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Department of the Interior Fish and Wildlife Service Tuesday, May 14, 2002 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Determinations of Prudency and Proposed Designations of Critical Habitat for Plant Species From the Northwestern Hawaiian Islands, HI; Proposed Rule VerDate 11<MAY>2000 17:32 May 13, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14MYP2.SGM pfrm04 PsN: 14MYP2 34522 Federal Register / Vol. 67, No. 93 / Tuesday, May 14, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR Federal agencies to ensure that actions (telephone: 808/541–3441; facsimile: they carry out, fund, or authorize do not 808/541–3470). Fish and Wildlife Service destroy or adversely modify critical SUPPLEMENTARY INFORMATION: habitat to the extent that the action 50 CFR Part 17 appreciably diminishes the value of the Background RIN 1018–AH09 critical habitat for the conservation of In the Lists of Endangered and the species. Section 4 of the Act requires Threatened Plants (50 CFR 17.12), there Endangered and Threatened Wildlife us to consider economic and other are six plant species that, at the time of and Plants; Proposed Determinations relevant impacts of specifying any listing, were reported from the of Prudency and Proposed particular area as critical habitat. Northwestern Hawaiian Islands (Nihoa Designations of Critical Habitat for We solicit data and comments from Island, Necker Island, French Frigate Plant Species From the Northwestern the public on all aspects of this Shoals, Gardner Pinnacles, Maro Reef, Hawaiian Islands, HI proposal, including data on the Laysan Island, Lisianski Island, Pearl economic and other impacts of the AGENCY: Fish and Wildlife Service, and Hermes Atoll, Midway Atoll, and proposed designations. We may revise Interior. Kure Atoll) (Table 1). Amaranthus this proposal to incorporate or address brownii, Cenchrus agrimonioides var. ACTION: Proposed rule and notice of new information received during the laysanensis, Mariscus pennatiformis determinations of whether designation comment period. ssp. bryanii, Pritchardia remota, and of critical habitat is prudent. DATES: We will accept comments until Schiedea verticillata are endemic to the SUMMARY: We, the U.S. Fish and July 15, 2002. Public hearing requests Northwestern Hawaiian Islands, while Wildlife Service (Service), propose must be received by June 28, 2002. Sesbania tomentosa is reported from one or more other islands, as well as the critical habitat for five (Amaranthus ADDRESSES: If you wish to comment, Northwestern Hawaiian Islands. brownii, Mariscus pennatiformis, you may submit your comments and In previously published proposals we Pritchardia remota, Schiedea materials concerning this proposal by proposed that critical habitat was verticillata, and Sesbania tomentosa) of any one of the following methods: the six plant species known historically prudent for Cenchrus agrimonioides, (1) You may submit written comments from the Northwestern Hawaiian Islands Mariscus pennatiformis, and Sesbania and information to the Field Supervisor, (Nihoa Island, Necker Island, French tomentosa. No change is made to these U.S. Fish and Wildlife Service, Pacific Frigate Shoals, Gardner Pinnacles, Maro prudency determinations in this Islands Office, 300 Ala Moana Blvd., Reef, Laysan Island, Lisianski Island, proposal and they are hereby P.O. Box 50088, Honolulu, HI 96850– Pearl and Hermes Atoll, Midway Atoll, incorporated in this proposal (65 FR 0001. and Kure Atoll) that are listed under the 66808, 65 FR 79192, 67 FR 3940, 67 FR Endangered Species Act of 1973, as (2) You may hand-deliver written 9806). amended. Critical habitat is not comments to our Pacific Islands Office In this proposal, we propose that proposed for Cenchrus agrimonioides at 300 Ala Moana Blvd., Room 3–122, critical habitat designation is prudent var. laysanensis as it has not been seen Honolulu, HI 96850. for Amaranthus brownii, Pritchardia in the wild for over twenty years and no You may view comments and remota, and Schiedea verticillata for viable genetic material of this variety is materials received, as well as supporting which proposed prudency known to exist. documentation used in the preparation determinations have not been made We propose critical habitat of this proposed rule by appointment, previously, because the potential designations for five species on three during normal business hours at the benefits of designating critical habitat islands (Nihoa, Necker, and Laysan) Pacific Islands Office. essential for the conservation of these totaling approximately 498 hectares (ha) FOR FURTHER INFORMATION CONTACT: Paul species outweigh the risks that may (1,232 acres (ac)). If this proposal is Henson, Field Supervisor, Pacific result from human activity because of made final, section 7 of the Act requires Islands Office (see ADDRESSES section) critical habitat designation. TABLE 1.—SUMMARY OF ISLAND DISTRIBUTION OF SIX SPECIES FROM THE NORTHWESTERN HAWAIIAN ISLANDS Island Distribution NW Hawaiian Species Islands, Kauai Oahu Molokai Lanai Maui Hawaii Kahoolawe, Niihau Amaranthus brownii (no common name) ............................ Nihoa (C) Cenchrus agrimonioides var. laysanensis (kamanomano) Kure (H), Laysan (H), Midway ((H) Mariscus pennatiformis (no common name) ....................... H H C R Laysan (C) Pritchardia remota (loulu) .................................................... Nihoa (C), Laysan (R) Schiedea verticillata (no common name) ............................ Nihoa (C) Sesbania tomentosa (ohai) ................................................. C CCHCCNiihau (H), Kahoolawe (C), Necker (C), Nihoa (C) KEY: C (Current)—population last observed within the past 30 years. H (Historical)—population not seen for more than 30 years. VerDate 11<MAY>2000 16:06 May 13, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM pfrm04 PsN: 14MYP2 Federal Register / Vol. 67, No. 93 / Tuesday, May 14, 2002 / Proposed Rules 34523 R (Reported)—reported from undocumented observations. NW Hawaiian Islands includes Kure Atoll, Midway Atoll, and Laysan, Necker, Nihoa island. In this proposal, we propose twenty years and no viable genetic approximately 1,600 kilometers (km) designation of critical habitat for five material of this variety is known to (1,000 miles (mi)) northwest from Nihoa (Amaranthus brownii, Mariscus exist. Island to Kure Atoll (Figure 1). They are pennatiformis, Pritchardia remota, Critical habitat is proposed for remnants of once larger islands that Schiedea verticillata, and Sesbania designation on the islands of Nihoa, have slowly eroded and subsided, tomentosa) of the six species reported Necker, and Laysan. The land area for which today exist as small land masses from the Northwestern Hawaiian these three islands totals approximately or coral atolls that cover the remnants Islands. Critical habitat is not proposed 498 ha (1,232 ac). of the volcanic islands (Department of for Cenchrus agrimonioides in the The Northwestern Hawaiian Islands Geography 1998; U.S. Fish and Wildlife Northwestern Hawaiian Islands, because Service (USFWS) 1998). C. agrimonioides var. laysanensis has The NWHI are a chain of islands that not been seen in the wild for over extend along a linear path Nihoa rises approximately 274 meters center of the island. Lisianski Island is USFWS, pers. comm., 2000; USFWS (m) (900 feet (ft)) above sea level and 147 ha (364 ac) in size, but is bounded 1986). has an area of approximately 69 ha (171 to the north by an extensive reef system. One listed plant species was known ac). Its steep topography and crater A central lagoon once found on this from Kure Atoll (Cenchrus shape reveal its volcanic origin. Necker island has filled with sand. Pearl and agrimonioides var. laysanensis), three Island, less than 92 m (300 ft) in Hermes Reef, an inundated atoll, were known from Laysan (Cenchrus elevation and 19 ha (46 ac) in area, includes nearly 40,469 ha (100,000 ac) agrimonioides var. laysanensis, consists of thin-layered weathered lava of submerged reef and seven small Mariscus pennatiformis and Pritchardia flows. La Perouse Pinnacles at French sandy islets totaling less than 34 ha (85 remota), one from Midway (Cenchrus Frigate Shoals and Gardner Pinnacles ac). Midway Atoll is approximately 8 agrimonioides var. laysanensis), four are the last exposed volcanic remnants km (5 mi) in diameter and includes from Nihoa (Amaranthus brownii, in the archipelago. French Frigate three islands: Sand, Eastern, and Spit. Pritchardia remota, Schiedea verticillata Shoals is a crescent shaped atoll nearly Both Sand and Eastern islands are and Sesbania tomentosa) and one from 29 km (18 mi) across. More than a dozen highly altered by man. Kure Atoll is the Necker (Sesbania tomentosa) (Table 1). small sandy islands dot the fringes of northernmost exposed land in the Nihoa (209 km (140 mi) from Niihau) this atoll. Maro Reef is a largely Hawaiian archipelago. Two islands, and Necker (an additional 290 km (180 submerged area marked by breakers and Green and Sand, are found on the mi) beyond Nihoa) are closest to the a few pieces of coral that intermittently southern edge of the atoll and are main Hawaiian Islands. Both are small, protrude above the waterline. Laysan included in the Hawaii State Seabird residual fragments of volcanoes that Island is nearly 5.18 square kilometer Sanctuary System. Green Island was formed 7.2 and 10.3 million years ago (sq km) (2 square miles (sq mi)) in size altered considerably in the past and respectively
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