54766 Federal Register / Vol. 67, No. 165 / Monday, August 26, 2002 / Proposed Rules

DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Paul of critical habitat would likely increase Henson, at the above address, phone the threats from vandalism or collection Fish and Wildlife Service 808/541–3441, facsimile 808/541–3470. of these species on the islands on which SUPPLEMENTARY INFORMATION: they occur. Critical habitat was not 50 CFR Part 17 proposed for six species (Acaena Background exigua, Cenchrus agrimonioides var. RIN 1018–AG71, 1018–AH70, 1018–AH08, On January 28, 2002, April 3, 2002, laysanensis, Cyanea copelandii ssp. 1018–AH09, 1018–AH02, and 1018–AI24 April 5, 2002, and May 14, 2002, the copelandii, Cyrtandra crenata, Melicope Service published revised proposed quadrangularis, and Ochrosia Endangered and Threatened Wildlife critical habitat designations and non- kilaueaensis) which had not been seen and Plants; Designations and Non- designations for plant species listed recently in the wild and for which no designations of Critical Habitat for under the Endangered Species Act of viable genetic material of these species Plant Species From the Islands of 1973, as amended (Act), known was known to exist. Kauai, Niihau, Maui, Kahoolawe, historically from the islands of Kauai Comments from the public regarding Molokai, Northwestern Hawaiian and Niihau, Maui and Kahoolawe, these proposed rules are sought, Islands, HI, and Oahu, HI Molokai, and the Northwestern especially regarding: Hawaiian Islands respectively (67 FR (1) The reasons why critical habitat AGENCY: Fish and Wildlife Service, 3940, 67 FR 15856, 67 FR 16492, and 67 for any of these species is prudent or not Interior. FR 34522). The original comment prudent as provided by section 4 of the ACTION: Proposed rules; reopening of periods closed on March 29, 2002, June Act and 50 CFR 424.12(a)(1); comment periods, extension of 3, 2002, June 4, 2002, and July 15, 2002, (2) The reasons why any particular comment period, availability of draft respectively. The comment periods for area should or should not be designated economic analyses. the proposed critical habitat as critical habitat for any of these designations and non-designations for species, as critical habitat is defined by SUMMARY: The U.S. Fish and Wildlife plant species known historically from section 3 of the Act (16 U.S.C. 1532 (5)); Service (Service) gives notice of the Kauai and Niihau, Maui and (3) Specific information on the reopening of the comment periods for Kahoolawe, Molokai, and the amount, distribution, and quality of the proposed designations and non- Northwestern Hawaiian Islands now habitat for the species, and what habitat designations of critical habitat for plant close on September 30, 2002. is essential to the conservation of the species on the islands of Kauai, Niihau, On July 15, 2002 (67 FR 46450), the species and why; Molokai, Maui, Kahoolawe, Service reopened the comment period (4) Land use practices and current or Northwestern Hawaiian Islands, Hawaii, and announced the public hearing on planned activities in the subject areas and Oahu. The new comment periods the proposed critical habitat designation and their possible impacts on proposed will allow all interested parties to and non-designation for plant species critical habitat; submit written comments on these known historically from Lanai. The (5) Any economic or other impacts proposals simultaneously. We are public hearing was held on August 1, resulting from the proposed seeking comments or suggestions from 2002, at the Lanai Public Library designations of critical habitat, the public, other concerned agencies, Meeting Room, Fraser Avenue, Lanai including any impacts on small entities, the scientific community, industry, or City, Lanai. The comment period for the energy development, low income any other interested parties concerning proposed critical habitat designation households, and local governments; the proposed critical habitat and non-designation for plant species (6) Economic and other potential designations. Comments already known historically from Lanai closes on values associated with designating submitted on the proposed critical August 30, 2002. critical habitat for the above plant habitat designations and associated draft The Service published proposed species such as those derived from non- economic analyses need not be critical habitat designations and non- consumptive uses (e.g., hiking, camping, resubmitted as they will be fully designations for plant species listed birding, enhanced watershed protection, considered in the final determinations. under the Act, known historically from increased soil retention, ‘‘existence the islands of Hawaii and Oahu on May values’’, and reductions in DATES: The comment periods for the 28, 2002 (67 FR 36968 and 67 FR administrative costs); proposed designations and non- 37108). The original comment periods (7) The appropriate methodology for designations of critical habitat for plant closed on July 29, 2002. The comment determining if the benefits of excluding species on the islands of Kauai, Niihau, periods on these two proposals now an area from critical habitat outweigh Molokai, Maui, Kahoolawe, close on September 30, 2002. the benefits of specifying the area as Northwestern Hawaiian Islands, Hawaii, The proposed rules propose critical habitat under section 4(b)(2) of and Oahu now close on September 30, designation of critical habitat for 83 the Act; 2002. Any comments received by the plant species from Kauai and Niihau; 61 (8) The effects of critical habitat closing date will be considered in the plant species from Maui and designation on Department of Defense final decisions on these proposals. Kahoolawe; 46 plant species from lands, and how it would affect military ADDRESSES: Comments and materials Molokai; 5 plant species from the activities; whether there will be a concerning these proposals should be Northwestern Hawaiian Islands; 47 significant impact on military readiness sent to the Field Supervisor, U.S. Fish plant species from the island of Hawaii; or national security if we designate and Wildlife Service, Pacific Islands and, 99 species from Oahu. Some of critical habitat on Department of Office, 300 Ala Moana Boulevard, Room these species are historically known Defense lands; and whether these lands 3–122, P.O. Box 50088, Honolulu, HI from more than one island. Critical should be excluded from the 96850. Comments and materials habitat was not proposed for seven designation under section 4(b)(2) of the received will be available for public species of loulu palm (Pritchardia Act; inspection, by appointment, during affinis, P. aylmer-robinsonii, P. kaalae, (9) Whether Department of Defense normal business hours at the above P. napaliensis, P. munroi, P. schattaueri, lands should be excluded from critical address. and P. viscosa) because the designation habitat based on an approved Integrated

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Natural Resource Management Plan Dated: August 15, 2002. address or by calling the Sustainable (INRMP); David P. Smith, Fisheries Division, Alaska Region, (10) Whether areas which are Acting Assistant Secretary for Fish and NMFS, at 907–586–7228. managed for the conservation of the Wildlife and Parks. FOR FURTHER INFORMATION CONTACT: Jay species should not be included in [FR Doc. 02–21627 Filed 8–23–02; 8:45 am] Ginter, 907–586–7172 or critical habitat because such areas do BILLING CODE 4310–55–P [email protected]. not meet the definition of critical habitat SUPPLEMENTARY INFORMATION: contained in section 3(5)(A)(i) of the Act; DEPARTMENT OF COMMERCE Background and Need for Action (11) Whether areas covered by an Management of the Pacific halibut approved conservation plan (e.g., National Oceanic and Atmospheric (hereafter halibut) fishery in and off Habitat Conservation Plans, Administration Alaska is based on an international Conservation Agreements, Safe Harbor agreement between Canada and the Agreements) should be excluded from 50 CFR Parts 300, 600 and 679 United States. This agreement, titled the critical habitat and if so, by what [Docket No. 020801186–2186–01; I.D. ‘‘Convention between United States of mechanism; and 053102D] America and Canada for the Preservation of the Halibut Fishery of (12) Whether areas should be RIN 0648–AQ09 excluded under section 4(b)(2) of the the Northern Pacific Ocean and Bering Act because critical habitat designation Pacific Halibut Fisheries; Subsistence Sea’’ (Convention), was signed at will impact other types of existing or Fishing Ottawa, Canada, on March 2, 1953, and future conservation partnerships that amended by the ‘‘Protocol Amending are beneficial to the species. AGENCY: National Marine Fisheries the Convention,’’ signed at Washington, Service (NMFS), National Oceanic and D.C., March 29, 1979. This Convention, In addition, we are seeking comments Atmospheric Administration (NOAA), administered by the International or suggestions on the associated draft Commerce. Pacific Halibut Commission (IPHC), is economic analyses of the proposed ACTION: Proposed rule; request for given effect in the United States by the critical habitat designations and non- comments. Halibut Act. Generally, fishery designations for plant species from management regulations governing the Kauai, Niihau, and Molokai. The draft SUMMARY: NMFS proposes regulations to halibut fisheries are developed by the economic analyses can be obtained from authorize a subsistence fishery for IPHC and recommended to the U.S. the Pacific Islands Office (see Pacific halibut in waters off Alaska. Secretary of State. When approved, ADDRESSES section). We will solicit These regulations are necessary to allow these regulations are published by public review and comment on the qualified persons to practice the long- NMFS in the Federal Register as annual associated draft economic analyses of term customary and traditional harvest management measures. For 2002, the the proposed critical habitat of Pacific halibut for food in a non- annual management measures were designations and non-designations for commercial manner. This action is published March 20, 2002 (67 FR plant species from Maui and intended to meet the conservation and 12885). Kahoolawe, Northwestern Hawaiian management requirements of the The Halibut Act also provides for the Islands, Oahu, and the island of Hawaii Northern Pacific Halibut Act of 1982 North Pacific Fishery Management in subsequent Federal Register notices. (Halibut Act) and the Magnuson-Stevens Council (Council) to develop halibut Reopening of the comment periods Fishery Conservation and Management fishery regulations, including limited simultaneously will provide the public Act (Magnuson-Stevens Act). access regulations, in its geographic area an opportunity to evaluate and DATES: Comments must be received at of concern that would apply to nationals comment on all of the areas proposed as the following address not later than or vessels of the U.S. (Halibut Act, critical habitat for each species, September 25, 2002. section 773(c)). Such an action by the particularly the species located on more ADDRESSES: Comments may be sent to Council is limited only to those than one island. The comment periods Sue Salveson, Assistant Regional regulations that are in addition to and for the proposed critical habitat Administrator, Sustainable Fisheries not in conflict with IPHC regulations, designations for plant species known Division, Alaska Region, NMFS P.O. and they must be approved and historically from Kauai and Niihau, Box 21668, Juneau, AK 99802–1668, implemented by the U.S. Secretary of Maui and Kahoolawe, Molokai, Attn: Lori Gravel-Durall. Hand or Commerce (Secretary). Any allocation of Northwestern Hawaiian Islands, island courier deliveries of comments may be halibut fishing privileges must be fair of Hawaii, and Oahu now close on sent to NMFS, Alaska Region, 709 West and equitable and consistent with other September 30, 2002. The comment 9th Street, Room 453, Juneau, AK applicable Federal law. This is the period for the proposed critical habitat 99801. Send comments on collection-of- authority under which the Council designation for plant species known information requirements to the same acted in October 2000, to adopt a historically from Lanai closes on August address and to the Office of Information subsistence halibut policy. 30, 2002 (67 FR 46450). Written and Regulatory Affairs, Office of The Council does not have a ‘‘fishery comments should be submitted to the Management and Budget, Washington, management plan’’ (FMP) for the halibut Service office listed in the ADDRESSES D.C. 20503 (Attn: NOAA Desk Officer). fishery. Hence, halibut fishery section. Comments also may be sent via management regulations developed by Author facsimile (fax) to 907–586–7465. the Council do not follow the FMP or Comments will not be accepted if FMP amendment procedures set out in The primary author of this notice is submitted via e-mail or the Internet. the Magnuson-Stevens Act. Instead, a Christa Russell (see ADDRESSES section). Copies of the environmental regulatory amendment process is Authority: The authority for this action is assessment/regulatory impact review followed. This process requires the Endangered Species Act of 1973 (16 (EA/RIR) prepared for this action are submission of the Council U.S.C. 1531 et seq.). available from NMFS at the above recommendation to the Secretary as a

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