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43178 Federal Register / Vol. 61, No. 163 / Wednesday, August 21, 1996 / Rules and Regulations

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43178 Federal Register / Vol. 61, No. 163 / Wednesday, August 21, 1996 / Rules and Regulations 43178 Federal Register / Vol. 61, No. 163 / Wednesday, August 21, 1996 / Rules and Regulations navigational device, guide or menu shall § 76.1514 Bundling of video and local endemic to the island of Nihoa, Hawaii. be subject to the requirements of Section exchange services. Nihoa is the largest and highest of the 653(b)(1)(E) of the Communications Act; * * * * * uninhabited islands of Hawaii. The (5) An open video system operator (b) Any local exchange carrier offering Hawaiian Archipelago is made up of may permit video programming such a package must impute the 132 islands, reefs, and shoals forming an providers, including its affiliate, to unbundled tariff rate for the regulated arch 1,600 statute mi (2,580 km) long in develop and use their own navigational service. the middle of the Pacific Ocean. The devices. If an open video system [FR Doc. 96±21262 Filed 8±20±96; 8:45 am] eight major Hawaiian Islands occur in the southeast 400 mi (650 km) of the operator permits video programming BILLING CODE 6712±01±P providers, including its affiliate, to arch. Northwest of Niihau, small islands develop and use their own navigational and atolls are widely scattered over the remaining 1,200 mi (1,930 km) of the devices, the operator must create an DEPARTMENT OF THE INTERIOR electronic menu or guide that all video arch and make up the Northwestern programming providers must carry Fish and Wildlife Service Hawaiian Islands (NWHI) (formerly containing a non-discriminatory listing called the Leeward Islands) (Department of programming providers or 50 CFR Part 17 of Geography 1983, Macdonald et al. 1983, Walker 1990). Nihoa, the largest of programming services available on the RIN 1018±AB88 system and informing the viewer how to the lava islands west of Niihau, is the obtain additional information on each of Endangered and Threatened Wildlife closest to the main islands, situated 170 the services listed; and Plants; Endangered Status for mi (275 km) northwest of Kauai. Over (6) An open video system operator Three Plants From the Island of Nihoa, many years, waves driven by prevailing must grant access, for programming Hawaii trade winds eroded the island into its providers that do not wish to use their current shape, which is the remnant own navigational device, to the AGENCY: Fish and Wildlife Service, southwest quadrant of the original huge navigational device used by the open Interior. volcanic cone. The east, west, and north video system operator or its affiliate; ACTION: Final rule. sides of Nihoa are sheer cliffs, and the south coast comprises low cliffs with and SUMMARY: The U.S. Fish and Wildlife (7) If an operator provides an rock benches and one small beach Service (Service) determines (Cleghorn 1987, Gagne and Conant electronic guide or menu that complies endangered status pursuant to the with paragraph (b)(5) of this section, its 1983, Macdonald et al. 1983). The Endangered Species Act of 1973, as island, formed about 7.5 million years programming affiliate may create its amended (Act), for three plants: own menu or guide without being ago by a single shield volcano, now Amaranthus brownii (no common name measures only 0.85 mi (1.4 km) long, an subject to the requirements of Section (NCN)), Pritchardia remota (loulu), and 653(b)(1)(E) of the Communications Act. average of 0.3 mi (0.5 km) wide, and 156 Schiedea verticillata (NCN). These three acres (ac) (63.1 hectares (ha)) in area (c) An open video system operator species are endemic to the island of (Macdonald et al. 1983, Walker 1990). shall ensure that video programming Nihoa, Hawaiian Islands. Two of the The highest point, 896 feet (ft) (273 providers or copyright holders (or both) species are threatened by competition meters (m)) in elevation (Conant 1985), are able to suitably and uniquely with the one widespread alien plant that is located at one of the two peaks on identify their programming services to has established on the island. Two of Nihoa, which are separated by a subscribers. the species grow in steep, rocky habitats depression dissected by six valleys (d) An open video system operator which are easily disturbed. Because of (Macdonald et al. 1983). The elevation shall transmit programming the small numbers of existing of the island is not sufficient to increase identification without change or individuals and populations and their precipitation from that which would fall alteration if such identification is narrow distributions, which are limited on a flat island, and the yearly rainfall transmitted as part of the programming to the 0.25 square mile (sq mi) (0.65 sq of 20 to 30 inches (in) (508 to 762 signal. kilometer (km)) island, these species are millimeters (mm)) per year, usually 10. Section 76.1513 is amended by subject to a danger of extinction and/or concentrated in the winter months, is adding a note following paragraph reduced reproductive vigor. This final the result of unpredictable rain squalls (e)(1)(viii) to read as follows: rule implements the Federal protection passing over the island (Carlquist 1980, provisions provided by the Act. § 76.1513 Dispute resolution. Cleghorn 1987). Valleys are deep and EFFECTIVE DATE: September 20, 1996. have little sediment, indicating that * * * * * ADDRESSES: The complete file for this their streams were once powerful, but (e) * * * rule is available for public inspection, the only water on the island now is (1) * * * by appointment, during normal business found in three freshwater seeps (viii) * * * hours at the U.S. Fish and Wildlife (Cleghorn 1987). Note to paragraph (e)(1)(viii): Upon Service, Pacific Islands Ecoregion, 300 Nihoa, with the most diverse flora and request by a complainant, the preliminary Ala Moana Boulevard, Room 3108, P.O. fauna of any of the NWHI, presents a carriage rate estimate shall include a Box 50088, Honolulu, Hawaii 96850. calculation of the average of the carriage rates relatively intact low-elevation dryland FOR FURTHER INFORMATION CONTACT: paid by the unaffiliated video programming ecosystem with a complement of native providers receiving carriage from the open Robert P. Smith, Pacific Islands plants, arthropods, and birds (Gagne video system operator, including the Ecoregion Manager, at the above address 1982). Such areas were probably information needed for any weighting of the (808/541±2749). common in the main Hawaiian Islands individual carriage rates that the operator has SUPPLEMENTARY INFORMATION: prior to their disturbance by Polynesian included in the average rate. agricultural practices (Cuddihy and * * * * * Background Stone 1990). Nihoa was first inhabited 11. Section 76.1514 is amended by Amaranthus brownii, Pritchardia in the thirteenth century by a small revising paragraph (b) to read as follows: remota, and Schiedea verticillata are group of Polynesian settlers who Federal Register / Vol. 61, No. 163 / Wednesday, August 21, 1996 / Rules and Regulations 43179 terraced and cultivated most of the popolo as codominants, as well as 'ilima refuge staff have of necessity taken place gently sloping area of the island, a total and several other less frequent species. well after this annual plant's normal of 12 to 31 ac (4.9 to 12.5 ha) or 7.7 to The Loulu (Pritchardia) Coastal Forest, growing season. During the dry summer 20 percent of the area of the island. a type of Coastal Mesic Forest, contains months when surveys are conducted, Most of the island was unsuitable for Pritchardia remota as the only dominant individuals of A. brownii are difficult to cultivation, and habitation did not (Gagne and Cuddihy 1990). distinguish from other desiccated persist for a long period of time; Nihoa is owned by the Federal herbaceous or seedling plants. The therefore, much of the natural government and is included within the unusually dry conditions of the past ecosystem remained intact (Cleghorn boundaries of the City and County of several years are another probable factor 1987, Emory 1928, Harrison 1990). Honolulu. Nihoa is part of the Hawaiian in the lack of A. brownii reported. Animals now found on or near Nihoa Islands National Wildlife Refuge, which During this species' normal growing includeÐa small, resident population of is managed by the Service, and has been season of December through March, the Hawaiian monk seal (Monachus designated a Research Natural Area seas are too rough to permit landing on schauinslandi), a listed endangered (Clapp et al. 1977; Conant 1985; Nihoa by survey personnel. The Service species; green sea turtle (Chelonia Department of the Interior 1986a, 1986b; continues to attempt winter surveys of mydas), a listed threatened species; 17 Harrison 1990; Honolulu 1988; Miller Nihoa with veteran field botanist Steve species of breeding seabirds; several 1983). Perlman of the Hawaii Plant migratory seabirds; 2 endemic land Discussion of the Three Plant Species Conservation Center, who believes that birds (Nihoa millerbird (Acrocephalus the species is likely present during the familiaris) and Nihoa finch (Telespiza Amaranthus brownii was first wetter winter months. Amaranthus ultima)), both listed endangered species; collected by Edward L. Caum during the brownii typically grows on rocky 6 species of endemic land snails; and 35 Tanager Expedition in 1923. Erling outcrops in fully exposed locations at endemic and 26 indigenous arthropods, Christophersen and Caum named it in elevations between 390 and 700 ft (120 many only recently discovered. honor of Dr. F.B.H. Brown in 1931. and 213 m). Associated species include A total of 26 vascular plant taxa have Amaranthus brownii, a member of the 'aheahea, kakonakona, and kupala. been found on Nihoa: Three species amaranth family (Amaranthaceae), is an Pigweed, an invasive alien species, is endemic to NihoaÐAmaranthus annual herb with leafy upright or widespread on Nihoa and grows in brownii, Pritchardia remota (loulu), and ascending stems, 1 to 3 ft (30 to 90 habitat similar to A.
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