Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40633

substitution of DTV channel 42 for may also be purchased from the DEPARTMENT OF THE INTERIOR channel 62 at Hammond. DTV Channel Commission’s duplicating contractor, 42 can be allotted to Hammond at Qualex International, Portals II, 445 Fish and Wildlife Service reference coordinates 29–58–57 N. and 12th Street, SW., Room CY–B402, 89–57–09 W. with a power of 1000, a Washington, DC, 20554, telephone 202– 50 CFR Part 17 height above average terrain HAAT of 863–2893, facsimile 202–863–2898, or RIN 1018–AH94 308 meters. via e-mail [email protected]. DATES: Comments must be filed on or Endangered and Threatened Wildlife Provisions of the Regulatory before July 29, 2002, and reply and Plants; Designation of Critical Flexibility Act of 1980 do not apply to comments on or before August 13, 2002. Habitat for Blackburn’s Sphinx Moth this proceeding. ADDRESSES: The Commission permits AGENCY: the electronic filing of all pleadings and Members of the public should note Fish and Wildlife Service, comments in proceeding involving that from the time a Notice of Proposed Interior. petitions for rule making (except in Rule Making is issued until the matter ACTION: Proposed rule. broadcast allotment proceedings). See is no longer subject to Commission SUMMARY: We, the U. S. Fish and Electronic Filing of Documents in Rule consideration or court review, all ex Wildlife Service (Service), propose Making Proceedings, GC Docket No. 97– parte contacts are prohibited in designation of critical habitat for the 113 (rel. April 6, 1998). Filings by paper Commission proceedings, such as this Blackburn’s sphinx moth (Manduca can be sent by hand or messenger one, which involve channel allotments. delivery, by commercial overnight blackburni), pursuant to the Endangered See 47 CFR 1.1204(b) for rules Species Act of 1973, as amended (Act). courier, or by first-class or overnight governing permissible ex parte contacts. U.S. Postal Service mail (although we A total of approximately 40,240 hectares continue to experience delays in For information regarding proper (99,433 acres) on the Hawaiian Islands receiving U.S. Postal Service mail). The filing procedures for comments, see 47 of Maui, Hawaii, Molokai, and Commission’s contractor, Vistronix, CFR 1.415 and 1.420. Kahoolawe are proposed for designation as critical habitat for Blackburn’s sphinx Inc., will receive hand-delivered or List of Subjects in 47 CFR Part 73 messenger-delivered paper filings for moth. the Commission’s Secretary at 236 Digital television broadcasting, Critical habitat receives protection Massachusetts Avenue, NE., Suite 110, Television. from destruction or adverse Washington, DC 20002. The filing hours modification through required at this location are 8:00 a.m. to 7:00 p.m. For the reasons discussed in the consultation under section 7 of the Act All hand deliveries must be held preamble, the Federal Communications with regard to actions carried out, together with rubber bands or fasteners. Commission proposes to amend 47 CFR funded, or authorized by a Federal Any envelopes must be disposed of part 73 as follows: agency. Section 4 of the Act requires us before entering the building. to consider economic and other relevant Commercial overnight mail (other than PART 73—RADIO BROADCAST impacts when specifying any particular U.S. Postal Service Express Mail and SERVICES area as critical habitat. Priority Mail) must be sent to 9300 East We solicit data and comments from Hampton Drive, Capitol Heights, MD 1. The authority citation for part 73 the public on all aspects of this 20743. U.S. Postal Service first-class continues to read as follows: proposal, including data on economic mail, Express Mail, and Priority Mail Authority: 47 U.S.C. 154, 303, 334 and 336. and other impacts of the designation. should be addressed to 445 12th Street, We may revise or further refine critical SW., Washington, DC 20554. All filings § 73.606 [Amended] habitat boundaries described in this proposal after taking into consideration must be addressed to the Commission’s 2. Section 73.606(b), the Table of the comments or any new information Secretary, Office of the Secretary, Television Allotments under Louisiana Federal Communications Commission, received during the comment period, is amended by removing Hammond, Washington, DC 20554. In addition to and such information may lead to a final channel 62+. filing comments with the FCC, regulation that differs from this interested parties should serve the § 73.622 [Amended] proposal. petitioner, or its counsel or consultant, DATES: We will accept comments until 3. Section 73.622(b), the Table of as follows: David D. Oxenford, Shaw the close of business on August 12, Digital Television Allotments under Pittman, LLP, 2300 N Street, NW., 2002. Requests for a public hearing must Washington, DC 20037–1128 (Counsel Louisiana is amended by adding be received by July 29, 2002. for KB Prime Media LLC). Hammond, DTV channel 42. ADDRESSES: If you wish to comment, FOR FURTHER INFORMATION CONTACT: Pam Federal Communications Commission. send your comments and other Blumenthal, Media Bureau, (202) 418– Barbara A. Kreisman, materials on this proposed rule to Paul 1600. Chief, Video Division, Media Bureau. Henson, Field Supervisor, Pacific SUPPLEMENTARY INFORMATION: This is a [FR Doc. 02–14998 Filed 6–12–02; 8:45 am] Islands Fish and Wildlife Office, U.S. synopsis of the Commission’s Notice of Fish and Wildlife Service, 300 Ala BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No. Moana Boulevard, Room 3–122, Box 02–131, adopted May 29, 2002, and 50088, Honolulu, HI 96850. You may released June 5, 2002. The full text of also hand-deliver written comments to this document is available for public our Pacific Islands Fish and Wildlife inspection and copying during regular Office at the address given above. You business hours in the FCC Reference may view the comments and materials Information Center, Portals II, 445 12th that we receive, as well as supporting Street, SW., Room CY–A257, documentation used in the preparation Washington, DC 20554. This document of this proposed rule, by appointment,

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40634 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

during normal business hours at our islands were formed sequentially by cm (400 in) per year, making it the Pacific Islands Fish and Wildlife Office. basaltic lava that emerged from a hot second wettest spot in Hawaii FOR FURTHER INFORMATION CONTACT: Paul spot in the earth’s crust located near the (Department of Geography 1998). East Henson, Field Supervisor, Pacific current southeastern coast of the island Maui’s Haleakala Mountain, reaching Islands Fish and Wildlife Office, at the of Hawaii (Stearns 1985). It is widely 3,055 m (10,023 ft) in elevation, has above address (telephone 808/541–3441; accepted that the native flora and fauna retained its classic shield shape with the facsimile 808/541–3470). of the Hawaiian Islands arrived by wind most recent eruptions occurring in the and ocean currents, as passengers on or SUPPLEMENTARY INFORMATION: last 220 years on the southeastern inside other organisms, or as in the case slopes. Rainfall on the slopes of Species Description of some fauna, on their own power, to Haleakala is extremely variable, with its Blackburn’s sphinx moth (moth) evolve over the course of millions of windward (northeastern) slope receiving (Manduca blackburni) is one of Hawaii’s years into one of most highly speciated the most precipitation. largest native insects, with a wingspan and diverse natural environments found Geologically, Maui is part of the four- anywhere in the world (Wagner and of up to 12 centimeters (cm) (5 inches island complex comprising Maui, Funk 1995). Below, we provide brief (in)). Like other sphinx moths in the Molokai, Lanai, and Kahoolawe, known geographical descriptions of the family Sphingidae, it has long, narrow collectively as Maui Nui. During the last Hawaiian Islands discussed in this forewings, and a thick, spindle-shaped Ice Age about 12,000 years ago when sea proposed rule. body tapered at both ends. It is grayish levels were about 160 m (525 ft) below brown in color, with black bands across Hawaii their present level, it is possible the four the apical (top) margins of the hind The island of Hawaii is the largest, islands were connected by a broad wings, and five orange spots along each highest, and youngest of the eight major lowland plain (Department of side of the abdomen. The larva is a islands, and it has an area of 10,458 Geography 1998). This land bridge may typical, large ‘‘hornworm’’ caterpillar, square kilometers (km 2) (4,038 square have allowed the movement and with a spine-like process on the dorsal miles (mi 2)). It was formed by five, interaction of the islands’ flora and (upper) surface of the eighth abdominal interconnected shield volcanoes fauna and contributed to the close segment. Caterpillars occur in two color (Hualalai, Mauna Kea, Mauna Loa, relationships of their biota of present forms, a bright green or a grayish form. Kilauea, and Kohala Mountains). The (Hobdy 1993). This variation in color does not appear Kohala Mountains, at the northeastern Kahoolawe until the fifth instar (the fifth stage portion of the island, are the oldest and between molts) (Van Gelder and Conant reach an elevation of about 1,344 m The island of Kahoolawe comprises 1998). Both color forms have scattered (4,408 ft) above sea level. Mauna Kea some 117 km2 (45 mi2). Located in the white speckles throughout the dorsum volcano rises to 4,204 m (13,792 ft) lee of Haleakala, the island lies (back), with the lateral (side) margin of (Department of Geography 1998) and is approximately 11 kilometers (km) (6.7 each segment bearing a horizontal white inter-connected with Mauna Loa by an miles (mi)) from East Maui. The highest stripe, and segments four to seven extensive saddle. Hualalai volcano, point is the rim of an extinct volcano at bearing diagonal stripes on the lateral located on the western side of the 450 m (1,477 ft) above sea level margins (Betsy Gagne´, Hawaii island, rises to an elevation of 2,520 m (Department of Geography 1998). The Department of Land and Natural (8,269 ft). The two active volcanoes on estimated annual precipitation is Resources, pers. comm. 1998; the island, Mauna Loa and Kilauea, approximately 50 cm (20 in), with most Zimmerman 1958). have elevations of 4,168 m (13,674 ft) of it falling from November through The moth is closely related to the and 1,247 m (4,093 ft), respectively. March. In addition to the low tomato hornworm (Manduca Hawaii lies within the trade wind belt precipitation, Kahoolawe has the quinquemaculata) and has been (Mueller-Dombois et al. 1985), and highest mean wind velocity of the confused with this species. The moth moisture derived from the Pacific Ocean Hawaiian Islands (Department of was described by Butler (1880) as is carried to the island by north-easterly Geography 1998). Protoparce blackburni, and named in trade winds. Heavy rains fall when Cattle from an early cattle industry honor of the Reverend Thomas moist air is driven upward by windward and feral goats (Capra hircus) largely Blackburn who collected the first mountain slopes (Wagner et al. 1999). denuded the island beginning in the specimens. It was later believed to be Considerable moisture reaches the lower 1800s. Kahoolawe was later utilized as the same species as the tomato leeward slopes of the saddle, but these a military bombing target from 1941 hornworm (Sphinx celeus Hubner = slopes dry out rapidly as elevation through the 1980s. Current restoration Sphinx quinquemaculatus Hawthorn) increases. Thus, the leeward and saddle work and erosion control have been by Meyrick (1899), and then treated as areas of Mauna Kea and Mauna Loa tend hampered by an ongoing program to a subspecies (Rothschild and Jordan to be dry. 1903, as cited by Riotte 1986) and safely locate and dispose of unexploded placed in the genus Phlegethontius Maui ordnance on the island. (Zimmerman 1958). Riotte (1986) Maui, the second largest island in Molokai demonstrated Blackburn’s sphinx moth Hawaii at 1,888 km2 (729 mi2) area, was is a distinct taxon in the genus formed by the eruptions of two large The island of Molokai, the fifth largest Manduca, native to the Hawaiian shield volcanoes, the older West Maui in the Hawaiian Islands chain, Islands, and reinstated it as a full volcano on the west side, and the larger, encompasses an area of about 689 km 2 species, Manduca blackburni. but much younger, Haleakala volcano to (266 mi 2) (Department of Geography the east. Stream erosion has cut deep 1998). Three shield volcanoes make up Bio-Geographical Overview valleys and ridges into the originally most of the land mass of Molokai: West The Hawaiian archipelago includes shield-shaped West Maui volcano. The Molokai Mountain, East Molokai large volcanic islands as well as the highest point on West Maui is Puu Mountain, and a volcano which formed numerous shoals and atolls of the Kukui at 1,764 m (5,788 ft) elevation, Kalaupapa Peninsula (Department of northwestern Hawaiian Islands. The which has an average rainfall of 1,020 Geography 1998).

VerDate May<23>2002 19:42 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm12 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40635

The East Molokai Mountains rise Nawiliwili. Populations were known Myoporum sandwicense shrubs (Cabin 1,515 m (4,970 ft) above sea level and from Honolulu, Honouliuli, and Makua et al. 2000; Roderick and Gillespie 1997; comprises roughly 50 percent of the on leeward Oahu, and Kamalo, Van Gelder and Conant 1998; Wagner et island’s area (Department of Geography Mapulehu, and Keopu on Molokai. On al. 1999; Wood 2001a, b). 1998). Topographically, the windward Hawaii, it was known from Hilo, Pahala, The largest populations of side of East Molokai differs from the Kalaoa, Kona, and Hamakua. It appears Blackburn’s sphinx moths, on Maui and leeward side. Precipitous cliffs line the this moth was historically most Hawaii, are associated with trees in the northern windward coast and deep common on Maui, where it was genus Nothocestrum (Van Gelder and inaccessible valleys dissect the coastal recorded from Kahului, Spreckelsville, Conant 1998). For example, the large area. The annual rainfall on the Makena, Wailuku, Kula, Lahaina, and stand of Nothocestrum trees within the windward side ranges from 190 to 380 West Maui. Kanaio Natural Area Reserve (NAR), cm (75 to 150 in) or more, distributed Larvae of the moth feed on plants in Maui, is likely the largest in the State throughout the year. The soils are the nightshade family (Solanaceae). The (Medeiros et al. 1993), and may explain poorly drained and high in organic natural host plants are native trees why the moth occurs with such matter. Much of the native vegetation on within the genus Nothocestrum (aiea) regularity in the Kanaio area (A. the northern part of East Molokai is (Riotte 1986), on which the larvae Medeiros, pers. comm., 1994). intact because of its relative consume leaves, stems, flowers, and Nothocestrum is a genus of four species inaccessibility to humans and nonnative buds (B. Gagne´, pers. comm. 1994). endemic to the Hawaiian Islands animals, although feral ungulates have However, many of the host plants (Symon 1999). Nothocestrum species begun to access some of these areas in recorded for this species are not native currently occur on Kauai, Oahu, recent years (Department of Geography to the Hawaiian Islands, and include Molokai, Lanai, Hawaii, and Maui. One 1998). Nicotiana tabacum (commercial species, N. longifolium primarily occurs tobacco), Nicotiana glauca (tree in wet forests, but can occur in mesic Blackburn’s Sphinx Moth Biology and tobacco), Solanum melongena Status forests as well. Three species, N. (eggplant), Lycopersicon esculentum latifolium, N. breviflorum, and N. Very few specimens of the moth have (tomato), and possibly Datura peltatum, occur in dry to mesic forests, been seen since 1940, and after a stramonium (Jimson weed) (Riotte the habitat in which the moth has been concerted effort by staff at the Bishop 1986). Sphingid moths are known to most frequently recorded. Moth larvae Museum to relocate this species in the exploit nutritious but low-density, low- have been documented feeding on two late 1970s, it was considered to be apparency host plants such as vines and Nothocestrum species, N. latifolium and extinct (Gagne´ and Howarth 1985). In sapling trees (Kitching and Cadiou N. breviflorum; it is likely that N. 1984, a single population was 2000). Development from egg to adult peltatum and N. longifolium are suitable rediscovered on Maui (Riotte 1986), and can take as little as 56 days (Williams host plants for larval moths as well. subsequently, populations on two other 1947), but pupae may remain in a state This is supported not only by the fact islands were rediscovered. Currently it of torpor (inactivity) in the soil for up that they are closely related to known is known only from populations on to a year (B. Gagne´, pers. comm., 1994; larval hosts, but also because there are Maui, Kahoolawe, and Hawaii. Moth Williams 1931). Adult moths have been past historical records of the moth population numbers are known to be found throughout the year (Riotte 1986). occurring on the islands of Kauai and small based upon past sampling results, Adult moths feed on nectar, including however, no reasonably accurate that from Ipomoea indica (D. Hopper, in Oahu, where N. latifolium is not estimate of population sizes have been litt., 2000, 2002). During Van Gelder and abundant and N. breviflorum does not determinable at this point due to the Conant’s captive-rearing study (1998), occur. Furthermore, the species is adult moths’ wide-ranging behavior and adult moth feeding was not observed known to feed on a variety of native and its overall rarity (A. Medeiros, U.S. and captive-reared adult moths lived no non-native Solanaceae. Geological Survey-Biological Resource longer than 12 days. In general, On Molokai, moth habitat includes Division, pers. comm. 1998; Van Gelder sphingids are known to live longer than vegetation consisting primarily of and Conant 1998). Before humans most moths because of their ability to mixed-species, mesic and dry forest arrived, dry and mesic shrubland and feed and take in water from a variety of communities composed of native and forest covered about 823,283 hectares sources, rather than relying only upon introduced plants (HHP 2000). Although (2,034,369 acres) on all the main islands stored fat reserves. Because they live Molokai is not known to currently (Hawaii Natural Heritage Program (HHP) longer than most moths, female contain a moth population, past moth 2000), and it is likely the moth sphingid moths have less time pressure sightings on Molokai have been reported inhabited much of that area (Riotte to mate and lay eggs, and often will take and the island does contain native 1986). Reports by early naturalists more time in locating the best host Nothocestrum larval host plants, indicate the species was once plants for egg laying (Kitching and including N. longifolium and N. widespread and abundant, at least Cadiou 2000). latifolium, as well as adult host plants during European settlement on nearly and restorable, manageable areas all the main Hawaiian islands (Riotte Blackburn’s Sphinx Moth Habitat and associated with these existing host 1986). Range plants (Wood 2001a). Because of its The moth has been recorded from the Plant species composition in the proximity to Maui (historically, home to islands of Kauai, Kahoolawe, Oahu, moth’s habitat varies considerably the most persistent and largest Molokai, Maui, and Hawaii, and has depending on location and elevation, population) and the fact that Molokai been observed from sea level to 1,525 m but some of the most common native has in the past and presently supports (5,000 ft) elevation. Most historical plants in areas where the moth occur are large stands of N. latifolium, many records were from coastal or lowland Diospyros sandwicensis trees, Rauvolfia researchers believe the moth could re- dry forest habitats in areas receiving less sandwicensis trees, Reynoldsia establish itself on the island and become than 127 cm (50 in) annual rainfall. On sandwicensis trees, Pouteria a viable population(s) in the future (F. the island of Kauai, the moth was sandwicensis trees, Dodonaea viscosa Howarth, Bishop Museum, pers. comm. recorded only from the coastal area of shrubs, Erythrina sandwicensis, and 2001).

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40636 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

The endangered larval host plant, entire genus is declining and considered continuous long-term adult feeding Nothocestrum breviflorum, as well as uncommon (HHP 2000; Medeiros et al. stress could affect the future viability of adult host plants occur in the areas on 1993). For example, while N. latifolium a population (Center for Conservation Hawaii Island supporting populations of presently occurs at moderate densities Biology Update 1994). the moth (M. Bruegmann, Service, pers. at Kanaio NAR (HHP 1993), there has Often, habitat suitability for comm., 1998) and there are many been a complete lack of seedling herbivorous insects is determined by recorded associations of eggs, larvae, survival (Medeiros et al. 1993) and the factors other than host plant occurrence and adult moths with this plant species. stand is being degraded by goats or density. Microclimatic conditions This tree species is primarily threatened (Medeiros et al. 1993; F.G. Howarth, (Thomas 1991; Solbreck 1995) and by habitat conversion associated with Bishop Museum, pers. comm., 1994; S. predator pressure (Roland 1993; Roland development; competition from Montgomery, Bishop Museum, pers. and Taylor 1995; Walde 1995) are two nonnative species such as Schinus comm., 1994). Goats have played a such widely reported factors. In a study terebinthifolius (Christmas berry), major role in the destruction of dryland of moth population structure, habitat Pennisetum setaceum (fountain grass), and mesic forests throughout the patch size and the level of sun exposure Lantana camara (lantana), and Hawaiian Islands (Stone 1985; van Riper were shown to affect species occupancy, Leucaena leucocephala (koa haole); and van Riper 1982). while patch size and the distance from browsing by cattle; fire; random Before humans arrived, dry to mesic the ocean coast were reported to affect environmental events such as prolonged shrub land and forest covered about moth density (Forare and Solbreck drought; and reduced reproductive 823,283 ha (2,034,369 ac) on all the 1997). Moth populations in small potential due to the small number of main islands (HHP 2000), and it is likely habitat patches were more likely to existing individuals (59 FR 10325). Blackburn’s sphinx moth inhabited become extinct (Forare and Solbreck Although Nothocestrum species are much of that area (Riotte 1986). Reports 1997). by early naturalists indicate the species not currently reported from Kahoolawe, Nonnative Arthropods there were very few surveys of this was once widespread and abundant on island prior to the intense ranching nearly all the main Hawaiian Islands The geographic isolation of the activities, which began in the middle of during European settlement (Riotte Hawaiian Islands restricted the number the last century, and the subsequent use 1986). Because the moth was once so of original successful colonizing of the island as a weapons range for 50 widespread and sphinx moths are arthropods and resulted in the years. Prior to their removal, goats also known to be strong fliers, we believe it development of an unusual fauna. Only 15 percent of the known insect families played a major role in the destruction of is likely inter-island dispersal of the are represented by the native insects of vegetation on Kahoolawe (Cuddihy and species occurred to some degree prior to Hawaii (Howarth 1990). Some groups Stone 1990). It is likely the the loss of much of its historical habitat. that often dominate continental reappearance of some vegetation as a Currently, the areas of dry to mesic arthropod faunas, such as social result of the removal of the goats and shrub and forest habitats below 1,525 m Hymenoptera (group-nesting ants, bees, the cessation of military bombing (5,000 ft) that are or could potentially be and wasps), are entirely absent from the activities has allowed the moth to suitable for the Blackburn’s sphinx native Hawaiian fauna. Accidental inhabit the island. On Kahoolawe, moth moth are approximately 148,588 ha introductions from commercial shipping larvae feed on the nonnative Nicotiana (367,161 ac). Thus it appears the moth’s and air cargo to Hawaii has now glauca, which appears to adequately range has declined on the order of 82 resulted in the establishment of over support production and growth of the percent since humans arrived in Hawaii 2,500 species of alien arthropods larval stage during non-drought years. 1,600 years ago (HHP 2000; Kirch 1982). (Howarth 1990; Howarth et al. 1994), However, the native Nothocestrum are Localized Extirpation with a continuing establishment rate of more stable and drought-resistant than In addition to, or perhaps because of, 10 to 20 new species per year (Nishida the Nicotiana glauca, which dies back habitat loss and fragmentation, 1997). In addition to the accidental significantly during especially dry years Blackburn’s sphinx moths are also establishment of nonnative species, (A. Medeiros, pers. comm., 2001). susceptible to seasonal variations and private individuals and government Therefore, it appears likely that long- weather fluctuations affecting their agencies began importing and releasing term survival of the moth on Kahoolawe quality and quantity of available habitat nonnative predators and parasites for will require the planting of and food. For example, during times of biological control of pests as early as Nothocestrum latifolium (A. Medeiros, drought, it is expected nectar 1865. This resulted in the introduction pers. comm., 1998). availability for adult moths will of 243 nonnative species between 1890 Threats to the Conservation of decrease. During times of decreased and 1985, in some cases with the Blackburn’s Sphinx Moth nectar availability, life spans of specific intent of reducing populations individuals may not be affected, but of native Hawaiian insects (Funasaki et Habitat Loss and Degradation studies with butterflies have shown al. 1988, Lai 1988). Alien arthropods, Dry to mesic forest habitats in Hawaii marked decreases in reproductive whether purposefully introduced or have been severely degraded due to past capacity for many species (Center for accidental, pose a serious threat to and present land management practices Conservation Biology Update 1994). In Hawaii’s native insects, through direct including ranching, the impacts of another study, Janzen (1984) reported predation, parasitism, and competition introduced plants and animals, wildfire, that host plant availability directly for food or space (Howarth and and agricultural development (Cuddihy affected sphingid reproductive activity. Medeiros 1989; Howarth and Ramsay and Stone 1990). Due to these factors, In fact, for some lepidopteran 1991). Nothocestrum peltatum on Kauai and N. (butterflies and moths) species, if nectar breviflorum on Hawaii are now federally intake is cut in half, reproduction is also Ants listed as endangered species (59 FR cut approximately in half. Such Ants are not a natural component of 9327; 59 FR 10325). Although all resource stress may occur on any time Hawaii’s arthropod fauna, and native Nothocestrum species are not presently scale, ranging from a few days to an species evolved in the absence of listed as endangered or threatened, the entire season, and a pattern of predation pressure from ants. Ants can

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40637

be particularly destructive predators other species of Braconidae are common Blackburn’s sphinx moth to be because of their high densities, predators (parasitoids) on the larvae of parasitized by a Trichogramma wasp recruitment behavior, aggressiveness, the tobacco hornworm and the tomato that was probably T. chilonis. Over 80 and broad range of diet (Reimer 1993). hornworm in North America (Gilmore percent of the eggs of the alien Because they are often generalist 1938). There are now at least 74 grasswebworm (Herpetogramma feeders, ants may affect prey nonnative species, in 41 genera, of licarsisalis) in Hawaii are parasitized by populations independent of prey braconid wasps established in Hawaii, these wasps (Davis 1969). In Guam, density, and may locate and destroy of which at least 35 species were Trichogramma chilonis effectively isolated individuals and populations purposefully introduced as biological limits populations of the sweet potato (Nafus 1993a). At least 36 species of control agents (Nishida 1997). Most hornworm (Nafus and Schreiner 1986), ants have become established in the species of alien braconid and and the sweet potato hornworm is Hawaiian Islands, and three particularly ichneumonid wasps that parasitize considered under complete biological aggressive species have severely affected moths are not host-specific, but attack control by this wasp in Hawaii (Lai the native insect fauna (Zimmerman the caterpillars or pupae of a variety of 1988). While this wasp probably affects 1948). moths (Funasaki et al. 1988; Blackburn’s sphinx moth in a density- For example, in areas where the big- Zimmerman 1948, 1978) and have dependent manner (Nafus 1993a), and headed ant (Pheidole megacephala) is become the dominant larval parasitoids theoretically is unlikely to directly present, native insects, including most even in intact, high-elevation, native cause extinction of a population or the moths, have been eliminated (Gagne´ forest areas of the Hawaiian Islands species, the availability of more 1979; Gillespie and Reimer 1993; (Howarth et al. 1994; Zimmerman abundant, alternate hosts (any other Perkins 1913). The big-headed ant 1948). These wasps lay their eggs within lepidopteran eggs) may allow for the generally does not occur at elevations the eggs or caterpillars of Lepidoptera. extirpation of Blackburn’s sphinx moth higher than 600 m (2,000 ft), and is also Upon hatching, the wasp larvae by this or other egg parasites as part of restricted by rainfall, rarely being found consume internal tissues, eventually a broader host base (Howarth 1991; in particularly dry (less than 35 to 50 killing the host. At least one species Nafus 1993b; Tothill et al. 1930). cm (15 to 20 in) annually) or wet (more established in Hawaii, Hyposeter Parasitic Flies than 250 cm (100 in) annually) areas exiguae, is known to attack the tobacco (Reimer et al. 1990). The big-headed ant hornworm and the related tomato Hawaii has no native parasitic flies in the family Tachinidae (Nishida 1997). is also known to be a predator of eggs hornworm in North America (Carlson Two species of tachinid flies, Lespesia and caterpillars of native Lepidoptera, 1979). This wasp is recorded from all of archippivora and Chaetogaedia and can completely exterminate the main islands except Kahoolawe and monticola, were purposefully populations (Zimmerman 1958). This Lanai (Nishida 1997) and is a recorded introduced to Hawaii for control of army ant occurs on all the major Hawaiian parasitoid of the lawn armyworm worms (Funasaki et al. 1988; Nishida Islands, including those currently (Spodoptera maurita) on tree tobacco on 1997). These flies lay their eggs inhabited by Blackburn’s sphinx moth Maui (Swezey 1927). Because of the externally on caterpillars, and upon and is a direct threat to these rarity of Blackburn’s sphinx moths, no hatching, the larvae burrow into the populations (Medeiros et al. 1993; documentation exists of alien braconid Nishida 1997; N. Reimer, pers. comm., host, attach to the inside surface of the and ichneumonid wasps parasitizing the cuticle, and consume the soft tissues 2001). species. However, given the abundance Several additional ant species (Etchegaray and Nishida 1975b). In and the breadth of available hosts of threaten the conservation of Blackburn’s North America, C. monticola is known these wasps, they are considered sphinx moth. The Argentine ant to attack at least 36 species of ´ (Linepithema humilis) has been reported significant threats to the moth (Gagne Lepidoptera in eight families, including from several islands including Maui, and Howarth 1985; Howarth 1983; sphinx moths; L. archippivora is known Kahoolawe, and Hawaii (A. Asquith, Howarth et al. 1994; F. Howarth, pers. to attack over 60 species of Lepidoptera Service, pers. comm., 1998; A. comm., 1994). in 13 families, including sphinx moths Medeiros, pers. comm. 1998; Nishida Small wasps in the family (Arnaud 1978). These species are on 1997). The long-legged ant (Anoplolepis Trichogrammatidae parasitize insect record as parasites of a variety of longipes) is reported from several eggs, with numerous adults sometimes Lepidoptera in Hawaii and are believed islands including Hawaii and Maui developing within a single host egg. The to depress populations of at least two (Hardy 1979). At least two species of fire taxonomy of this group is confusing, native species of moths (Lai 1988). Over ants, Solenopsis geminata and and it is unclear if Hawaii has any 40 percent of the caterpillars of the Solenopsis papuana, are also important native species (Nishida 1997, J. monarch butterfly (Danaus plexippus) threats (Gillespie and Reimer 1993; Beardsley, University of Hawaii, pers. on Oahu are parasitized by Lespesia Reagan 1986) and occur on many of the comm., 1994). Several alien species are archippivora (Etchegaray and Nishida major islands (Nishida 1997; Reimer et established in Hawaii (Nishida 1997), 1975a) and the introduction of a related al. 1990). Ochetellus glaber, a recently including Trichogramma minutum, species to Fiji resulted in the extinction reported ant introduction, occurs on which is known to attack the sweet of a native moth there (Howarth 1991; Maui, Hawaii, and Kahoolawe (A. potato hornworm in Hawaii (Fullaway Tothill et al. 1930). Both of these species Medeiros, pers. comm., 1998; Nishida and Krauss 1945). In 1929, the wasp occur on Maui and Hawaii (Nishida 1997; N. Reimer, pers. comm., 2001). Trichogramma chilonis was 1997) and are direct threats to the purposefully introduced into Hawaii as Blackburn’s sphinx moth. Parasitic Wasps a biological control agent for the Asiatic Based on the findings discussed Hawaii also has a limited fauna of rice borer (Chilo suppressalis) (Funasaki above, nonnative predatory and native Hymenoptera wasp species, with et al. 1988). This wasp parasitizes the parasitic insects are considered only two native species in the family eggs of a variety of Lepidoptera in important factors contributing to the Braconidae (Beardsley 1961), neither of Hawaii, including sphinx moths reduction in range and abundance of the which are known to parasitize (Funasaki et al. 1988). Williams (1947) Blackburn’s sphinx moth, and in Blackburn’s sphinx moth. In contrast, found 70 percent of the eggs of combination with habitat loss and

VerDate May<23>2002 19:42 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm12 PsN: 13JNP1 40638 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

fragmentation, are a serious threat to its augmentations of lepidopteran laboratory studies (Gonzalez and continued existence. Some of these parasitoids continues. Although the Gilstrap 1992; Roderick 1992) and the nonnative species were intentionally State of Hawaii requires new purposeful release or augmentation of introduced by the State of Hawaii’s introductions be reviewed before release any lepidopteran predator or parasitoid Department of Agriculture or other (Hawaii State Department of Agriculture is a potential threat to the conservation agricultural agencies (Funasaki et al. (HDOA) 1994), post-release biology and of the Blackburn’s sphinx moth (Gagne´ 1988) and importations and host range cannot be predicted from and Howarth 1985; Simberloff 1992).

TABLE 1.—SOME OF THE POTENTIAL NONNATIVE INSECT PREDATORS AND PARASITES OF BLACKBURN’S SPHINX MOTH

Major island(s) on which the spe- Major island(s) on which the Order/family Genus/species cies has been reported species has not been reported

Diptera Tachinidae ...... Chaetogaedia monticola ...... Hawaii, Kauai, Lanai, Maui, Kahoolawe. Molokai, Oahu. Diptera Tachinidae ...... Lespesia archippivora ...... Hawaii, Kauai, Maui, Molokai, Kahoolawe, Lanai. Oahu. Hymenoptera Formicidae ...... Anoplolepis longipes (long-legged Hawaii, Kauai, Maui, Oahu ...... Kahoolawe, Lanai, Molokai. ant). Hymenoptera Formicidae ...... Linepithema humilis (Argentine Hawaii, Kahoolawe, Kauai, Lanai, Molokai, Oahu. ant). Maui. Hymenoptera Formicidae ...... Ochetellus glaber ...... Hawaii, Kahoolawe, Kauai, Maui, Lanai, Molokai. Oahu. Hymenoptera Formicidae ...... Pheidole megacephala (big-head- Hawaii, Kahoolawe, Kauai, Lanai, ed ant). Maui, Molokai, Oahu. Hymenoptera Formicidae ...... Solenopsis geminita (fire ant spe- Hawaii, Kauai, Lanai, Maui, Kahoolawe. cies). Molokai, Oahu. Hymenoptera Formicidae ...... Solenopsis papuana (fire ant spe- Hawaii, Kauai, Lanai, Maui, Kahoolawe. cies). Molokai, Oahu. Hymenoptera Ichneumonidae ...... Hyposeter exiguae ...... Hawaii, Kauai, Maui, Molokai, Kahoolawe, Lanai. Oahu. Hymenoptera Trichogrammatidae .. Trichogramma chilonis ...... Kauai, Oahu ...... Hawaii, Maui, Kahoolawe, Lanai, Molokai. Hymenoptera Trichogrammatidae .. Trichogramma minutum ...... Hawaii, Lanai, Molokai, Oahu ...... Kauai, Kahoolawe, Maui.

As Table 1 above indicates, the result in the extirpation of local discontinued the designation of assemblage of potential alien predators populations. Wildfire and feral ungulate multiple categories of candidates, and and parasites on each island may differ. pressure on the moth’s habitat and the only those taxa meeting the definition of Furthermore, the arthropod community direct pressure of alien predators and former category 1 candidates are now may differ from area to area even on the parasites are important factors currently considered candidates for listing same island based upon elevation, reducing the moth’s range and purposes. In the February 28, 1996, temperature, prevailing wind pattern, abundance and threatening the species’ Notice of Review, we identified precipitation, or other factors (Nishida continued existence (Funasaki et al. Blackburn’s sphinx moth as a candidate 1997). Conserving and or restoring moth 1988). species (61 FR 7596). A proposed rule populations in multiple locations Previous Federal Action to list Blackburn’s sphinx moth as should decrease the likelihood that the endangered was published on April 2, effect of any single alien parasite or An initial comprehensive Notice of 1997 (62 FR 15640). In the September predator or combined pressure of such Review for Invertebrate Animals was 19, 1997, Notice of Review (62 FR species could result in the diminished published in the Federal Register on 49398), this species was included as vigor or extinction of the moth. May 22, 1984 (49 FR 21664). In this proposed for endangered status. Due to the threats discussed above, notice, we identified Blackburn’s sphinx we do not believe the existing habitats moth as a category 3A taxon. Category In the proposed listing rule, we containing Blackburn’s sphinx moth 3A taxa were those for which we had indicated designation of critical habitat populations are sufficient to ensure the persuasive evidence of extinction. We for the moth was not prudent because long-term survival of the species. A published an updated Notice of Review we believed a critical habitat diverse set of habitats and climates for animals on January 6, 1989 (54 FR designation would not provide any within its former range is necessary to 554). Although Blackburn’s sphinx additional benefit beyond that provided remove the long-term risk of range-wide moth had been rediscovered by 1985, in through listing as endangered. extinction of the species. Threats to the the 1989 Notice of Review, this taxon A final listing rule, listing the moth identified in the final listing rule was again identified as category 3A. In Blackburn’s sphinx moth as endangered, (65 FR 4770) include: vandalism and the next Notice of Review on November was published in the Federal Register collection, predation/parasitism by alien 15, 1994 (59 FR 58982), this species was on February 1, 2000 (65 FR 4770). In arthropods, and habitat alteration and reclassified as a category 1 candidate for that final rule, we determined that loss from nonnative plant and ungulate listing. Category 1 candidates were critical habitat designation for the moth invasion. Considering the rarity of the those taxa for which we had on file would be prudent, and we also moth, small population size is also sufficient information on biological indicated that we were not able to believed to be a factor that threatens the vulnerability and threats to support develop a proposed critical habitat long-term survival of the species since preparation of listing proposals. designation for the species at that time random population fluctuations and Beginning with our February 28, 1996, due to budgetary and workload catastrophic events are more likely to Notice of Review (61 FR 7596), we constraints.

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40639

On June 2, 2000, we were ordered by Critical habitat receives protection might be found to be essential if better the U.S. District Court for the District of under section 7 of the Act through the information became available, or what Hawaii (in Conservation Council for prohibition against destruction or areas may become essential over time. If Hawaii v. Babbitt, Civil No. 99–00603 adverse modification of critical habitat the information available at the time of SOM/BMK) to publish the final critical with regard to actions carried out, designation does not show that an area habitat designation for Blackburn’s funded, or authorized by a Federal provides essential life cycle needs of the sphinx moth by February 1, 2002. The agency. Section 7 also requires species, then the area should not be plaintiffs and the Service have entered consultation on Federal actions likely to included in the critical habitat into a consent decree stating that we affect critical habitat. Aside from the designation. will jointly seek an extension of this added protection that may be provided Our regulations state that, ‘‘The deadline (Center for Biological Diversity, under section 7, the Act does not Secretary shall designate as critical et al. v. Norton, Civ. No. 01–2063 (JR) provide other forms of protection to habitat areas outside the geographic area (D.D.C.); October 2, 2001). This lands designated as critical habitat. presently occupied by the species only proposed rule is in response to these Because consultation under section 7 of when a designation limited to its requirements. the Act does not apply to activities on present range would be inadequate to On January 5, 2001, we mailed pre- private or other non-Federal lands ensure the conservation of the species’’ proposal notification letters to 45 which do not involve a Federal nexus, (50 CFR 424.12(e)). Accordingly, when interested parties informing them that critical habitat designation would not the best available scientific and the Service was in the process of afford any additional regulatory commercial data do not demonstrate designating critical habitat for the protections under the Act against such that the conservation needs of the Blackburn’s sphinx moth and requesting activities. species require designation of critical from them information on management Critical habitat also provides non- habitat outside of occupied areas, we of lands that currently or recently regulatory benefits to the species by will not designate critical habitat in informing the public and private sectors areas outside the geographic area (within the past 25 years) supported the of areas important for species recovery occupied by the species. Blackburn’s sphinx moth. The letters and where conservation actions would Section 4(b)(2) of the Act requires that contained a fact sheet describing the be most effective. Designation of critical we take into consideration the economic Blackburn’s sphinx moth and critical habitat can help focus conservation impact, and any other relevant impact, habitat and a questionnaire designed to activities for a listed species by of specifying any particular area as gather information about land identifying areas containing the critical habitat. We may exclude areas management practices, which we physical and biological features from critical habitat designation when requested be returned to us by February essential for conservation of that the benefits of exclusion outweigh the 1, 2001. We received 18 responses to species, and can alert the public as well benefits of including the areas within our interested parties mailing. as land-managing agencies to the critical habitat, provided the exclusion Additionally, we met with several importance of those areas. Critical will not result in extinction of the researchers and land managers to obtain habitat also identifies areas that may species. more specific information on require special management Our Policy on Information Standards management activities and suitability of considerations or protection, and may Under the Act, published in the Federal certain habitat areas for the Blackburn’s help provide protection to areas where Register on July 1, 1994 (59 FR 34271), sphinx moth. The responses to our significant threats to the species have identifies criteria, establishes notification letters and meetings been identified or help to avoid procedures, and provides guidance to included information on current land accidental damage to such areas. ensure that decisions made by the management activities, detailed To be included in a critical habitat Service represent the best scientific and management plans, new locality designation, the habitat must first be commercial data available. It requires information for adult and larval moths, ‘‘essential to the conservation of the Service biologists, to the extent and new locality information for the species.’’ Critical habitat designations consistent with the Act and with the use Blackburn’s sphinx moth’s host plants. identify, to the extent known using the of the best scientific and commercial Critical Habitat best scientific and commercial data data available, to use primary and available, habitat areas that provide original sources of information as the Critical habitat is defined in section 3 essential life cycle needs of the species basis for recommendations to designate of the Act as—(i) the specific areas (i.e., areas on which are found the critical habitat. When determining within the geographic area occupied by primary constituent elements, as which areas are critical habitat, a a species, at the time it is listed in defined at 50 CFR 424.12(b)). primary source of information is the accordance with the Act, on which are Section 4 requires that we designate listing package for the species. found those physical or biological critical habitat based on what we know Additional information may be obtained features (I) essential to the conservation at the time of the designation. When we from a recovery plan, articles in peer- of the species and (II) that may require designate critical habitat at the time of reviewed journals, conservation plans special management considerations or listing or under court-ordered deadlines, developed by States and counties, protection; and (ii) specific areas we will often not have sufficient scientific status surveys and studies, outside the geographic area occupied by information to identify all areas of biological assessments, unpublished a species at the time it is listed, upon critical habitat. We are required, materials, and expert opinion or determination that such areas are nevertheless, to make a decision and, personal knowledge. essential for the conservation of the thus, must base our designations on the Habitat is often dynamic, and species species. ‘‘Conservation’’ means the use best information available we have at may move from one area to another over of all methods and procedures that are that time. time. Furthermore, because of the necessary to bring an endangered Within the geographic area occupied information available to us at the time species or a threatened species to the by the species, we will designate only of designation, we recognize that point at which listing under the Act is areas currently known to be essential. designation of critical habitat may not no longer necessary. We will not speculate about what areas include all of the habitat areas that may

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40640 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

eventually be determined to be management activities. The Kahoolawe scent production (Haber and Frankie necessary for the conservation of the Island Reserve Commission provided 1989). Fecundity was unknown, but species. For these reasons, critical new information on the moth’s range, as estimated in the hundreds if the female habitat designations do not signal that well as management activities for the can feed freely. habitat outside the designation is management and restoration of Particularly helpful in understanding unimportant or may not be required for Kahoolawe. Researchers with the the conservation needs of sphingids is recovery. Areas outside the critical Biological Resource Division of the U.S. Janzen’s description of the adult moth habitat designation will continue to be Geological Survey, the National biological characteristics, including that subject to conservation actions that may Tropical Botanical garden, and the they have large latitudinal ranges, feed be implemented under section 7(a)(1) of Hawaii Natural Heritage Program heavily over a long period of time and the Act, and to the regulatory provided information concerning the extensively at spatially particulate protections afforded by the section distribution of the moth and its host resources relatively fixed in location 7(a)(2) jeopardy standard and the take plants. Additional information was (i.e., they feed on specific resources prohibitions of section 9 of the Act, as received from the Hawaii Army spread throughout the landscape), live determined on the basis of the best National Guard (HIARNG) and the for weeks to months, lay few eggs per available information at the time of the Hawaii Department of Agriculture night, probably oviposit (deposit eggs) action. Federally funded or assisted (HDOA). on many host plant individuals and projects affecting listed species outside The Blackburn’s sphinx moth is short- repeatedly visit many of them, have less their designated critical habitat areas lived, extremely mobile, and rare; hence synchronous eclosion (emergence from could still result in jeopardy findings in population densities are not easily the pupa) during the rainy season than some cases. Similarly, critical habitat determined (Janzen 1984; A. Medeiros, other moths, migrate, and are highly designations made on the basis of the pers comm., 1998; Roderick and mobile, repeatedly returning to the same best available information at the time of Gillespie 1997; Van Gelder and Conant food plants. In another study of designation will not control the 1998). Even if the threats responsible for sphingids, adults were reported to travel direction and substance of future the decline of the moth were controlled, greater distances to pollinate and visit recovery plans, habitat conservation the persistence of existing populations flowers than those distances traveled by plans, or other species conservation is hampered by the small number of other insect pollinators or even planning efforts if new information extant populations and the small hummingbirds (Linhart and Mendenhall available to these planning efforts calls number of individuals in known 1977). for a different outcome. populations. This circumstance makes Sphingid caterpillars are known to the moth more vulnerable to extinction feed heavily over a long time period and Methods due to a variety of natural processes. eat limited types of foliage, typically To identify and map areas essential to Small populations are particularly plants rich in toxic small molecules the conservation of the Blackburn’s vulnerable to reduced reproductive (e.g., in the family Solanaceae). They sphinx moth, we evaluated areas that vigor caused by inbreeding depression, also have less synchronous eclosion contain dry and mesic habitats as well and they may suffer a loss of genetic (emergence from the pupa) than other as data on known moth occurrence. The variability over time due to random moths. Since sphingids search widely best scientific information available was genetic drift, resulting in decreased for local good conditions, Janzen analyzed, including peer-reviewed evolutionary potential and ability to concluded that isolated habitats may scientific publications; unpublished cope with environmental change ( IUCN have difficulty supporting sphingid reports by researchers; the rule listing 1994; Lande 1988). Small populations populations (i.e., connectivity between the species (65 FR 4770); the are also demographically vulnerable to habitat areas is necessary to support Blackburn’s sphinx moth Recovery extinction caused by random wide-ranging sphingid species). Outline (Service 2000a); the Hawaii fluctuations in population size and sex Ehrlich and Murphy (1987) noted Natural Heritage Program (HHP) ratio and to catastrophes such as populations of herbivorous insects such database; field trip reports in our Pacific hurricanes (Lande 1988). We believe the as lepidopterans are often regulated by Islands Fish and Wildlife Office files; existing Blackburn’s sphinx moth environmental factors, such as weather and responses to our moth critical populations on Kahoolawe, Hawaii, and conditions, and thus small populations habitat outreach package mailed to Maui are insufficient to ensure the long- can be particularly at risk of extinction. Federal, State, private land managers, term survival of the species. Re- Ehrlich and Murphy identified a and other interested parties. establishing the species to a diverse set number of principles important for the Information that we received in of habitats and climates within its conservation of herbivorous insects. response to our pre-proposal outreach former range is necessary to remove the First, in most cases, a series of diverse efforts was very helpful in developing long-term risk of range-wide extinction demographic units will typically be this proposed critical habitat of the species due to catastrophic events needed to conserve a species. Second, designation. Researchers at the Bishop and the numerous direct threats to the where possible, corridors among the Museum provided new information species and its habitat (Service 1997). sites should be established to promote about the moth’s range and the potential Janzen (1984) described the re-colonizations in areas where the effects of nonnative predators and characteristics of tropical sphingid species once occurred. Lastly, they parasites. The Hawaii Division of moths found in a Costa Rican National noted that when populations are very Forestry of Wildlife provided new Park. In general, adult sphingids are sensitive to environmental changes and information about the biology and nocturnal or crepuscular (dusk-flying) limited information is available on the distribution of the host plants, new and regularly drink with a long species population biology, it is easy to moth observation records, and proboscis from many kinds of underestimate the conservation needs of information on the management sphingophilous flowers while hovering such insects. activities for State lands. The State in front of them. Sphingophilus flowers Murphy et al. (1990) also noted that Natural Area Reserve Commission are characterized by lightly-colored, reviews of butterfly population ecology provided new information about the tubular corollas, evening athesis demonstrate that environmental factors moth’s biology and information on (opening), and nocturnal nectar and play important roles in determining

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40641

butterfly population dynamics. They combined pressure of such species Due to the species’ presently reduced stated that most documented population could result in the diminished vigor or range, the Blackburn’s sphinx moth is extinctions have resulted from habitat extinction of the moth. now more susceptible to the variations deterioration combined with extreme Molokai is an example of essential and weather fluctuations affecting weather events. Decreases in the quality habitat because it provides for the quality and quantity of available habitat or abundance of larval host plants and expansion of the species’ range and for and food. Furthermore, the moth is now adult nectar sources are caused by improved connectivity of the different more susceptible to direct pressure from changes in plant community populations. While the proposed unit numerous nonnative insect predators composition, particularly changes on this island is not known to currently and parasites. For these reasons and the associated with succession, disturbance, harbor a moth population, preserving reasons discussed above, those areas and grazing regimes. But, because many this habitat is important because some currently occupied would be inadequate butterfly species are especially sensitive threats to the species are absent there to ensure the conservation of the to thermal conditions, habitat changes (Table 1 shows several of the potential species, and we have proposed to which disrupt microclimatic regimes moth predators and parasites are not designate eight units on four islands. can cause habitat deterioration without reported on this island). Likewise, We are developing a draft recovery elimination of plant resources. Ehrlich because of Molokai’s distance from plan for this species. The overall and Murphy (1987) noted several islands currently inhabited by the moth, objective of this recovery plan will be to patterns within typical butterfly we believe proposed critical habitat on ensure the species’ long-term populations: a number of this island will be extremely important conservation and identify research subpopulations within a given species for the species’ conservation as it would necessary so the moth can be metapopulation are often extirpated and help to protect the species from reclassified to threatened and ultimately later re-colonized; and a given species extinction by catastrophic events, which removed from the lists of endangered may not be present in many of its could impact other more closely and threatened species. Because a habitat remnants, including within grouped populations (e.g., those on the recovery plan for the moth has not yet those containing the highest host plant Maui or on the island of Hawaii). For been completed, in making this diversity. these reasons, we find that inclusion of determination we evaluated the an area such as on Molokai, identified remaining potential habitat, the Section 3(5)(A)(i) of the Act provides as containing the primary constituent biological and life history characteristics that areas outside the geographical area elements is essential to the conservation of the moth, and the best available currently occupied by the species may of the species even if it does not scientific information on conservation meet the definition of critical habitat currently contain known moth planning to obtain what we currently upon determination that they are populations. believe will be required to ensure viable essential for the conservation of the The critical habitat unit approach in populations of this species. However, if species. Although our knowledge of the this proposed rule addresses the after completing the recovery planning moth’s historical range is incomplete, numerous risks to the long-term survival process, should our understanding of we believe the existing natural habitats and conservation of Blackburn’s sphinx what areas support essential features for needed to support viable populations of moth by employing two widely the conservation of the moth change, to the moth are too small, isolated, and recognized and scientifically accepted the extent our resources and other seriously threatened to ensure its long- methods for promoting viable duties will allow, we would revise any term protection or conservation, populations of imperiled species—(1) existing critical habitat designation particularly in light of the foraging Creation or maintenance of multiple accordingly. needs of adult sphingid moths (Janzen populations to reduce the threat of a 1984) and the apparent wide-ranging single or series of catastrophic events Primary Constituent Elements Blackburn’s sphinx moth foraging habits extirpating the species; and (2) In accordance with section 3(5)(A)(i) (HHP 2000; F. Duvall, pers. comm., increasing the size of each population in of the Act and regulations at 50 CFR 2001; B. Gagne´, pers. comm., 2001; D. the respective critical habitat units to a 424.12(b), in determining which areas to Hopper, in litt., 2000, 2002). Long-term level where the threats of genetic, designate as critical habitat, we must conservation of the species will require demographic, and normal consider those physical and biological the protection and subsequent environmental uncertainties are features essential to the conservation of restoration of additional and larger areas diminished (Meffe and Carroll 1996; the species, and which may require of dry and mesic habitat that includes Service 1997; Tear et al. 1995). special management considerations and the larval and adult primary constituent In general, the larger the number of protection. These include, but are not elements at different elevational and populations and the larger the size of limited to, space for individual and rainfall gradients to improve the each population, the lower the population growth and for normal likelihood of successful larval probability of extinction (Meffe and behavior; food, water, or other development and adult moth foraging Carroll 1996; Raup 1991). This basic nutritional or physiological (A. Medeiros, pers. comm., 1998; conservation principle of redundancy requirements; cover or shelter; and sites Roderick and Gillespie 1997; Van applies to Blackburn’s sphinx moth. By for breeding, reproduction, or egg Gelder and Conant 1998). The long-term maintaining viable populations in the laying. To the extent possible, these persistence of the existing populations proposed critical habitat units, the biological and physical elements, also would improve if they could be threats represented by a fluctuating known as primary constituent elements increased in size and if the connectivity environment are reduced and the are, to be described with the critical among the populations was enhanced, species has a greater likelihood of habitat designation. thus promoting dispersal of individuals achieving long-term survival and The primary constituent elements for across intervening lands, and conservation. Conversely, loss of a the Blackburn’s sphinx moth include conserving and restoring moth Blackburn’s sphinx moth critical habitat specific habitat components identified populations in multiple locations would unit will result in an appreciable as essential for the primary biological decrease the likelihood that the effect of increase in the risk that the species may needs of foraging, sheltering, any single alien parasite or predator or not recover and survive. maturation, dispersal, breeding, and egg

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40642 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

laying, and are organized by life cycle vulnerability to drought conditions many kilometers from one area to stage. The primary constituent elements suggests that its water content another, areas of larval or adult presence required by the Blackburn’s sphinx frequently may not be suitable for and feeding may be separated from moth larvae for foraging, sheltering, optimal growth of Blackburn’s sphinx similar habitat areas and still serve maturation, and dispersal are the two moth larvae. important functions in maintaining documented host plant species within The restoration of native host species moth populations. the endemic Nothocestrum genus (N. for the moth and other endangered Some small habitat areas are also latifolium and N. breviflorum) and the species may also require the control or suitable for Blackburn’s sphinx moth dry and mesic habitats between the elimination of nonnative vegetation. larvae (e.g., Unit 3 and Units 5a and 5b elevations of sea level and 1,525 m Additionally, unlike the Nothocestrum discussed below) and are critical for the (5,000 ft) and receiving between 25 and species, Nicotiana glauca is more likely conservation of the moth since such 250 cm (10 and 100 in) of annual to occur in habitats less suitable due to habitats may facilitate adult moth precipitation which currently support or their occupation by alien insect dispersal and promote genetic exchange historically have supported these plants. predators (D. Hopper, Service, in litt., between populations located on The primary constituent elements 2000, 2002; Symon 1999). Therefore, in different islands. These areas also required by Blackburn’s sphinx moth comparison with Nicotiana glauca, the provide nectar resources and sheltering adults for foraging, sheltering, dispersal, native Nothocestrum species better opportunities required by the adult breeding, and egg production are native, fulfill the primary biological needs of moth. As discussed earlier, small, nectar-supplying plants, including but the moth larvae. For all of these reasons, geographically isolated populations may not limited to Ipomoea indica (and we are not considering Nicotiana glauca be subject to decreased viability caused other species within the genus as a primary constituent element for the by inbreeding depression, reductions in Ipomoea), Capparis sandwichiana, and designation of critical habitat at this effective population size due to random Plumbago zeylanica and the dry to time. variation in sex ratio, and limited capacity to evolve in response to mesic habitats between the elevations of Criteria Used To Identify Critical environmental change (Soule´ 1987). sea level and 1,525 m (5,000 ft) and Habitat receiving between 25 and 250 cm (10 Blackburn’s sphinx moth populations and 100 in) of annual precipitation We used several criteria to identify fluctuate from year to year and season which currently support or historically and select lands proposed for to season, apparently correlated with have supported these plants. designation as critical habitat. We began environmental and climatic variation. Both the larval and adult food plants with all areas that we believe are The moth is likely sensitive to thermal are found in undeveloped areas currently occupied by the moth. We conditions and habitat changes which supporting mesic and dry habitats, then added other unoccupied lands disrupt its micro-climatic requirements. typically receiving less than 250 cm containing the primary constituent Therefore, proposed critical habitat (100 in) of rain per year and are located elements that are needed for boundaries include dry and mesic between the elevations of sea level and conservation of the species. As habitats containing the primary 1,525 m (5,000 ft). Vegetative discussed in the Methods section, in constituent elements along wide communities in these areas include deciding which unoccupied areas were elevational gradients to better ensure native plants, and in some instances, needed for conservation we based our adult moth foraging needs up and introduced plant species (A. Medeiros, decision on the amount of available downslope within its range. pers. comm., 1998; Roderick and habitat remaining that could potentially Furthermore, the boundaries include Gillespie 1997; Van Gelder and Conant support the moth, the biology of the elevational gradients to better ensure 1998). moth, and information gained from the larval host plant availability during Although Blackburn’s sphinx moth conservation of other herbivorous periods of drought. The growth rates of larvae feed on the nonnative Nicotiana insects. We gave preference to lands larvae for many closely related sphingid glauca, we do not consider this plant to that—(a) are known to contain largely species are reported to decrease when be a primary constituent element for the intact assemblages of the host plant their host plants lack suitable water designation of critical habitat. As communities, and (b) form contiguous, content. In fact, suitable host plant previously discussed, the native relatively large areas of suitable habitat. water content can improve the later Nothocestrum species are more stable Regular flight distances of sphingids fecundity of the adult stage (Murugan and persistent components of dry to in Central America may be greater than and George 1992). It is believed mesic forest habitats than the Nicotiana 10 km (6.2 mi) (Janzen 1984), and given numerous habitat elevations, containing glauca. Nicotiana glauca is a short-lived the large size and strong flight the various primary constituent species that may disappear from areas capabilities of the Blackburn’s sphinx elements, are necessary for successful during prolonged drought (A. Medeiros, moth, the species is believed to use conservation of the species (Ehrlich and pers. comm., 1998) or during large areas of habitat. Therefore, moth Murphy 1987; Murphy and Weiss 1988; successional changes in the plant population linkages will likely be Murphy et al. 1990; Shaffer 1987) to community (F. Howarth, pers. comm., enhanced if designated habitat occurs in minimize the effects of annual localized 2001; Symon 1999). Many studies have large contiguous blocks or within a drought conditions throughout different shown that insects, and particularly matrix of undeveloped habitat (McIntyre areas of the species’ host plant range lepidopteran larvae, consume more food and Barrett 1992; A. Medeiros, pers. (Murugan and George 1992). when the food has a relatively high comm., 1998; S. Montgomery, pers. Many sphingid studies have shown water content (Murugan and George comm., 2001; Roderick and Gillespie that air temperature restricts adult 1992). Relative consumption rate and 1997; Van Gelder and Conant 1998). To feeding activity above a certain growth have been reported to decrease the extent possible with the limited temperature (usually 30 degrees Celsius) for many sphingids (closely related to potential habitat remaining, we have (Herrera 1992). This highlights the the Blackburn’s sphinx moth) when attempted to account for the wide- importance of protecting sufficiently raised on host plants or diets with a ranging behavior of the moth. Since the large habitat areas throughout the relatively low water content (Murugan Blackburn’s sphinx moth is believed to Blackburn’s sphinx moth range to and George 1992). Nicotiana glauca’s be a strong flier and is able to move ensure nectar resource availability as

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40643

temperatures change within the habitat also proposed to promote genetic species, (see Table 1) will enhance range seasonally, during the night, and variability in the moth population, population expansion and connectivity, along elevational gradients. Increasing contributing to the long-term thereby improving the likelihood of the the potential for adult dispersal will persistence and conservation of the species’ conservation. help to alleviate many threats, thus, species. These areas will serve as The areas we are proposing to habitat which provides the primary stepping stones or corridors for designate as critical habitat provide constituent elements associated with dispersing adult moths or as overflow some or all of the known primary adult dispersal and feeding is essential habitat during particularly fecund years, constituent elements for this species. to the conservation of the Blackburn’s which could be very important to the These areas are on the islands of sphinx moth. integrity of moth populations. For Hawaii, Kahoolawe, Maui, and Molokai Critical habitat is proposed on those example, adult moths observed at between the elevations of sea level to Hawaiian Islands where the Blackburn’s Ahihi-Kinau NAR (Unit 1) on Maui may 1,525 m (5,000 ft) within dry to mesic sphinx moth’s primary constituent have originated from larval host plants shrub lands or forests containing one or elements considered essential for the located in the Kanaio NAR (also Unit 1), more populations of the adult host conservation of the species are known to or moths seen in Kailua-Kona (Units 5– plants, or one or more populations of occur. This will allow the species the A and 5–B) from Puuwaawaa (Unit 6). Nothocestrum latifolium or N. ability to persist and re-colonize areas The Blackburn’s sphinx moth breviflorum. Proposed critical habitat where it has become extirpated due to populations inhabiting these smaller boundaries include aggregations of catastrophic events or demographic habitat areas appear to be taking native host plant habitat for both larvae stochasticity (randomness) (Shaffer advantage of lower elevation adult and adults, and encompass the areas 1987). For example, on the island of native host plants and nonnative host and flight corridors believed necessary Kauai in 1992, Hurricane Iniki blew plants such as tree tobacco upon which to sustain moth populations. over large areas of native forest leaving the larval stage is completed In summary, the long-term survival open areas where nonnative plants successfully. In addition, these small and recovery of the Blackburn’s sphinx became established and created paths habitat areas may be able to support moth requires the designation of eight for further invasion of nonnative persistent moth populations critical habitat units on four of the main animals, both of which have been independent of the reservoir areas, Hawaiian Islands. One of these habitat identified as threats to the survival of significantly contributing to units is currently not known to be the moth. conservation of the species. occupied by the Blackburn’s sphinx Small habitats tend to support small moth. To recover the species, it will be populations, which frequently are Natural areas of suitable native, dry to necessary to conserve suitable habitat in extirpated by events that are part of mesic habitat containing at least one this unoccupied unit, which in turn will normal environmental variation. The Nothocestrum plant adjacent or near allow for the establishment of an continued existence of such satellite other Nothocestrum populations are additional Blackburn’s sphinx moth populations requires the presence of one included in the proposed critical habitat population(s) through natural or more large reservoir populations, units. We have included suitable habitat recruitment or managed re- which may provide colonists to smaller, without Nothocestrum larval host introductions. Establishment of this outlying habitat patches (Ehrlich and plants, provided it contained the adult additional moth population(s) will Murphy 1987). Based on recent field primary constituent elements, including increase the likelihood that the species observations of the moth, we believe the but not limited to Ipomoea species, will survive and recover in the face of species likely occurs within two Capparis sandwichiana, or Plumbago normal and random events (e.g., regional populations on separate zeylanica. This is especially true for hurricanes, fire, alien species islands, one centered in the Kanaio area areas lying between or adjacent to large introductions, etc.) (Mangel and Tier of leeward East Maui (Unit 1—see populations of Nothocestrum species 1994; Pimm et al. 1998; Stacy and Taper Proposed Critical Habitat Designation, and which could serve as a flight 1992). below), and one centered near corridor or ‘‘stepping stone’’ to other The lack of scientific data on Puuwaawaa (Unit 6) of Hawaii Island, larger host plant habitat areas. An area Blackburn’s sphinx moth life history north of Kailua-Kona (F. Howarth, pers. may also serve as a stepping stone when makes it impossible for us to develop a comm., 2001; A. Medeiros, pers. comm., it contains adult native host plants quantitative model (e.g., population 1998). Both of these two areas contain thereby providing foraging viability analysis (NRC 1995)) to populations of the moth regarded as opportunities for adults. Areas with identify the optimal number, size, and probable source areas or ‘‘reservoirs’’ larval nonnative host plants (e.g., Unit location of critical habitat units (Murphy et al. 1990) for dispersing or 3 on Maui and Unit 4 on Kahoolawe) (Bessinger and Westphal 1998; Ginzburg colonizing moth adults. We are also may also serve as areas for population et al. 1990; Karieva and Wennergren proposing areas (e.g., Auwahi Forest expansion during especially wet years 1995; Menges 1990; Murphy et al. 1990; and portions of Ulupalukua Ranch, both when the nonnative larval host plants Taylor 1995). At this time, we are only within Unit 1; and Unit 4 on experience rapid growth. Natural areas able to conclude that the current size Kahoolawe) that are large, mixed-quality of primarily native vegetation and distribution of the extant habitat patches containing the primary containing the larval or adult stage populations are not sufficient to expect constituent elements and located within primary constituent elements and where a reasonable probability of the several kilometers of the two potential habitat could support a moth population Blackburn’s sphinx moth’s long-term reservoir populations. Because of their and increase the potential for survival and recovery. Therefore, we current occupancy and their proximity conservation are also proposed to be used the best available information, to larger populations, it appears likely designated as critical habitat. The including scientific opinion and that they will be the areas most rapidly designation and protection of a unit not professional judgement of non-Service re-colonized by the moth after potential known to currently contain a moth scientists, to identify as critical habitat extirpations. population (i.e., the unit on Molokai), a reasonable number of additional units. The designation of small habitat areas but which contains the PCE’s and lacks Conservation of more than eight units close to the two large reservoir areas is some of the serious threats to the could further increase the probability

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40644 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

that the species will survive and and eventual recovery, even with the Proposed Critical Habitat Designation recover; however, establishing and high potential that one or more of these conserving viable moth populations on subpopulations will be temporarily lost The approximate area encompassing a total of eight discrete units on four as a result of normal or random adverse the proposed designation of critical islands will provide the species with a events (Mangel and Tier 1994; Pimm et habitat by island and landownership is reasonable expectation of persistence al. 1998; Stacey and Taper 1992). shown in Table 2.

TABLE 2.—APPROXIMATE PROPOSED CRITICAL HABITAT FOR THE BLACKBURN’S SPHINX MOTH IN HECTARES (ha) (ACRES (ac)) BY ISLAND AND LAND OWNERSHIP (AREA ESTIMATES REFLECT CRITICAL HABITAT UNIT BOUNDARIES, NOT PRI- MARY CONSTITUENT ELEMENTS WITHIN)

Critical habitat unit Island State Federal Private Total

1. Ahihi-Kinau NAR—Ulupalakua— Maui ...... 11,504 ha ...... 1 ha ...... 4,161 ha ...... 15,216 ha Auwahi—Kanaio Maui Meta Unit. 27,316 ac ...... 2 ac ...... 10,281 ac ...... 37,599 ac 2. Puu O Kali Unit ...... Maui ...... 1,791 ha ...... 0 ha ...... 959 ha ...... 2,750 ha 4,425 ac ...... 0 ac ...... 2,369 ac ...... 6,794 ac 3. Kanaha Pond—Spreckelsville Unit Maui ...... 213 ha ...... 0 ha ...... 13 ha ...... 226 ha 527 ac ...... 0 ac ...... 31 ac ...... 559 ac 4. Upper Kahoolawe Unit ...... Kahoolawe ...... 1,878 ha ...... 0 ha ...... 0 ha ...... 1,878 ha 4,641 ac ...... 0 ac ...... 0 ac ...... 4,641 ac 5–A. Kailua-Kona Unit A ...... Hawaii ...... 6 ha ...... 0 ha ...... 119 ha ...... 125 ha 15 ac ...... 0 ac ...... 294 ac ...... 309 ac 5–B. Kailua-Kona Unit B ...... Hawaii ...... 105 ha ...... 0 ha ...... 0 ha ...... 105 ha 258 ac ...... 0 ac ...... 0 ac ...... 258 ac 6. Puuwaawaa—Hualalai Meta Unit ... Hawaii ...... 12,847 ha ...... 0 ha ...... 5,264 ha ...... 18,111 ha 31,746 ac ...... 0 ac ...... 13,007 ac ...... 44,753 ac 7. Kamoko Flats—Puukolekole Unit ... Molokai ...... 551 ha ...... 0 ha ...... 1,278 ha ...... 1,829 ha 1,362 ac ...... 0 ac ...... 3,158 ac ...... 4,520 ac

Total ...... 28,445 ha ...... 1 ha ...... 11,794 ha ...... 40,240 ha 70,290 ac ...... 2 ac ...... 29,140 ac ...... 99,433 ac

The areas we are proposing to Haleakala. The unit is bounded on the by pasture lands, to the east by the designate as critical habitat currently northeast by the 1,525 m (5,000 ft) lower slopes of Haleakala below the area provide some or all of the habitat elevation contour of Haleakala Volcano, of Kula, and on the west by the coastal components necessary to meet the to the south by the ocean, to the east by town of Kihei. Natural features within primary biological needs of the the dry coast and slopes toward Kaupo the unit include widely spread, remnant Blackburn’s sphinx moth. Lands Gap, and on the west by the Haleakala dry forest communities, rugged aa lava designated are under Federal, private, Southwest Ridge. Natural features flows, and numerous cindercones and State ownership. Lands proposed as within the unit include widely spread, including the highly visible, Puu O Kali. critical habitat have been divided into remnant dry forest communities, rocky Vegetation consists primarily of mixed- eight critical habitat units. coastline, numerous cindercones, and species mesic, and dry forest We are proposing to designate critical some of the most recent lava flows on communities composed of native and habitat on lands considered essential to Maui. Vegetation consists primarily of introduced plants, with smaller the conservation of the moth. mixed-species mesic, and dry forest amounts of dry coastal shrub land (HHP Conserving the moth includes the need communities composed of native and 1993). This unit is essential to the to re-establish historic and possibly, introduced plants, with smaller species’ conservation because it extirpated populations of Blackburn’s amounts of dry coastal shrub land (HHP contains native nectar-supplying plants sphinx moth to areas within one of the 1993). for adult, and areas within this unit critical habitat units, which represent a This unit contains what is probably provide temporary (ephemeral) habitat range of habitat and climate conditions the largest, extant moth population or for migrating Blackburn’s sphinx moths. within the moth’s former range. Re- meta-population. This unit is essential Unit 3: Kanaha Pond—Spreckelsville establishing the species to a diverse set to the species’ conservation because it Unit (Maui) of habitats and climates containing the contains native (Nothocestrum primary constituent elements is latifolium) and other nectar-supplying Unit 3 consists of approximately 226 necessary to reduce the long-term risk of plants for adult moths. In addition to ha (559 ac) encompassing portions of range-wide extinction of the species providing essential habitat for the Maui the Kahului coastland and the Kanaha (Service 1997). meta-population, areas within this unit Pond State Sanctuary on Maui. It is A brief description of each unit, and provides temporary (ephemeral) habitat bounded on the south by the Kahului reasons for proposing to designate it as for migrating Blackburn’s sphinx moths. Airport, on the north by the ocean, on critical habitat are presented below. the east by sugarcane fields, and to the Unit 2: Puu O Kali Unit (Maui) west by the town of Kahului. Natural Unit 1: Ahihi-Kinau NAR— Unit 2 consists of approximately features within the unit include Kanaha Ulupalakua—Auwahi—Kanaio Unit 2,750 ha (6,794 ac) encompassing Pond and remnant coastal dune (Maui) portions of the leeward slope of communities. Vegetation consists Unit 1 consists of approximately Haleakala, and adjacent portions of the primarily of mixed-species, dry coastal 15,216 ha (37,599 ac) encompassing upper, southeast isthmus. The unit is shrub land communities composed of portions of the leeward slope of bounded on the north and to the south native and introduced plants, including

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40645

nonnative larval host plants (HHP Unit 5–A and Unit 5–B: Kailua-Kona habitat in large contiguous blocks or 2000). Unit (Hawaii) within a matrix of undeveloped habitat Although devoid of naturally Units 5–A and 5–B consists of (McIntyre and Barrett 1992; A. occurring Nothocestrum spp., the unit approximately 230 ha (567 ac) Medeiros, pers. comm., 1998; S. Montgomery, pers. comm., 2001; contains adult moth primary constituent encompassing portions of rugged Roderick and Gillespie 1997; Van elements, and recent observations of lowland forest within the boundary of Gelder and Conant 1998). both larvae and adults have been the Kailua-Kona township on the island documented in the Kanaha- of Hawaii. They are bounded on the Unit 7: Kamoko Flats—Puukolekole Spreckelsville area. This unit is also south by Kailua-Kona town, on the Unit (Molokai) considered essential to the species’ north by rugged lava flows, to the west Unit 7 consists of approximately conservation because evidence indicates by coastal nonnative plant communities, 1,829 ha (4,520 ac) encompassing that it provides refuge for moths and to the east by residential housing portions of the higher, yet drier portions dispersing to other larger areas. Because areas. Natural features within the units of east Molokai. It is bounded on the it is a State Wildlife Sanctuary, the include rugged lava flows. Vegetation north by wet forests, to the south by Kanaha Pond portion of this unit is consists primarily of mixed-species drier coastland, to the east by rugged, currently managed to benefit resident mesic, and dry forest communities dry gullies and valleys, and to the west native species and should benefit the composed of native and introduced by dry to mesic, lowland forest. Natural moth and its host plants to some extent plants, with smaller amounts of dry features within the unit include (F. Duvall, DoFAW, in litt. 2001). coastal shrubland (HHP 2000). These numerous forested ridges and gullies. Although this area is lower in elevation units contains the endangered larval Vegetation consists primarily of mixed- than areas containing Nothocestrum and host plant, N. breviflorum. Adult and species mesic, and dry forest associated species, the persistent larval moth sightings have been communities composed of native and occurrence of Blackburn’s sphinx moth documented within these units. In introduced plants (HHP 2000). addition to providing habitat for this in this area suggests this site plays an This unit is part of the historical range moth population, lands proposed for important role in moth population of the moth. This unit is not known to designation in Units 5–A and 5–B will dynamics. currently contain a moth population, provide refugia for moths migrating to but it does contain native Nothocestrum Unit 4: Upper Kahoolawe Unit other areas of existing suitable host host plants, including N. longifolium (Kahoolawe) plant habitat. and N. latifolium (Wood 2001a) as well as adult native host plants. Because the Unit 4 consists of approximately Unit 6: Puuwaawaa—Hualalai Meta- Unit (Hawaii) Molokai unit contains both larval and 1,878 ha (4,641 ac), encompassing adult native host plants and is in close portions of the upper elevational Unit 6 consists of approximately proximity to the large Maui population, contour of Kahoolawe, approximately 18,111 ha (44,753 ac) encompassing this unit is essential for Blackburn’s above 305 m (1,000 ft) in elevation. portions of the flows and northwest sphinx moth conservation because it Kahoolawe is located approximately 11 slopes of the Hualalai volcano on the would allow the species to expand into km (6.7 mi) south of Maui Island and is island of Hawaii. It is bounded on the an area formerly part of its historical approximately 11,655 ha (28,800 ac) in south by the Kailua-Kona region and range and in very close proximity to its total land area. Natural features within large expanses of barren lava flows, on current range on the island of Maui. the unit include the main caldera, Lua the north by Parker Ranch and large Furthermore, it may facilitate dispersal Makika, and Puu Moaulaiki. Vegetation expanses of nonnative grass lands, to and provide a flight corridor for moths within the proposed unit consists the east by upper slopes of Hualalai eventually migrating to the island of primarily of mixed-species, mesic and volcano, and to the west by lava flows Oahu, also part of its historical range. dry grass and shrubland communities and coastland. Natural features within Due to its proximity to the island of composed of primarily introduced the unit include the Puuwaawaa Maui where the current and presumed plants and some native plant species cindercone and significant stands of highest historical concentration of (HHP 2000). native, dry forest including large Blackburn’s sphinx moth occurred and numbers of Nothocestrum breviflorum because this unit contains dry and This unit contains a large moth host plants (Perry 2001). Vegetation mesic habitats which are known, both population, which may or may not be consists primarily of mixed-species currently and historically, to support part of the larger Maui populations. No mesic, and dry forest communities the larval and adult native host plants, native Nothocestrum species currently composed of native and introduced researchers believe Blackburn’s sphinx occur, but introduced tree tobacco is plants, with smaller amounts of dry moth will re-establish itself on this unit very common as are numerous native coastal shrubland (HHP 2000). over time. (F. Howarth, pers. comm., adult host plants as described by the Frequent and persistent observations 2001). Furthermore, this unit lacks some primary constituent elements. of both moth larvae and adults of the serious potential threats to the Currently, the entire island is devoid of throughout this unit indicate that this moth (see Table 1). Conserving and ungulates and is managed for control of unit contains the largest population of restoring moth populations in multiple fire and nonnative species to some Blackburn’s sphinx moth on the island locations will decrease the likelihood degree. Because the unit harbors adult of Hawaii. In addition to providing that the effect of any single alien native host plants and is in close habitat for this population, proposed parasite or predator or combined proximity to the large Maui moth lands in Unit 6 provide refugia for pressure of such species and other population, this unit is essential for migrating moths to other areas of threats could result in the diminished Blackburn’s sphinx moth conservation existing suitable host plant habitat. As vigor or extinction of the moth. and would improve dispersal and previously discussed, given the large Including this unit within the migration corridors and thus expand size and strong flight capabilities of the designation will also reduce the population recruitment potential. (P. Blackburn’s sphinx moth, support for possibility of the species’ extinction Higashino, pers. comm., 2001). moth population linkages requires from catastrophic events impacting the

VerDate May<23>2002 19:42 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm12 PsN: 13JNP1 40646 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

existing populations on other islands. management actions, as demonstrated, is proposed or listed as endangered or Designating Blackburn’s sphinx moth for example, by a legal instrument threatened and with respect to its critical habitat within this area on providing enduring protection and critical habitat, if any is designated or Molokai is complementary to existing management of the lands. In proposed. Regulations implementing and planned management activities of determining whether an action is likely this interagency cooperation provision the landowners. The proposed critical to be effective, we considered whether: of the Act are codified at 50 CFR part habitat unit lies within a larger, existing, (1) The plan specifically addresses the 402. Section 7(a)(4) of the Act requires conservation area to be managed for management needs, including reduction Federal agencies to confer with us on watershed conservation and the of threats to the species; (2) such actions any action that is likely to result in conservation of endangered and rare have been successful in the past; (3) destruction or adverse modification of species. The landowners, State and there are provisions for monitoring and proposed critical habitat. Conference Federal resource agencies, and local assessment of the effectiveness of the reports provide conservation citizens groups are involved with these management actions; and (4) adaptive recommendations to assist the agency in planned natural resource management management principles have been eliminating conflicts that may be caused activities on Molokai. incorporated into the plan. by the proposed action. The conservation recommendations in a Application of the Section 3(5)(A) Based on information provided to us conference report are advisory. We may Criteria Regarding Special Management by land owners and managers to date, issue a formal conference report if Considerations or Protection we find that no areas are adequately managed and protected to address the requested by a Federal agency. Formal Pursuant to the definition of critical threats to Blackburn’s sphinx moth. conference reports on proposed critical habitat in section 3 of the Act, any area Several areas, especially within Units 1, habitat contain a biological opinion that so designated must also require ‘‘special 2, 4, 6, and 7 are covered under current is prepared according to 50 CFR 402.14, management considerations or management plans and are being as if critical habitat were designated. We protections.’’ Special management and managed in a manner that meets some may adopt the formal conference report protection are not required if adequate of the conservation needs of Blackburn’s as the biological opinion when critical management and protection are already sphinx moth including fire and ungulate habitat is designated, if no significant in place. Adequate special management management. However, we find that in new information or changes in the or protection is provided by a legally none of these areas does the present action alter the content of the opinion operative plan or agreement that management adequately address the (see 50 CFR 402.10(d)). addresses the maintenance and needs of the species by reducing all of Section 7 of the Act and its improvement of the primary constituent the primary threats to this species implementing regulations require elements important to the species and including the loss of host plant Federal agencies to consult with us if a manages for the long-term conservation fecundity. Furthermore, all of the plans proposed action may affect a listed of the species. If any areas containing lack a timely schedule for species or its critical habitat (16 U.S.C. the primary constituent elements are implementation; a high probability of 1536; 50 CFR 402.14(a)). If after currently being managed to address the funding source(s) or other resources consultation, we issue a biological conservation needs of Blackburn’s necessary to implement the necessary opinion concluding that a project is sphinx moth and do not require special actions; and sufficient landowner/ likely to result in the destruction or management or protection, such areas management authority or long-term adverse modification of critical habitat, would not be included in a critical commitment to implement the we also provide reasonable and prudent habitat designation because they would management actions, as demonstrated, alternatives to the project, if any are not meet the definition of critical habitat for example, by a legal instrument identifiable. Reasonable and prudent in section 3(5)(A)(i) of the Act. alternatives are defined at 50 CFR We used the following three providing enduring protection and management of the lands. 402.02 as alternative actions identified guidelines to determine if a plan during consultation that can be provides adequate management or Effects of Critical Habitat Designation implemented in a manner consistent protection—(1) A current plan with the intended purpose of the action, Section 7 Consultation specifying the management actions must that are consistent with the scope of the be complete and provide sufficient Section 7(a) of the Act requires Federal agency’s legal authority and conservation benefit to the species, (2) Federal agencies, including the Service, jurisdiction, that are economically and the plan must provide assurances that to ensure that actions they fund, technologically feasible, and that the the conservation management strategies authorize, or carry out do not destroy or Director believes would avoid will be implemented, and (3) the plan adversely modify critical habitat. destruction or adverse modification of must provide assurances that the Destruction or adverse modification critical habitat. Reasonable and prudent conservation management strategies will occurs when a Federal action directly or alternatives can vary from slight project be effective. In determining if indirectly alters critical habitat to the modifications to extensive redesign or management strategies are likely to be extent that it appreciably diminishes the relocation of the project. implemented, we considered whether: value of critical habitat for the Regulations at 50 CFR 402.16 require (1) A management plan or agreement conservation of the species. Individuals, Federal agencies to reinitiate exists that specifies the management organizations, States, local governments, consultation on previously reviewed actions being implemented or to be and other non-Federal entities are actions in instances where critical implemented; (2) there is a timely affected by the designation of critical habitat is subsequently designated and schedule for implementation; (3) there habitat only if their actions occur on the Federal agency has retained is a high probability that the funding Federal lands, require a Federal permit, discretionary involvement or control source(s) or other resources necessary to license, or other authorization, or over the action or such discretionary implement the actions will be available; involve Federal funding. involvement or control is authorized by and (4) the party(ies) have the authority Section 7(a) of the Act requires law. Consequently, some Federal and long-term commitment to the Federal agencies to evaluate their agencies may request re-initiation of agreement or plan to implement the actions with respect to any species that consultation with us on actions for

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40647

which formal consultation has been Department of Housing and Urban impacts of designating these areas as completed if those actions may affect Development; critical habitat prior to making a final designated critical habitat. (2) Military training or similar determination. When completed, we Activities on Federal lands that may activities of the U.S. Department of will announce the availability of the affect the Blackburn’s sphinx moth or its Defense (Army, Navy, and National draft economic analysis with a notice in critical habitat will require section 7 Guard) on State-owned lands (e.g., the Federal Register. consultation. Activities on non-Federal Kanaio Training Area); Public Comments Solicited lands requiring a permit from a Federal (3) Construction of communication agency, such as a permit from the U. S. sites licensed by the Federal We intend that any final action Army Corps of Engineers under section Communications Commission; resulting from this proposal be as 404 of the Clean Water Act, or some (4) Road construction and accurate and as effective as possible. other Federal action, including funding maintenance, right-of-way designation, Therefore, we solicit comments or (e.g., the Federal Highway and regulation of agricultural activities suggestions from the public, other Administration, Federal Aviation by Federal agencies; concerned governmental agencies, the Administration, Federal Emergency (5) Hazard mitigation and post- scientific community, industry, or any Management Agency, or Natural disaster repairs funded by the Federal other interested party concerning this Resources Conservation Service) will Emergency Management Agency; and proposed rule. We are particularly (6) Activities not previously also be subject to the section 7 interested in comments concerning: mentioned that are funded or authorized consultation process. Federal actions (1) The reasons why any proposed by the U.S. Department of Agriculture not affecting listed species or critical area should or should not be determined (Forest Service, Natural Resources habitat and actions on non-Federal to be critical habitat as provided by Conservation Service), Department of lands that are not federally funded or section 4 of the Act and 50 CFR Defense, Department of Transportation, permitted do not require section 7 424.12(a)(1), including whether the Department of Energy, Department of consultation. benefits of designation will outweigh the Interior (U.S. Geological Survey, Section 4(b)(8) of the Act requires us any threats to the species due to National Park Service), Department of to evaluate briefly in any proposed or designation; Commerce (National Oceanic and final regulation that designates critical (2) Any areas on the islands of Maui, Atmospheric Administration), habitat those activities involving a Hawaii, Kahoolawe, Molokai, or the Environmental Protection Agency, or Federal action that may adversely other main Hawaiian Islands not any other Federal agency. modify such habitat or that may be included in this proposed designation Upon publication of this proposed that may be considered essential to the affected by such designation. We note rule, Federal agencies would also be that such activities may also jeopardize species’ conservation and recovery and required to confer with the Service on should be included in the final the continued existence of the species. effects to critical habitat if such actions Activities that may directly or indirectly designation; may destroy or adversely modify (3) Specific information on the adversely affect critical habitat include, proposed critical habitat. Upon number and distribution of the but are not limited to: publication of a final rule designating Blackburn’s sphinx moth and what (1) Removing, thinning, or destroying critical habitat, Federal agencies would habitat is essential to the conservation Blackburn’s sphinx moth habitat (as need to include consideration of effects of this species and why; defined in the primary constituent to critical habitat in consultations on (4) Whether lands within proposed elements discussion), whether by these actions. critical habitat are currently being burning, mechanical, chemical, or other If you have questions regarding managed to address conservation needs means (e.g., wood cutting, grading, whether specific activities would of the Blackburn’s sphinx moth; overgrazing, construction, road constitute adverse modification of (5) Land use practices and current or building, mining, herbicide application, critical habitat, contact the Field planned activities in the subject areas etc.). Supervisor, Pacific Islands Ecological and their possible impacts on proposed (2) Appreciably decreasing habitat Services Field Office (see ADDRESSES critical habitat; value or quality through indirect effects section). Requests for copies of the (6) Military training or similar (e.g., introduction or promotion of regulations on listed wildlife and plants activities of the U.S. Department of invasive plant species, forest and inquiries about prohibitions and Defense (Army, Navy, and National fragmentation, overgrazing, permits should be directed to the U.S. Guard) on State-owned lands (e.g., augmentation of feral ungulate Fish and Wildlife Service, Endangered Kanaio Training Area); populations, water diversion or Species Act Section 10 Program at the (7) Any foreseeable economic or other impoundment, groundwater pumping, same address. impacts resulting from the proposed or other activities that alter water designation of critical habitat, in Economic Analysis quality or quantity to an extent that they particular, any impacts on small entities affect vegetation structure) and activities Section 4(b)(2) of the Act requires that or families; that increase the risk of fire. we designate critical habitat on the basis (8) Whether future development and Federal agencies already consult with of the best scientific and commercial approval of conservation measures (e.g., us on activities in areas currently information available, and that we Conservation Agreements, Safe Harbor occupied by the species to ensure that consider the economic and other Agreements, etc.) should be excluded their actions do not jeopardize the relevant impacts of designating a from critical habitat and, if so, by what continued existence of the species. particular area as critical habitat. We mechanism; and, Thus, actions which may already may exclude areas from critical habitat (9) Economic and other values require consultation include, but are not designation if the benefits of exclusion associated with designating critical limited to: outweigh the benefits of designation, habitat for the Blackburn’s sphinx moth, (1) Development on private or State provided the exclusion will not result in such as those derived from non- lands requiring funding or authorization the extinction of the species. We will consumptive uses (e.g., hiking, camping, from other Federal agencies, such as the conduct an analysis of the economic eco-tourism, enhanced watershed

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40648 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

protection, improved air quality, reviewers immediately following of $100 million or more or adversely increased soil retention, ‘‘existence publication in the Federal Register. We affect in a material way the economy, a values,’’ and reductions in will invite the peer reviewers to sector of the economy, productivity, administrative costs). comment, during the public comment jobs, the environment, public health or If we receive information that any of period, on the specific assumptions and safety, or State, local or tribal the areas proposed as critical habitat are conclusions regarding the proposed communities. Therefore, we do not currently being managed to address the designations of critical habitat. We will believe a cost benefit and economic conservation needs of the Blackburn’s consider all comments and data analysis pursuant to E.O. 12866 is sphinx moth and provide adequate received during the 60-day comment required. management and protection, we would period on this proposed rule during Under the Act, critical habitat may remove such areas from the final rule preparation of a final rule-making. not be adversely modified by a Federal because they would not meet the Accordingly, the final decision may agency action; critical habitat does not definition of critical habitat in section differ from this proposal. impose any restrictions on non-Federal 3(5)(A)(i) of the Act. If you wish to persons unless they are conducting comment, you may submit your Clarity of the Rule activities funded or otherwise comments and materials concerning this Executive Order 12866 requires each sponsored or permitted by a Federal proposal by either of the following agency to write regulations and notices agency. Section 7 of the Act requires methods: that are easy to understand. We invite Federal agencies to ensure that they do 1. You may submit written comments your comments on how to make this not jeopardize the continued existence and information to Paul Henson, Field proposed rule easier to understand, of the species. Section 7 also requires Supervisor, Pacific Islands Fish and including answers to questions such as Federal agencies to consult with us if a Wildlife Office, U.S. Fish and Wildlife the following—(1) Are the requirements proposed action may affect a listed Service, 300 Ala Moana Boulevard, in the proposed rule clearly stated? (2) species or its critical habitat. Based on Room 3–122, Box 50088, Honolulu, HI Does the proposed rule contain our experience with the species and its 96850. technical jargon that interferes with the needs, we believe that any Federal 2. You may hand-deliver written clarity? (3) Does the format of the action or authorized action that could comments to our Pacific Islands Fish proposed rule (grouping and order of potentially cause an adverse and Wildlife Office, 300 Ala Moana the sections, use of headings, modification of the proposed critical Boulevard, Room 3–122, Honolulu, paragraphing, etc.) aid or reduce its habitat would currently be considered Hawaii. clarity? (4) Is the description of the as jeopardy to the species under the Act Our practice is to make comments, notice in the ‘‘Supplementary in areas occupied by the species. including names and home addresses of Information’’ section of the preamble Accordingly, we do not expect the respondents, available for public review helpful in understanding the notice? designation of areas as critical habitat during regular business hours. What else could we do to make this within the geographical range of the Respondents may request that we proposed rule easier to understand? species to have any incremental impacts withhold their home address, which we Send a copy of any comments that on what actions may or may not be will honor to the extent allowable by concern how we could make this rule conducted by Federal agencies or non- law. There also may be circumstances in easier to understand to the Office of Federal persons that receive Federal which we would withhold a Regulatory Affairs, Department of the authorization or funding. The respondent’s identity, as allowable by Interior, Room 7229, 1849 C Street NW., designation of areas as critical habitat law. If you wish us to withhold your Washington, DC 20240. You also may e- where section 7 consultations would not name or address, you must state this mail comments to: [email protected]. have occurred but for the critical habitat request prominently at the beginning of designation may have impacts on what your comment. To the extent consistent Required Determinations actions may or may not be conducted by with applicable law, we will make all Regulatory Planning and Review Federal agencies or non-Federal persons submissions from organizations or who receive Federal authorization or businesses, and from individuals In accordance with Executive Order funding that are not attributable to the identifying themselves as (E.O.) 12866, this document is a species listing. We will evaluate any representatives or officials of significant rule and has been reviewed impact through our economic analysis organizations or businesses, available by the Office of Management and (required under section 4 of the Act: see for public inspection in their entirety. Budget (OMB) in accordance with the the ‘‘Exclusions Under Section 4(b)(2)’’ Comments and materials received will four criteria discussed below. We are section of this rule). Non-Federal be available for public inspection, by preparing a draft economic analysis of persons who do not have a Federal appointment, during normal business this proposed action, which will be sponsorship of their actions are not hours at the Pacific Islands Fish and available for public comment, to restricted by the designation of critical Wildlife Office in Honolulu. determine the economic consequences habitat. of designating the specific areas as (b) We do not believe this rule would Peer Review critical habitat. The availability of the create inconsistencies with other In accordance with our policy draft economic analysis will be agencies’ actions. As discussed above, published on July 1, 1994 (59 FR announced in the Federal Register so Federal agencies have been required to 34270), we will seek the expert opinions that it is available for public review and ensure that their actions do not of at least three appropriate and comment. jeopardize the continued existence of independent specialists regarding this (a) While we will prepare an the Blackburn’s sphinx moth since its proposed rule. The purpose of such economic analysis to assist us in listing in February 2000 (65 FR 4770). review is to ensure listing and critical considering whether areas would be We will evaluate any additional impact habitat decisions are based on excluded from critical habitat through our economic analysis. Because scientifically sound data, assumptions, designation pursuant to section 4 of the of the potential for impacts on other and analyses. We will send copies of Act, we do not believe this rule will Federal agencies’ activities, we will this proposed rule to these peer have an annual effect on the economy continue to review this proposed action

VerDate May<23>2002 19:42 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm12 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40649

for any inconsistencies with other special trade contractors doing less than activities. However, Blackburn’s sphinx Federal agencies’ actions. $11.5 million in annual business, and moth has only been listed since (c) We do not believe this rule, if agricultural businesses with annual February 2000, and there have been made final, would materially affect sales less than $750,000. To determine only five informal consultations entitlements, grants, user fees, loan if potential economic impacts to these involving the species. Therefore, the programs, or the rights and obligations small entities are significant, we requirement to reinitiate consultations of their recipients. Federal agencies are consider the types of activities that for ongoing projects is not anticipated to currently required to ensure that their might trigger regulatory impacts under affect a substantial number of small activities do not jeopardize the this rule as well as the types of project entities. continued existence of a listed species, modifications that may result. In When the species is clearly not and, as discussed above, we will general, the term significant economic present, designation of critical habitat evaluate any additional impacts through impact is meant to apply to a typical could trigger additional review of an economic analysis. small business firm’s business Federal activities under section 7 of the (d) OMB has determined that this rule operations. Act. Blackburn’s sphinx moth has been raises novel legal or policy issues and, To determine if the rule would affect listed only a relatively short time and as a result, this rule has undergone OMB a substantial number of small entities, there have been no activities with review. we consider the number of small Federal involvement in these areas Regulatory Flexibility Act (5 U.S.C. 601 entities affected within particular types during this time. There is a history of et seq.) of economic activities (e.g., housing only five informal consultations based development, grazing, oil and gas on the listing of this species to date. Under the Regulatory Flexibility Act production, timber harvesting, etc.). We Therefore, for the purposes of this (5 U.S.C. 601 et seq., as amended by the apply the ‘‘substantial number’’ test review and certification under the Small Business Regulatory Enforcement individually to each industry to Regulatory Flexibility Act, we are Act (SBREFA) of 1996), whenever an determine if certification is appropriate. assuming that any future consultations agency is required to publish a notice of In some circumstances, especially with in the areas proposed as critical habitat rulemaking for any proposed or final proposed critical habitat designations of will be due to the critical habitat rule, it must prepare and make available very limited extent, we may aggregate designation. for public comment a regulatory across all industries and consider One of the proposed designation is flexibility analysis that describes the whether the total number of small partially on Federal lands. All of the effects of the rule on small entities (i.e., entities affected is substantial. In eight units are partially or entirely on small businesses, small organizations, estimating the numbers of small entities lands owned and managed by the State and small government jurisdictions). potentially affected, we also consider of Hawaii, which is not a small entity However, no regulatory flexibility whether their activities have any for purposes of this analysis. This analysis is required if the head of the Federal involvement; some kinds of includes units within the Ahihi-Kinau agency certifies the rule will not have a activities are unlikely to have any NAR, Kanaio NAR, Kanaha State Bird significant economic impact on a Federal involvement and so will not be Sanctuary, or the Kahoolawe Island substantial number of small entities. affected by critical habitat designation. Reserve. All of these land areas are SBREFA amended the Regulatory Designation of critical habitat only primarily managed for conservation of Flexibility Act to require Federal affects activities conducted, funded, or natural resources, including threatened agencies to provide a statement of the permitted by Federal agencies; non- and endangered species. On State lands, factual basis for certifying that rule will Federal activities are not affected by the activities with no Federal involvement not have a significant economic effect designation. In areas where the species would not be affected by the critical on a substantial number of small is present, Federal agencies are already habitat designation. entities. SBREFA also amended the RFA required to consult with us under Six of the eight units of the proposed to require a certification statement. In section 7 of the Act on activities that designation are partially on privately- today’s rule, we are certifying that the they fund, permit, or implement that owned land. On private lands, activities rule will not have a significant effect on may affect the Blackburn’s sphinx moth. that lack Federal involvement would a substantial number of small entities If this critical habitat designation is not be affected by the critical habitat for the reasons described below. finalized, Federal agencies must also designation. Other than some However, should the economic analyses consult with us if their activities may agriculture and ranching, no activities of prepared pursuant to section 4(b)(2) of affect designated critical habitat. an economic nature currently occur on the ESA indicate otherwise, we will However, we do not believe this will the private lands in the area revisit this determination at that time. result in any additional regulatory encompassed by this proposed Small entities include small burden on Federal agencies or their designation. Furthermore, many of these organizations, such as independent non- applicants because consultation would areas are within a State Conservation profit organizations, and small already be required due to the presence District and have a very limited range of governmental jurisdictions, including of the listed species, and the duty to allowable activities that could occur school boards and city and town avoid adverse modification of critical there under the State Conservation governments that serve fewer than habitat would not trigger additional District Use permitting program. 50,000 residents, as well as small regulatory impacts beyond the duty to Because of the Conservation District businesses. Small businesses include avoid jeopardizing the species. zoning, and because many of the sites manufacturing and mining concerns Even if the duty to avoid adverse are so remote and inaccessible that off- with fewer than 500 employees, modification does not trigger additional road vehicular transport or hiking is wholesale trade entities with fewer than regulatory impacts in areas where the normally required for access, new 100 employees, retail and service species is present, designation of critical commercial or additional agricultural businesses with less than $5 million in habitat could result in an additional development is unlikely even at a small annual sales, general and heavy economic burden on small entities due scale. Therefore, Federal agencies such construction businesses with less than to the requirement to reinitiate as the Economic Development $27.5 million in annual business, consultation for ongoing Federal Administration, which is occasionally

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40650 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

involved in funding municipal projects, modification determinations in section Because of the rugged terrain and are unlikely to be involved in projects 7 consultations-can be implemented extreme remoteness of most of the in these areas. Informal consultation successfully with, at most, the adoption proposed designation areas, we under section 7 of the Act between us of reasonable and prudent alternatives. anticipate that projects involving and another Federal agency has These measures, by definition, must be Federal agencies will be infrequent. occurred a total of five times, economically feasible and within the This rule would result in project specifically on the island of Kahoolawe scope of authority of the Federal agency modifications only when proposed and entirely involved the Department of involved in the consultation. As we Federal activities would destroy or the Navy. have only a minimal consultation adversely modify critical habitat. While In general, two different mechanisms history for Blackburn’s sphinx moth, we this may occur, it is not expected in section 7 consultations could lead to can only describe the general kinds of frequently enough to affect a substantial additional regulatory requirements. actions that may be identified in future number of small entities. Even when it First, if we conclude in a biological reasonable and prudent alternatives. does occur, we do not expect it to result opinion, that a proposed action is likely These are based on our understanding of in a significant economic impact, as the to jeopardize the continued existence of the needs of the species and the threats measures included in reasonable and a species or adversely modify its critical it faces, especially as described in the prudent alternatives must be habitat, we can offer ‘‘reasonable and final listing rule and in this proposed economically feasible and consistent prudent alternatives.’’ Reasonable and critical habitat designation, as well as with the proposed action. We are prudent alternatives are alternative our experience with native Hawaiian certifying that the proposed designation actions that can be implemented in a arthropods in Hawaii. The kinds of of critical habitat for Blackburn’s sphinx manner consistent with the scope of the actions that may be included in future moth will not have a significant Federal agency’s legal authority and reasonable and prudent alternatives economic impact on a substantial jurisdiction, that are economically and include conservation set-asides, number of small entities, and an initial technologically feasible, and that would management of competing non-native regulatory flexibility analysis is not avoid jeopardizing the continued species and predators, restoration of required. However, should the existence of listed species or resulting in degraded habitat, construction of economic analyses of this proposed rule adverse modification of critical habitat. protective fencing, and regular indicate that there may be significant A Federal agency and an applicant may monitoring. These measures are not economic impacts on a substantial elect to implement a reasonable and likely to result in a significant economic number of small entities, we will revisit prudent alternative associated with a impact to project proponents. As this determination. biological opinion that has found required under section 4(b)(2) of the jeopardy or adverse modification of Unfunded Mandates Reform Act (2 Act, we will conduct an analysis of the U.S.C. 1501 et seq.) critical habitat. An agency or applicant potential economic impacts of this could alternatively choose to seek an proposed critical habitat designation, In accordance with the Unfunded exemption from the requirements of the and will make that analysis available for Mandates Reform Act (2 U.S.C. 1501 Act or proceed without implementing public review and comment before August 25, 2000 et seq.): (a) We believe this rule will not the reasonable and prudent alternative. finalizing this designation. However, unless an exemption were ‘‘significantly or uniquely’’ affect small obtained, the Federal agency would be In summary, we have considered governments. A Small Government at risk of violating section 7(a)(2) of the whether this proposed rule would result Agency Plan is not required. Small Act if it chose to proceed without in a significant economic effect on a governments will be affected only to the implementing the reasonable and substantial number of small entities. It extent that any programs having Federal prudent alternatives. Secondly, if we would not affect a substantial number of funds, permits, or other authorized find that a proposed action is not likely small entities. The entire designation activities must ensure that their actions to jeopardize the continued existence of involves eight sites partially or entirely will not adversely affect the critical a listed animal species, we may identify on State lands, one site partially on habitat. However, as discussed above, reasonable and prudent measures Federal land, and six sites partially on these actions are currently subject to designed to minimize the amount or privately owned lands, all of which are equivalent restrictions through the extent of take and require the Federal located in areas where likely future land listing protections of the species, and no agency or applicant to implement such uses are not expected to result in further restrictions are anticipated to measures through non-discretionary Federal involvement or section 7 result from critical habitat designation terms and conditions. However, the Act consultations. As discussed earlier, of occupied areas. In our economic does not prohibit the take of listed plant many of the private lands are within a analysis, we will evaluate any impact of species or require terms and conditions State Agricultural District where few designating areas where section 7 to minimize adverse effect to critical commercial activities are undertaken, or consultations would not have occurred habitat. We may also identify within a State Conservation District but for the critical habitat designation. discretionary conservation where no commercial activities are (b) This rule will not produce a recommendations designed to minimize undertaken at those locations and, Federal mandate of $100 million or or avoid the adverse effects of a therefore, are not likely to require any greater in any year; that is, it is not a proposed action on listed species or Federal authorization. In these areas, ‘‘significant regulatory action’’ under critical habitat, help implement Federal involvement—and thus section the Unfunded Mandates Reform Act. recovery plans, or to develop 7 consultations, the only trigger for The designation of critical habitat information that could contribute to the economic impact under this rule— imposes no obligations on State or local recovery of the species. would be limited to a small subset of the governments. Based on our experience with section area proposed. The most likely Federal 7 consultations for all listed species, involvement would be through a habitat Takings virtually all projects-including those restoration or conservation activity for In accordance with Executive Order that, in their initial proposed form, this species or another federally listed 12630 (‘‘Government Actions and would result in jeopardy or adverse endangered or threatened species. Interference with Constitutionally

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40651

Protected Private Property Rights’’), we Office of the Solicitor has determined Government-to-Government have analyzed the potential takings that this rule does not unduly burden Relationship With Tribes implications of designating critical the judicial system and does meet the In accordance with the President’s habitat for the Blackburn’s sphinx moth requirements of sections 3(a) and 3(b)(2) memorandum of April 29, 1994, in a preliminary takings implication of the Order. We designate critical ‘‘Government-to-Government Relations assessment. The takings implications habitat in accordance with the With Native American Tribal assessment concludes that this proposed provisions of the Act. The Office of the Governments’’ (59 FR 22951), E.O. rule does not pose significant takings Solicitor will review the final 13175, and the Department of the implications. Once the revised determination for this proposal. We will Interior’s manual at 512 DM 2, we economic analysis is completed for this make every effort to ensure that the final readily acknowledge our responsibility proposed rule, we will review and determination contains no drafting to communicate meaningfully with revise this preliminary assessment as errors, provides clear standards, federally recognized Tribes on a warranted. simplifies procedures, reduces burdens, government-to-government basis. The Executive Order 13211 and is clearly written, such that the risk proposed designation of critical habitat for Blackburn’s sphinx moth does not On May 18, 2001, the President issued of litigation is minimized. The proposed contain any Tribal lands or lands that an Executive Order (E.O. 13211) on rule uses standard property descriptions we have identified as impacting Tribal regulations that significantly affect and identifies the primary constituent trust resources. energy supply, distribution, and use. elements within the designated areas to Executive Order 13211 requires agencies assist the public in understanding the References Cited habitat needs of Blackburn’s sphinx to prepare Statements of Energy Effects A complete list of all references cited moth. when undertaking certain actions. in this proposed rule is available upon Although this rule is a significant Paperwork Reduction Act of 1995 (44 request from the Pacific Islands Fish regulatory action under Executive Order U.S.C. 3501 et seq.) and Wildlife Office (see ADDRESSES 12866, it is not expected to significantly section). affect energy supplies, distribution, or This rule does not contain any new use. Therefore, this action is not a collections of information that require Authors significant energy action and no approval by the Office of Management The primary authors of this document Statement of Energy Effects is required. and Budget under the Paperwork are Mike Richardson and Dave Hopper, Federalism Reduction Act (44 U.S.C. 3501 et seq.). Pacific Islands Fish and Wildlife Office (see ADDRESSES section). In accordance with Executive Order This rule will not impose new record- 13132, the rule does not have significant keeping or reporting requirements on List of Subjects in 50 CFR Part 17 State or local governments, individuals, Federalism effects. A Federalism Endangered and threatened species, assessment is not required. As discussed businesses, or organizations. An agency may not conduct or sponsor, and a Exports, Imports, Reporting and record above, the designation of critical habitat keeping requirements, Transportation. in areas currently occupied by the person is not required to respond to, a Blackburn’s sphinx moth would have collection of information unless it Proposed Regulation Promulgation little incremental impact on State and displays a currently valid OMB Control Accordingly, we propose to amend local governments and their activities. Number. part 17, subchapter B of chapter I, title The designations may have some benefit National Environmental Policy Act 50 of the Code of Federal Regulations as to these governments in that the areas set forth below: essential to the conservation of these We have determined that an species are more clearly defined, and Environmental Assessment or an PART 17—[AMENDED] the primary constituent elements of the Environmental Impact Statement as habitat necessary to the survival of the 1. The authority citation for part 17 defined by the National Environmental continues to read as follows: species are identified. While this Policy Act of 1969 need not be prepared definition and identification does not in connection with regulations adopted Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– alter where and what federally pursuant to section 4(a) of the sponsored activities may occur, it may 625, 100 Stat. 3500; unless otherwise noted. Endangered Species Act as amended. A assist these local governments in long- notice outlining our reason for this 2. In § 17.11(h) revise the entry for range planning rather than waiting for determination was published in the ‘‘Moth, Blackburn’s Sphinx’’ under case-by-case section 7 consultation to ‘‘INSECTS’’ to read as follows: occur. Federal Register on October 25, 1983 (48 FR 49244). This proposed rule does § 17.11 Endangered and threatened Civil Justice Reform not constitute a major Federal action wildlife. In accordance with Executive Order significantly affecting the quality of the * * * * * 12988, the Department of the Interior’s human environment. (h) * * *

Species Vertebrate popu- lation where en- Special Historic range dangered or threat- Status When listed Critical habitat rules Common name Scientific name ened

******* INSECTS

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 40652 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

Species Vertebrate popu- lation where en- Special Historic range dangered or threat- Status When listed Critical habitat rules Common name Scientific name ened

******* Moth, Blackburn’s Manduca U.S.A. (HI) ...... NA ...... E 682 17.95(i) ...... NA sphinx. blackburni.

*******

3. Amend § 17.95(i) by adding critical identified as essential for the primary supplying plants, including but not habitat for the Blackburn’s sphinx moth biological needs of foraging, sheltering, limited to Ipomoea spp., Capparis (Manduca blackburni) in the same maturation, dispersal, breeding, and egg sandwichiana, and Plumbago zeylanica alphabetical order as this species occurs laying. The primary constituent and the dry and mesic habitats between in § 17.11(h), to read as follows: elements required by Blackburn’s the elevations of sea level and 1,525 m sphinx moth larvae for foraging and § 17.95 Critical habitat—fish and wildlife. (5,000 ft) and receiving between 25 and maturation are the two identified larval 250 cm (10 and 100 in) of annual * * * * * host plant species within the endemic precipitation that currently support or (i) Insects. Nothocestrum genus (Nothocestrum historically have supported these plants. * * * * * breviflorum and Nothocestrum latifolium) and the dry and mesic (3) Critical habitat does not include Blackburn’s Sphinx Moth (Manduca habitats between the elevations of sea existing man-made features and blackburni) level and 1,525 m (5,000 ft) and structures within the boundaries of the (1) Critical habitat units are depicted receiving between 25 and 250 cm (10 mapped units, such as houses, offices, for the islands of Maui, Kahoolawe, and 100 in) of annual precipitation that warehouses, stores, or any other Hawaii, and Molokai on the maps currently support or historically have buildings, roads, aqueducts, antennas, below. supported these plants. The primary towers, water tanks, agricultural fields, (2) Found within these areas are the constituent elements required by paved areas, residential lawns, gardens, primary constituent elements of critical Blackburn’s sphinx moth adults for parking lots, cemeteries, and any other habitat for Blackburn’s sphinx moth that foraging, sheltering, dispersal, breeding, urban landscaped areas or man-made includes specific habitat components and egg production are native, nectar- structures.

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4725 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.000 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40653

(4) Critical Habitat Unit 1: Island of 789629, 2288724; 790001, 2287513; (5) Critical Habitat Unit 2: Island of Maui, Ahihi-Kinau NAR—Ulupalakua— 789133, 2286682; 789642, 2282642; Maui, Puu O Kali Unit (2,750 ha; 6,794 Auwahi—Kanaio Meta Unit (15,217 ha; 789689, 2282548. coastline. ac) 37,603 ac). (ii) Excluding one area (502 ha; 1,241 (i) Unit consists of twelve boundary (i) Unit consists of eighteen boundary ac) with eleven boundary points with points with the following coordinates in points with the following coordinates in UTM Zone 4 with the units in meters the following coordinates in UTM Zone UTM Zone 4 with the units in meters using North American Datum of 1983 4 with the units in meters using North using North American Datum of 1983 (NAD83): 768031, 2292836; 768276, (NAD83): coastline. 766711, 2282647; American Datum of 1983 (NAD83): 2295610; 768897, 2295644; 770362, 766747, 2282662; 767710, 2282266; 774448, 2284474; 774807, 2284493; 2295705; 771540, 2297064; 773291, 769673, 2283077; 771466, 2284436; 775562, 2284002; 775392, 2282436; 2296777; 775265, 2296040; 774448, 774373, 2286248; 774750, 2286890; 775203, 2282020; 775033, 2281700; 2294006; 774392, 2292779; 773825, 775222, 2286928; 775776, 2286374; 774505, 2281416; 773882, 2281643; 2291760; 772557, 2291243; 770315, 776595, 2286552; 777581, 2286456; 773957, 2282247; 773165, 2282492; 2292439. 779622, 2286089; 782827, 2286695; 773806, 2284304. (ii) Units 1 and 2 map follows:

(6) Critical Habitat Unit 3: Island of 2314137; 767760, 2313845; 767663, 2314040; 767504, 2314125; 766602, Maui, Kanaha Pond—Spreckelsville 2314040; 767504, 2314125; 766602, 2313625; 766566, 2313467; 765920, Unit (226 ha; 559 ac). 2313625; 766566, 2313467; 765920, 2313174; 765615, 2312894; 765481, (i) Unit consists of 32 boundary points 2313174; 765615, 2312894; 765481, 2312662; 765152, 2312516; 765017, connecting to the coastline with the 2312662; 765152, 2312516; 765017, 2312187; 764298, 2312089; 763994, following coordinates in UTM Zone 4 2312187; 764298, 2312089; 763994, 2312370; 764115, 2312821; 764262, with the units in meters using North 2312370; 764115, 2312821; 764262, 2313077; coastline. American Datum of 1983 (NAD83): 2313077; 768327, 2314328; 768382, coastline; 768327, 2314328; 768382, 2314137; 767760, 2313845; 767663, (ii) Unit 3 map follows:

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.001 40654 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

(7) Critical Habitat Unit 4: Island of Zone 4 with the units in meters using 2272377; 750905, 2272175; 749058, Kahoolawe, Upper Kahoolawe Unit North American Datum of 1983 2273300; 750876, 2274570; 751020, (1,878 ha; 4,641 ac). (NAD83): 751626, 2276907; 752925, 2275984; 751626, 2276907. (i) Unit consists of 11 boundary points 2277513; 754425, 2276936; 754916, (ii) Unit 4 map follows: with the following coordinates in UTM 2275176; 754483, 2273646; 752982,

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.002 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40655

(8) Critical Habitat Unit 5–A: Island of using North American Datum of 1983 2195563; 202342, 2195466; 202422, Hawaii, Kailua-Kona Unit 5–A (125 ha; (NAD83): 185735, 2177873; 185487, 2195266; 201923, 2195212; 201490, 309 ac). 2177806; 185264, 2177683; 185592, 2194988; 201289, 2194293; 201423, (i) Unit consists of twelve boundary 2177229; 185290, 2177181; 184428, 2193644; 201610, 2193412; 201976, points with the following coordinates in 2177141; 184179, 2177926; 184567, 2193196; 202259, 2192949; 202797, UTM Zone 5 with the units in meters 2177983; 185170, 2178035; 185410, 2192583; 203648, 2193808; 204126, using North American Datum of 1983 2178129; 185570, 2178249. 2194708; 205894, 2191689; 206044, (NAD83): 183939, 2179538; 184520, (10) Critical Habitat Unit 6: Island of 2191339; 206344, 2191105; 206443, 2179963; 185151, 2180448; 185315, Hawaii, Puuwaawaa-Hualalai Unit 2190759; 206778, 2190572; 206728, 2180573; 185691, 2180671; 185857, (18,111 ha; 44753 ac). 2189754; 207295, 2189387; 207595, 2180468; 185894, 2179969; 185820, 2188520; 205155, 2186232; 200424, (i) Unit consists of forty-two boundary 2179858; 185434, 2179678; 185248, 2183478; 194641, 2182859; 188871, 2179574; 184128, 2179413; 183981, points with the following coordinates in UTM Zone 5 with the units in meters 2184829; 187928, 2184862; 188121, 2179367. 2185610; 187173, 2185749; 187029, (9) Critical Habitat Unit 5–B: Island of using North American Datum of 1983 2185392; 185530, 2185978; 185844, Hawaii, Kailua-Kona Unit 5–B (105 ha; (NAD83): 197118, 2195356; 202108, 258 ac). 2197143; 202133, 2196862; 202349, 2186480; 186693, 2187771; 191074, (i) Unit consists of eleven boundary 2196713; 202177, 2196459; 202117, 2191859. points with the following coordinates in 2196355; 202013, 2196242; 202195, (ii) Unit 5–A, Unit 5–B, and Unit 6 UTM Zone 5 with the units in meters 2195935; 202342, 2195847; 202416, map follows:

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.003 40656 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules

(11) Critical Habitat Unit 7: Island of UTM Zone 4 with the units in meters 2336242; 716822, 2335699; 718354, Molokai, Kamoko Flats—Puukolekole using North American Datum of 1983 2334492; 718279, 2333663; 717488, Unit (1,829 ha; 4,520 ac). (NAD83): 710484, 2337505; 711990, 2332722; 710484, 2337505. (i) Unit consists of nine boundary 2339952; 713666, 2338327; 715057, (ii) Unit 7 map follows: points with the following coordinates in

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.004 Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Proposed Rules 40657

* * * * * 1973, as amended. Identification of Endangered and Threatened Wildlife Dated: May 17, 2002. candidate species can assist and Plants during the period October Craig Manson, environmental planning efforts by 30, 2001 to May 30, 2002. providing advance notice of potential Assistant Secretary for Fish and Wildlife and DATES: listings, allowing resource managers to We will accept comments on the Parks. alleviate threats and thereby possibly candidate notice of review at any time. [FR Doc. 02–14683 Filed 6–12–02; 8:45 am] remove the need to list species as ADDRESSES: Submit your comments BILLING CODE 4310–55–P endangered or threatened. Even if we regarding a particular species to the subsequently list a candidate species, Regional Director of the Region the early notice provided here could DEPARTMENT OF THE INTERIOR identified in SUPPLEMENTARY result in fewer restrictions on activities INFORMATION as having the lead Fish and Wildlife Service by prompting candidate conservation responsibility for that species. You may measures to alleviate threats to the submit comments of a more general 50 CFR Part 17 species. nature to the Chief, Division of We request additional status Conservation and Classification, U.S. Endangered and Threatened Wildlife information that may be available for Fish and Wildlife Service, 4401 N. and Plants; Review of Species That the identified candidate species and Fairfax Drive, Room 420, Arlington, VA Are Candidates or Proposed for Listing information on species that we should 22203 (703/358–2171). Written as Endangered or Threatened; Annual include as candidates in future updates comments and materials received in of this list. We will consider this Notice of Findings on Recycled response to this notice will be available information in preparing listing Petitions; Annual Description of for public inspection by appointment at documents and future revisions to the Progress on Listing Actions the Division of Conservation and notice of review. This information will Classification (for comments of a general AGENCY: Fish and Wildlife Service, help us in monitoring changes in the nature only) or at the appropriate Interior. status of candidate species and in Regional Office listed in SUPPLEMENTARY ACTION: Notice of review. conserving candidate species. We announce the availability of INFORMATION. SUMMARY: In this candidate notice of Candidate and Listing Priority Information regarding the range, review (CNOR), we, the U.S. Fish and Assignment Forms (candidate forms) for status, and habitat needs of and listing Wildlife Service (Service), present an each candidate species. These priority assignment for a particular updated list of plant and animal species documents describe the status and species is available for review at the native to the United States that we threats that we evaluated in order to appropriate Regional Office listed below regard as candidates or have proposed assign a listing priority number to each in SUPPLEMENTARY INFORMATION, at the for addition to the Lists of Endangered species. We also announce our findings Division of Conservation and and Threatened Wildlife and Plants on recycled petitions and describe our Classification, Arlington, Virginia (see under the Endangered Species Act of progress in revising the Lists of address above), or on our internet

VerDate May<23>2002 12:07 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM pfrm17 PsN: 13JNP1 EP13JN02.005