Vol. 77 Wednesday, No. 201 October 17, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species; Proposed Rule VerDate Mar<15>2010 19:51 Oct 16, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17OCP2.SGM 17OCP2 srobinson on DSK4SPTVN1PROD with 63928 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR Wildlife Service; 4401 N. Fairfax Drive, These species co-occur with Bidens MS 2042–PDM; Arlington, VA 22203. micrantha ssp. ctenophylla in the same Fish and Wildlife Service We will post all comments on http:// lowland dry ecosystem, but do not have www.regulations.gov. This generally designated critical habitat on Hawaii 50 CFR Part 17 means that we will post any personal Island. We are also correcting critical [Docket Number FWS–R1–ES–2012–0070: information you provide us (see the habitat unit maps for Cyanea shipmanii, 4500030113] Public Comments section below for Phyllostegia racemosa, Phyllostegia more information). velutina, and Plantago hawaiensis to RIN 1018–AY09 The coordinates or plot points or both accurately reflect the designated critical from which the maps were generated are Endangered and Threatened Wildlife habitat units for those plant species. included in the administrative record and Plants; Listing 15 Species on These map corrections do not change for the proposed critical habitat Hawaii Island as Endangered and the designated critical habitat for these designation and are available at http:// Designating Critical Habitat for 3 plants. For the remaining 14 species that www.fws.gov/pacificislands, http:// Species we are proposing to list in this rule, we www.regulations.gov at Docket No. find that critical habitat is not AGENCY: Fish and Wildlife Service, FWS–R1–ES–2011–0070, and at the determinable at this time. This proposed Interior. Pacific Islands Fish and Wildlife Office rule is organized by ecosystem, which ACTION: Proposed rule. (see FOR FURTHER INFORMATION CONTACT). will allow the Service to better Any additional tools or supporting prioritize, direct, and focus conservation SUMMARY: We, the U.S. Fish and information that we may develop for and recovery actions on Hawaii Island. Wildlife Service (Service), propose to this critical habitat designation will also The basis for our action. Under the list 15 species on the Hawaiian island be available at the above locations. Endangered Species Act, a species may of Hawaii as endangered species under FOR FURTHER INFORMATION CONTACT: be determined to be an endangered the Endangered Species Act of 1973, as Loyal Mehrhoff, Field Supervisor, species or a threatened species based on amended (Act), and to designate critical Pacific Islands Fish and Wildlife Office, any of five factors: (1) Destruction, habitat for 1 of these species. For the 300 Ala Moana Boulevard, Box 50088, modification, or curtailment of its remaining 14 species that we are Honolulu, HI 96850; by telephone at habitat or range; (2) Overuse; (3) Disease proposing to list in this rule, we find 808–792–9400; or by facsimile at 808– or predation; (4) Inadequate existing that critical habitat is not determinable 792–9581. If you use a regulations; or (5) Other natural or at this time. We also propose to telecommunications device for the deaf manmade factors. designate critical habitat for two plant (TDD), call the Federal Information One or more of the species proposed species that were listed as endangered Relay Service (FIRS) at 800–877–8339. for listing in this rule face the following species in 1986 and 1994. The proposed SUPPLEMENTARY INFORMATION: threats related to these criteria: critical habitat designation totals 18,766 • Habitat loss and degradation due to acres (ac) (7,597 hectares (ha)), and Executive Summary agriculture and urban development; includes both occupied and unoccupied Why we need to publish a rule. Under nonnative feral ungulates (e.g., pigs, habitat. Approximately 55 percent of the the Act, we are required to list a species goats) and plants; wildfire; hurricanes; area being proposed as critical habitat is if we determine that it meets the flooding; and drought. already designated as critical habitat for definition of an endangered species or a • Predation or herbivory by nonnative 42 plants and the Blackburn’s sphinx threatened species as defined in the Act. feral ungulates, rats, snails, and slugs. moth (Manduca blackburni). In If this determination is made, we • Inadequate existing regulatory addition, we propose a taxonomic publish a proposed rule in the Federal mechanisms to prevent the introduction change for one endangered plant Register, seek public comment on our and spread of nonnative plants and species. proposal, and issue a final rule. This animals. DATES: We will accept comments action consists of a proposed rule to list • Small number of individuals and received on or postmarked on or before 15 species (13 plants, 1 insect (picture- populations, and lack of reproduction in December 17, 2012. Please note that if wing fly), and 1 crustacean (anchialine the wild. you are using the Federal eRulemaking pool shrimp)) from the Island of Hawaii This rule proposes to designate Portal (See ADDRESSES section below), in the State of Hawaii, as endangered. critical habitat for 3 plant species. the deadline for submitting an Further, under the Act, we are to • Approximately 18,766 acres (7,597 electronic comment is 11:59 p.m. designate critical habitat to the hectares) is being proposed as critical Eastern Time on this date. We must maximum extent prudent and habitat in seven multi-species critical receive requests for public hearings, in determinable concurrently with a listing habitat units on lands owned by the writing, at the address shown in the FOR determination. We are proposing to U.S. National Park Service, State of FURTHER INFORMATION CONTACT section designate critical habitat concurrently Hawaii, County of Hawaii, and private by December 3, 2012. with listing for the plant Bidens interests. ADDRESSES: You may submit comments micrantha ssp. ctenophylla, due to the • Approximately 55 percent, or by one of the following methods: imminent threat of urban development 10,304 acres (4,170 hectares), of the area • Federal eRulemaking Portal: http:// to 98 percent of the individuals known being proposed as critical habitat www.regulations.gov. Search for for this species and its habitat within overlaps with areas already designated FWS¥R1–ES–2012–0070, which is the the lowland dry ecosystem. In addition, as critical habitat for previously listed docket number for this proposed rule. we are proposing to designate critical plant and animal species. You may submit a comment by clicking habitat for two previously listed plant • Approximately 45 percent, or 8,464 on ‘‘Comment Now!’’ species. Isodendrion pyrifolium, listed acres (3,426 hectares), of the area does • U.S. Mail or Hand Delivery: Public as an endangered species on March 4, not overlap with areas already Comments Processing, Attn: FWS–R1– 1994 (59 FR 10305), and Mezoneuron designated as critical habitat for ES–2012–0070; Division of Policy and kavaiense, listed as an endangered previously listed plant and animal Directives Management; U.S. Fish and species on July 8, 1986 (51 FR 24672). species. VerDate Mar<15>2010 19:51 Oct 16, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\17OCP2.SGM 17OCP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Proposed Rules 63929 • The proposed critical habitat units of the existing regulations that may be exclude an area from critical habitat if encompass areas containing physical addressing those threats. he or she determines that the benefits of and biological features essential to the (2) Additional information concerning such exclusion outweigh the benefits of conservation of these species and that the range, distribution, and population including that particular area as critical may require special management sizes of each of the 15 species proposed habitat, unless failure to designate that considerations, or are otherwise for listing, including the locations of specific area as critical habitat will essential for the conservation of these any additional populations of these result in the extinction of the species. species. species. We request specific information on: • The proposed designation includes (3) Any information on the biological • The benefits of and supporting both occupied and unoccupied critical or ecological requirements of the 15 rationale for including specific areas in habitat for the three species for which species proposed for listing. the final designation; we are proposing to designate critical (4) Current or planned activities • The benefits of and supporting habitat. within the area being proposed for rationale for excluding specific areas • The Secretary may exclude an area critical habitat and possible impacts to from the final designation; and from critical habitat if the benefits of these activities. • Whether any specific exclusions exclusion outweigh the benefits of (5) The reasons why we should or may result in the extinction of the designation, unless the exclusion will should not designate areas for Bidens species, and why. result in the extinction of the species. micrantha ssp. ctenophylla, (9) Whether the private and State We are considering excluding Mezoneuron kavaiense (taxonomic lands being considered for exclusion approximately 4,102 acres of privately revision proposed for Caesalpinia from critical habitat designation under owned and State lands from the critical kavaiense to Mezoneuron kavaiense), section 4(b)(2) of the Act should or habitat designation. and Isodendrion pyrifolium as ‘‘critical should not be excluded, and why. We are preparing an economic habitat’’ under section 4 of the (10) Information on the projected and analysis of the proposed critical habitat Endangered Species Act of 1973, as reasonably likely impact of climate designation.