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1 DEPARTMENT of the INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket Number FWS-R1–ES-2012–0070] [4500030113]

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1 DEPARTMENT of the INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket Number FWS-R1–ES-2012–0070] [4500030113] This document is scheduled to be published in the Federal Register on 10/17/2012 and available online at http://federalregister.gov/a/2012-24550, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket Number FWS-R1–ES-2012–0070] [4500030113] RIN 1018–AY09 Endangered and Threatened Wildlife and Plants; Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to list 15 species on the Hawaiian island of Hawaii as endangered species under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat for 1 of these species. For the remaining 14 species that we are proposing to list in this rule, we find 1 2 that critical habitat is not determinable at this time. We also propose to designate critical habitat for two plant species that were listed as endangered species in 1986 and 1994. The proposed critical habitat designation totals 18,766 acres (ac) (7,597 hectares (ha)), and includes both occupied and unoccupied habitat. Approximately 55 percent of the area being proposed as critical habitat is already designated as critical habitat for 42 plants and the Blackburn’s sphinx moth (Manduca blackburni). In addition, we propose a taxonomic change for one endangered plant species. DATES: We will accept comments received on or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Please note that if you are using the Federal eRulemaking Portal (See ADDRESSES section below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Time on this date. We must receive requests for public hearings, in writing, at the address shown in the FOR FURTHER INFORMATION CONTACT section by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: You may submit comments by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS−R1- ES-2012-0070, which is the docket number for this proposed rule. You may submit a comment by clicking on “Comment Now!” 3 • U.S. mail or hand delivery: Public Comments Processing, Attn: FWS–R1–ES– 2012-0070; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). The coordinates or plot points or both from which the maps were generated are included in the administrative record for the proposed critical habitat designation and are available at http://www.fws.gov/pacificislands, http://www.regulations.gov at Docket No. FWS-R1–ES-2011–0070, and at the Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Any additional tools or supporting information that we may develop for this critical habitat designaiton will also be available at the above locations. FOR FURTHER INFORMATION CONTACT: Loyal Mehrhoff, Field Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Box 50088, Honolulu, HI 96850; by telephone at 808–792–9400; or by facsimile at 808–792–9581. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary 4 Why we need to publish a rule. Under the Act, we are required to list a species if we determine that it meets the definition of an endangered species or a threatened species as defined in the Act. If this determination is made, we publish a proposed rule in the Federal Register, seek public comment on our proposal, and issue a final rule. This action consists of a proposed rule to list 15 species (13 plants, 1 insect (picture-wing fly), and 1 crustacean (anchialine pool shrimp)) from the Island of Hawaii in the State of Hawaii, as endangered. Further, under the Act, we are to designate critical habitat to the maximum extent prudent and determinable concurrently with a listing determination. We are proposing to designate critical habitat concurrently with listing for the plant Bidens micrantha ssp. ctenophylla, due to the imminent threat of urban development to 98 percent of the individuals known for this species and its habitat within the lowland dry ecosystem. In addition, we are proposing to designate critical habitat for two previously listed plant species. Isodendrion pyrifolium, listed as an endangered species on March 4, 1994 (59 FR 10305), and Mezoneuron kavaiense, listed as an endangered species on July 8, 1986 (51 FR 24672). These species co-occur with Bidens micrantha ssp. ctenophylla in the same lowland dry ecosystem, but do not have designated critical habitat on Hawaii Island. We are also correcting critical habitat unit maps for Cyanea shipmanii, Phyllostegia racemosa, Phyllostegia velutina, and Plantago hawaiensis to accurately reflect the designated critical habitat units for those plant species. These map corrections do not change the designated critical habitat for these plants. For the remaining 14 species that we are proposing to list in this rule, we find that critical habitat is not determinable at this time. This proposed rule is organized by ecosystem, which will allow the Service to better prioritize, direct, and focus conservation and recovery actions on Hawaii Island. 5 The basis for our action. Under the Endangered Species Act, a species may be determined to be an endangered species or a threatened species based on any of five factors: (1) Destruction, modification, or curtailment of its habitat or range; (2) Overuse; (3) Disease or predation; (4) Inadequate existing regulations; or (5) Other natural or manmade factors. One or more of the species proposed for listing in this rule face the following threats related to these criteria: • Habitat loss and degradation due to agriculture and urban development; nonnative feral ungulates (e.g., pigs, goats) and plants; wildfire; hurricanes; flooding; and drought. • Predation or herbivory by nonnative feral ungulates, rats, snails, and slugs. • Inadequate existing regulatory mechanisms to prevent the introduction and spread of nonnative plants and animals. • Small number of individuals and populations, and lack of reproduction in the wild. This rule proposes to designate critical habitat for 3 plant species. • Approximately 18,766 acres (7,597 hectares) is being proposed as critical habitat in seven multi-species critical habitat units on lands owned by the U.S. National Park Service, State of Hawaii, County of Hawaii, and private interests. • Approximately 55 percent, or 10,304 acres (4,170 hectares), of the area being proposed as critical habitat overlaps with areas already designated as critical habitat for previously listed plant and animal species. 6 • Approximately 45 percent, or 8,464 acres (3,426 hectares), of the area does not overlap with areas already designated as critical habitat for previously listed plant and animal species. • The proposed critical habitat units encompass areas containing physical and biological features essential to the conservation of these species and that may require special management considerations, or are otherwise essential for the conservation of these species. • The proposed designation includes both occupied and unoccupied critical habitat for the three species for which we are proposing to designate critical habitat. • The Secretary may exclude an area from critical habitat if the benefits of exclusion outweigh the benefits of designation, unless the exclusion will result in the extinction of the species. We are considering excluding approximately 4,102 acres of privately owned and State lands from the critical habitat designation. We are preparing an economic analysis of the proposed critical habitat designation. To consider economic impacts, we are preparing an analysis of the economic impacts of the proposed critical habitat designation and related factors. We will announce the availability of the draft economic analysis as soon as it is completed, at which time we will seek public review and comment. We will use information from this analysis to inform the development of our final designation of critical habitat for these species. 7 We will seek peer review. We will obtain opinions from knowledgeable individuals with scientific expertise regarding our technical assumptions, analysis, adherence to regulations, and use of the best available information. Public Comments We intend that any final action resulting from this proposal will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we solicit comments or suggestions on this proposed rule from other concerned governmental agencies, the scientific community, industry, or other interested parties concerning this proposed rule. We are proposing to list 15 species (13 plants, 1 anchialine pool shrimp, and 1 picture-wing fly) as endangered species. We are also proposing to designate critical habitat for one of the proposed endangered plant species and two plant species that are already listed as endangered species, but that do not have designated critical habitat on Hawaii Island. We particularly seek comments concerning: (1) Biological, commercial trade, or other relevant data concerning threats (or the lack thereof) to the 15 species proposed for listing, and the adequacy of the existing regulations that may be addressing those threats. (2) Additional information concerning the range, distribution, and population sizes of each of the 15 species proposed for listing, including the locations of any additional populations of these species. 8 (3) Any information on the biological or ecological requirements of the 15 species proposed for listing. (4) Current or planned activities within the area being proposed for critical habitat and possible impacts to these activities.
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