Vol. 77 Monday, No. 112 June 11, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species; Proposed Rule VerDate Mar<15>2010 21:18 Jun 08, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11JNP2.SGM 11JNP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS6 34464 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR writing, at the address shown in the FOR • Reaffirm the listing for two listed FURTHER INFORMATION CONTACT section plants with taxonomic changes. Fish and Wildlife Service by July 26, 2012. • Designate critical habitat for 37 of ADDRESSES: You may submit comments the 38 proposed species and for the two 50 CFR Part 17 by one of the following methods: listed plants with taxonomic changes. • • Revise designated critical habitat [Docket No. FWS–R1–ES–2011–0098; MO Federal eRulemaking Portal: http:// 92210–0–0009] www.regulations.gov. Search for FWS– for 85 listed plants. R1–ES–2011–0098, which is the docket • Designate critical habitat for 11 RIN 1018–AX14 number for this proposed rule. listed plants and animals that do not • U.S. mail or hand delivery: Public have designated critical habitat on these Endangered and Threatened Wildlife Comments Processing, Attn: FWS–R1– islands. and Plants; Listing 38 Species on ES–2011–0098; Division of Policy and One or more of the 38 proposed Molokai, Lanai, and Maui as Directives Management; U.S. Fish and species are threatened by: Endangered and Designating Critical Wildlife Service; 4401 N. Fairfax Drive, • Habitat loss and degradation due to Habitat on Molokai, Lanai, Maui, and MS 2042–PDM; Arlington, VA 22203. agriculture and urban development, Kahoolawe for 135 Species We will post all comments on http:// nonnative feral ungulates (e.g., pigs, AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally goats, axis deer) and plants, wildfire, Interior. means that we will post any personal hurricanes, flooding, and drought. information you provide us (see the • Predation or herbivory by nonnative ACTION: Proposed rule. Public Comments section below for feral ungulates, rats, snails, and slugs. • SUMMARY: We, the U.S. Fish and more information). Inadequate existing regulatory Wildlife Service (Service), propose to FOR FURTHER INFORMATION CONTACT: mechanisms that prevent the list 38 species on the Hawaiian Islands Loyal Mehrhoff, Field Supervisor, introduction and spread of nonnative of Molokai, Lanai, and Maui as Pacific Islands Fish and Wildlife Office, plants and animals. • Small number of individuals and endangered under the Endangered 300 Ala Moana Boulevard, Box 50088, populations, and lack of reproduction in Species Act of 1973, as amended (Act). Honolulu, HI 96850; by telephone at the wild. We are also reaffirming the listing of 808–792–9400; or by facsimile at 808– This rule proposes critical habitat for two endemic Hawaiian plants currently 792–9581. If you use a 50 species and proposes critical habitat listed as endangered. We propose to telecommunications device for the deaf (TDD), call the Federal Information revisions for 85 listed plants: designate critical habitat for 39 of these • A total of 271,062 acres is proposed 40 plant and animal species. Critical Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: as critical habitat. Approximately 47 habitat is not determinable for the plant percent, or 127,407 acres, of the area Cyanea mauiensis. In this document, we Executive Summary being proposed as critical habitat is also propose to designate critical habitat Why we need to publish a rule. This already designated as critical habitat for for 11 previously listed plant and previously listed plant and animal animal species that do not have is a proposed rule to list 38 species (35 plants and 3 tree snails) from the island species. Therefore, 53 percent, or designated critical habitat, and propose 143,655 acres, of the proposed area is to revise critical habitat for 85 plant cluster of Maui Nui (Molokai, Lanai, Maui, and Kahoolawe) in the State of newly proposed critical habitat. species that are already listed as • The proposed critical habitat units endangered or threatened. The proposed Hawaii as endangered, and concurrently designate 271,062 acres as critical are ecosystem-based and encompass critical habitat designation totals areas essential for the conservation of 271,062 acres (ac) (109,695 hectares habitat. In this proposed rule, we are also proposing to revise critical habitat multiple species. (ha)) on the islands of Molokai, Lanai, • for 85 plants and proposing to designate The proposed designation includes Maui, and Kahoolawe (collectively both occupied and unoccupied critical called Maui Nui), and includes both critical habitat for 11 listed plants and animals that do not have designated habitat, although those areas are not occupied and unoccupied habitat. differentiated in the proposed rule or on Approximately 47 percent of the area critical habitat on these islands. Under the Endangered Species Act, we must the maps. being proposed as critical habitat is • issue a rule to list a species as We are considering excluding already designated as critical habitat for endangered or threatened and, approximately 40,973 acres of privately the 85 plant species or other species. We concurrently, designate critical habitat owned lands on Maui and Molokai. also propose to delist the plant Gahnia at the time a species is listed as These privately owned lands include lanaiensis, due to new information that threatened or endangered. We may, as The Nature Conservancy preserves, this species is synonymous with G. appropriate, revise critical habitat lands owned by East Maui Irrigation lacera, a widespread species from New designations. If adopted as proposed, Company, Haleakala Ranch, Maui Land Zealand. In addition, we propose name this rule would establish an integrated, and Pineapple Company, and changes or corrections for 11 comprehensive, ecosystem-based Ulupalakua Ranch. endangered plants and 2 endangered critical habitat designation, which • We are proposing critical habitat on birds, and taxonomic revisions for 2 would allow the Service to better lands owned by the U.S. Coast Guard, endangered plant species. prioritize, direct, and focus conservation U.S. National Park Service, State of DATES: We will consider comments and recovery actions. Hawaii, County of Maui, and private received on or postmarked on or before As part of a settlement agreement, we interests. August 10, 2012. Please note that if you agreed to submit to the Federal Register The basis for our action. Under the are using the Federal eRulemaking a proposed rule for Maui Nui candidate Endangered Species Act, we must issue Portal (see ADDRESSES section below), species in fiscal year 2012. This action a rule to list a species as endangered or the deadline for submitting an complies with the agreement. threatened and, concurrently, designate electronic comment is 11:59 p.m. This rule proposes the following: critical habitat. We may, as appropriate, Eastern Time on this date. We must • List 38 plants and animals as revise critical habitat designations. We receive requests for public hearings, in endangered species. are required to list species solely on the VerDate Mar<15>2010 21:18 Jun 08, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11JNP2.SGM 11JNP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS6 Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Proposed Rules 34465 basis of the best available scientific and 2 birds); and revise the critical habitat critical habitat. We are particularly commercial data available. A critical designation for 85 plant species on the interested in any impacts on small habitat designation must be based on islands of Molokai, Lanai, Maui, and entities, and the benefits of including or the best available scientific data after Kahoolawe. We particularly seek excluding areas that may experience taking into consideration economic and comments concerning: these impacts. other impacts. We can exclude an area (1) Biological, commercial trade, or (9) Whether the benefits of excluding from critical habitat if the benefits of other relevant data concerning threats any particular area from critical habitat exclusion outweigh the benefits of (or the lack thereof) to the 40 species outweigh the benefits of including that designation, unless the exclusion will proposed or reevaluated for listing, and area as critical habitat under section result in the extinction of the species. regulations that may be addressing those 4(b)(2) of the Act, after considering the We are preparing an economic threats. potential impacts and benefits of the analysis. To ensure that we consider the (2) Additional information concerning proposed critical habitat designation. economic impacts of the proposed the range, distribution, and population Under section 4(b)(2), the Secretary may critical habitat designation, we are sizes of each of the 40 species proposed exclude an area from critical habitat if preparing an economic analysis that or reevaluated for listing, including the he or she determines that the benefits of will: locations of any additional populations such exclusion outweigh the benefits of • Rely on information from previous of these species. including that particular area as critical economic analyses that were prepared (3) Any information on the biological habitat, unless failure to designate that to evaluate the economic impact of or ecological requirements of the 40 specific area as critical habitat will critical habitat designation in the areas species proposed or reevaluated for result in the extinction of the species. of Molokai, Lanai, Maui, and Kahoolawe listing. We request specific information on: that are currently designated as critical (4) The reasons why we should or • The benefits of including specific habitat (47 percent of the proposed should not designate areas for any of the areas in the final designation and designation).