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Federal Register/Vol. 75, No. 121/Thursday, June 24, 2010/Rules 35990 Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Rules and Regulations SUMMARY: The FCC published a pacificum) on the islands of Hawaii, group, which began its evolution document in the Federal Register of Maui, and Molokai. This final rule perhaps as long as 10 million years ago June 15, 2010, (75 FR 33729), clarifying implements the Federal protections (Jordan et al. 2003, p. 89), is the narrow- the requirements necessary for provided by the Act for these species. winged Hawaiian damselfly genus Broadband Radio Service (BRS) and We also determine that critical habitat Megalagrion. This genus appears to be Educational Broadband Service (EBS) for these two Hawaiian damselflies is most closely related to species of licensees to demonstrate substantial prudent, but not determinable at this Pseudagrion elsewhere in the Indo- service and ensure that BRS licensees of time. Pacific (Zimmerman 1948a, pp. 341, new initial licenses are given a DATES: This rule becomes effective July 345). The Megalagrion species of the reasonable period of time to deploy 26, 2010. Hawaiian Islands have evolved to occupy as many larval breeding niches service, while ensuring that spectrum is ADDRESSES: This final rule is available (different adaptations and ecological rapidly placed in use. The document on the Internet at http:// conditions for breeding and contained an incorrect page number in www.regulations.gov and http:// development of larvae, including reference to the BRS/EBS Third Further www.fws.gov/pacificislands. Comments chemical, physical, spatial, and Notice of Proposed Rulemaking citation. and materials received, as well as temporal factors) as all the rest of the DATES: Effective July 15, 2010. supporting documentation used in the world’s damselfly species combined, FOR FURTHER INFORMATION CONTACT: preparation of this rule, will be and in terms of the number of insular- available for public inspection, by Nancy M. Zaczek, Wireless endemic (native to only one island) appointment, during normal business Telecommunications Bureau, species, are exceeded only by the hours at: U.S. Fish and Wildlife Service, Broadband Division, Federal radiation of damselfly species of Fiji in Pacific Islands Fish and Wildlife Office, Communications Commission, 445 12th the Pacific (Jordan et al. 2003, p. 91). Street, SW., Washington, DC 20554, at 300 Ala Moana Boulevard, Room 3-122, Native Hawaiians apparently did not (202) 418–0274 or via the Internet to Box 50088, Honolulu, HI 96850; differentiate the various species, but [email protected]. telephone, 808-792-9400; facsimile, 808- referred to the native damselflies (and 792-9581. Correction dragonflies) collectively as ‘‘pinao,’’ and FOR FURTHER INFORMATION CONTACT: to the red-colored damselflies In the Federal Register 75 FR 33729 Loyal Mehrhoff, Field Supervisor, specifically as ‘‘pinao ula.’’ There has published on Tuesday, June 15, 2010, Pacific Islands Fish and Wildlife Office been no traditional European use of a the following correction is made: On (see ADDRESSES). If you use a common name for species in the genus page 33730, second column, paragraph telecommunications device for the deaf Megalagrion. In his 1994 taxonomic 3, first sentence, remove the phrase ‘‘74 (TDD), call the Federal Information review of the candidate species of FR 49335’’ and insert ‘‘74 FR 49356.’’ Relay Service (FIRS) at 800-877-8339. insects of the Hawaiian Islands, Nishida Marlene H. Dortch, SUPPLEMENTARY INFORMATION: (1994, pp. 4-7) proposed the name ‘‘Hawaiian damselflies’’ as the common Secretary, Federal Communications Background Commission. name for species in the genus Damselflies are insects in the order [FR Doc. 2010–15348 Filed 6–23–10; 8:45 am] Megalagrion. Because this name reflects Odonata, and are close relatives of the restricted distribution of these BILLING CODE 6712–01–P dragonflies, which they resemble in insects and is nontechnical, the appearance. Damselflies, however, are common name ‘‘Hawaiian damselflies’’ slender-bodied and fold their wings is adopted for general use here, and we DEPARTMENT OF THE INTERIOR parallel to the body while at rest, which use the common names flying earwig readily distinguishes them from their Fish and Wildlife Service Hawaiian damselfly and Pacific dragonfly relatives, which hold their Hawaiian damselfly to identify the two wings out perpendicular to the body 50 CFR Part 17 species addressed in this final rule. while not in flight. The general biology of Hawaiian [Docket No. FWS-R1-ES-2009-0036] The flying earwig Hawaiian damselfly damselflies is typical of other narrow- [MO 92210-0-0008] and the Pacific Hawaiian damselfly are winged damselflies (Polhemus and unique, endemic insects found only in Asquith 1996, pp. 2-7). The males of RIN 1018-AV47 the Hawaiian Islands. Historically found most species are territorial, guarding Endangered and Threatened Wildlife on the islands of Hawaii and Maui, the areas of habitat where females lay eggs and Plants; Listing the Flying Earwig flying earwig Hawaiian damselfly has (Moore 1983a, p. 89). During copulation, Hawaiian Damselfly and Pacific not been seen on the island of Hawaii and often while the female lays eggs, the Hawaiian Damselfly As Endangered for over 80 years. Currently, the species male grasps the female behind the head Throughout Their Ranges is known only from one location on with terminal abdominal appendages to Maui. The Pacific Hawaiian damselfly guard the female against rival males; AGENCY: Fish and Wildlife Service, was historically found on all of the main thus males and females are frequently Interior. Hawaiian Islands except Kahoolawe and seen flying in tandem. ACTION: Final rule. Niihau. Currently, the Pacific Hawaiian Female damselflies lay eggs in damselfly is known only from the submerged aquatic vegetation or in mats SUMMARY: We, the U.S. Fish and islands of Hawaii, Maui and Molokai. of moss or algae on submerged rocks, Wildlife Service (Service), determine The Hawaiian Islands are well known and hatching occurs in about 10 days endangered status under the for several spectacular evolutionary (Williams 1936, pp. 303, 306, 318; Endangered Species Act of 1973, as radiations (the rapid evolution of new Evenhuis et al. 1995, p. 18). In most amended (Act), for two species of species from a single ancestral type, as species of Hawaiian damselflies, the Hawaiian damselflies, the flying earwig a result of adaptation and divergence in immature larval stages (naiads) are Hawaiian damselfly (Megalagrion response to new ecological conditions) aquatic, breathing through three nesiotes) on the island of Maui and the resulting in unique insect fauna found flattened abdominal gills, and are Pacific Hawaiian damselfly (M. nowhere else in the world. One such predaceous, feeding on small aquatic VerDate Mar<15>2010 12:53 Jun 23, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1 cprice-sewell on DSK8KYBLC1PROD with RULES Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Rules and Regulations 35991 invertebrates or fish (Williams 1936, p. Previous Federal Actions In fiscal year 2007, we determined 303). Naiads may take up to 4 months that funding was available to initiate to mature (Williams 1936, p. 309), after Both the flying earwig Hawaiian work on listing determinations for these which they crawl out of the water onto damselfly and the Pacific Hawaiian two species. On July 8, 2009, we rocks or vegetation to molt into winged damselfly were first designated as published a proposed rule to list the adults, typically remaining close to the candidate species on May 22, 1984 (49 flying earwig Hawaiian damselfly and aquatic habitat from which they FR 21664). Candidate species are those the Pacific Hawaiian damselfly as emerged. The Pacific Hawaiian taxa for which the Service has sufficient endangered (74 FR 32490). We solicited damselfly exhibits this typical aquatic information on their biological status data and comments from the public on life history. and threats to propose them for listing the proposed rule for 60 days, ending under the Act (16 U.S.C. 1531 et seq.), In contrast, the naiads of a few species September 8, 2009. To allow the public but for which the development of a and interested parties additional time to of Hawaiian damselflies are terrestrial or listing regulation has been precluded by semiterrestrial, living on wet rock faces submit comments on the proposed rule, other higher-priority listing activities. we reopened the comment period on or in damp terrestrial conditions, The flying earwig Hawaiian damselfly November 19, 2009 (74 FR 59956), and inhabiting wet leaf litter or moist leaf was removed from the candidate list on accepted comments until December 21, axils (the angled juncture of the leaf and November 21, 1991 (56 FR 58804), 2009. stem) of native plants up to several feet whereas the Pacific Hawaiian damselfly above ground (Zimmerman 1970, p. 33; retained its status as a candidate Species Information Simon et al. 1984, p. 13; Polhemus and species. On November 15, 1994 (59 FR Flying Earwig Hawaiian Damselfly Asquith 1996, p. 17). The naiads of 58982), the flying earwig Hawaiian The flying earwig Hawaiian damselfly these terrestrial and semiterrestrial damselfly was added back onto the species have evolved short, thick, hairy was first described from specimens candidate list. In the Candidate Notice collected in the 1890s in Puna on gills and in many species are unable to of Review (CNOR) published on swim (Polhemus and Asquith 1996, p. Hawaii Island by R.C.L. Perkins (1899, February 28, 1996 (61 FR 7595), we p. 72). Kennedy (1934, pp. 343-345) 75). The flying earwig Hawaiian announced a revised list of plant and damselfly is believed to exhibit this described what was believed at the time animal taxa that we regarded as to be a new species of damselfly based terrestrial or semiterrestrial naiad life candidates for possible addition to the history. on specimens from Maui; these were Lists of Threatened and Endangered later determined to be synonymous with The Hawaiian damselflies are Wildlife and Plants.
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