nui (Molokai, Lanai, Maui, and individuals. Endangered Species Act of 1973, as VerDate Mar<15>2010 17:59 May 24, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\28MYR2.SGM 28MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations 32015 amended (Act; 16 U.S.C. 1531 et seq.). habitat for 85 plant species already spelling corrections proposed in our We also proposed to reaffirm the listing listed as endangered or threatened. June 1, 2012, proposed rule (77 FR of two endemic Hawaiian plants listed The final critical habitat 34464). as endangered. We further proposed to determination for the Maui Nui species Maui Nui Species Addressed in this designate critical habitat for 39 of these is still under development and Final Rule 40 plant and animal species, to undergoing Service review. It will publish in the Federal Register in the designate critical habitat for 11 The table below (Table 1) provides the previously listed plant and animal near future under Docket No. FWS–R1– ES–2013–0003. That document will also common name, scientific name, and species that do not have designated provide our final determinations listing status for the species that are the critical habitat, and to revise critical regarding the name changes and subject of this final rule. TABLE 1—THE MAUI NUI SPECIES ADDRESSED IN THIS FINAL RULE [Note that many of the species share the same common name] Scientific name Common name(s) Listing Status Species Listed as Endangered Plants: Bidens campylotheca ssp. pentamera ....................................................................................... kookoolau ........................... Endangered. Bidens campylotheca ssp. waihoiensis ...................................................................................... kookoolau ........................... Endangered. Bidens conjuncta ........................................................................................................................ kookoolau ........................... Endangered. Calamagrostis hillebrandii .......................................................................................................... [NCN] 1 ............................... Endangered. Canavalia pubescens ................................................................................................................. awikiwiki ............................. Endangered. Cyanea asplenifolia ...................................................................................................................
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