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Department of the Interior Vol. 78 Tuesday, No. 209 October 29, 2013 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for 15 Species on Hawaii Island; Final Rule VerDate Mar<15>2010 18:41 Oct 28, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29OCR3.SGM 29OCR3 mstockstill on DSK4VPTVN1PROD with RULES3 64638 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary provided additional information, Why we need to publish a rule. This clarifications, and suggestions to Fish and Wildlife Service is a final rule to list 15 species (13 improve this final rule. One shrimp peer plants, 1 insect (picture-wing fly), and 1 reviewer recommended further surveys 50 CFR Part 17 crustacean (anchialine pool shrimp)) for the anchialine pool shrimp, and a [Docket No. FWS–R1–ES–2012–0070; from the island of Hawaii, in the State second shrimp reviewer commented 4500030113] of Hawaii, as endangered species. In that we should proceed with caution addition, in this final rule, we also regarding listing the shrimp due to the RIN 1018–AY09 recognize a taxonomic change for one lack of biological information. A endangered plant species, and revise the response to all peer review comments is Endangered and Threatened Wildlife provided elsewhere in this final rule. and Plants; Determination of List of Endangered and Threatened Endangered Species Status for 15 Plants accordingly. The final critical habitat designation Species on Hawaii Island The basis for our action. Under the for Bidens micrantha ssp. ctenophylla, Act, we determine that a species is an Isodendrion pyrifolium, and AGENCY: Fish and Wildlife Service, endangered or threatened species based Mezoneuron kavaiense, as proposed in Interior. on any of five factors: (A) The present the Federal Register (77 FR 63928; ACTION: Final rule. or threatened destruction, modification, October 17, 2012), is still under or curtailment of its habitat or range; (B) development and undergoing agency SUMMARY: We, the U.S. Fish and overutilization for commercial, review. It will publish in the near future Wildlife Service (Service), determine recreational, scientific, or educational in the Federal Register under Docket endangered species status under the purposes; (C) disease or predation; (D) No. FWS–R1–ES–2013–0028. Endangered Species Act of 1973 (Act), the inadequacy of existing regulatory Previous Federal Actions as amended, for 15 species on the island mechanisms; or (E) other natural or of Hawaii. In addition, we are manmade factors affecting its continued Federal actions for these species prior recognizing a taxonomic change for one existence. We have determined that the to October 17, 2012, are outlined in our Hawaiian plant currently listed as an 15 Hawaii Island species are currently proposed rule (77 FR 63928), which was endangered species and revising the List in danger of extinction throughout all published on that date. Publication of of Endangered and Threatened Plants their ranges as the result of ongoing the proposed rule opened a 60-day accordingly. The effect of this regulation threats that include the destruction and comment period, which closed on is to conserve these species under the modification of habitat from nonnative December 17, 2012. In addition, we Act. feral ungulates (e.g., pigs, goats); published a public notice of the DATES: This rule is effective on competition with nonnative plant and proposed rule on October 20, 2012, in November 29, 2013. animal species; agricultural and urban the local Honolulu Star Advertiser, West development; wildfire, erosion, drought, ADDRESSES: This final rule is available Hawaii Today, and the Hawaii Tribune and hurricanes; climate change; on the Internet at http:// Herald newspapers. On April 30, 2013, predation and herbivory; the www.regulations.gov and http:// we published in the Federal Register a inadequacy of existing regulatory www.fws.gov/pacificislands. Comments document (78 FR 25243) that made mechanisms; human dumping of and materials received, as well as available and requested public nonnative fish and trash; small numbers supporting documentation used in comments on the draft economic of individuals and populations; preparing this final rule, are available analysis for the October 17, 2012, hybridization; the lack of reproduction for public inspection, by appointment, proposed critical habitat designation (77 in the wild; loss of host plants; and during normal business hours, at U.S. FR 63928); announced a public competition with nonnative tipulid flies Fish and Wildlife Service, Pacific information meeting and hearing to be (large crane flies). We fully considered Islands Fish and Wildlife Office, 300 held in Kailua-Kona, Hawaii Island, on comments from the public, including Ala Moana Boulevard, Room 3–122, May 15, 2013; and reopened the comments we received during a public Honolulu, HI 96850; by telephone at comment period on the October 17, hearing, and comments we received 808–792–9400; or by facsimile at 808– 2012, proposed rule for an additional 30 from peer reviewers, on the proposed 792–9581. days. This second comment period rule. closed on May 30, 2013. In total, we FOR FURTHER INFORMATION CONTACT: Peer reviewers support our methods. accepted public comments on the Loyal Mehrhoff, Field Supervisor, U.S. We obtained opinions from 11 October 17, 2012, proposed rule for 90 Fish and Wildlife Service, Pacific knowledgeable individuals with days. Islands Fish and Wildlife Office, 300 scientific expertise to review our Ala Moana Boulevard, Room 3–122, technical assumptions, to review our Background Honolulu, HI 96850; by telephone at analysis, and to determine whether or Hawaii Island Species Addressed in 808–792–9400; or by facsimile at 808– not we used the best available This Final Rule 792–9581. If you use a information. Nine (2 plant reviewers, 2 telecommunications device for the deaf picture-wing fly reviewers, and 5 of the The table below (Table 1) provides the (TDD), call the Federal Information 7 anchialine pool shrimp reviewers) of scientific name, common name, and Relay Service (FIRS) at 800–877–8339. these 11 peer reviewers generally listing status for the species that are the SUPPLEMENTARY INFORMATION: concurred with our methods and subjects of this final rule. VerDate Mar<15>2010 18:41 Oct 28, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR3.SGM 29OCR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations 64639 TABLE 1—THE HAWAII ISLAND SPECIES ADDRESSED IN THIS FINAL RULE [Note that many of the species share the same common name] Scientific name Common name(s) Listing status Plants: Bidens hillebrandiana ssp. hillebrandiana .............................................................. kookoolau ........................... Endangered. Bidens micrantha ssp. ctenophylla ......................................................................... kookoolau ........................... Endangered. Cyanea marksii ....................................................................................................... haha ................................... Endangered. Cyanea tritomantha ................................................................................................ aku ...................................... Endangered. Cyrtandra nanawaleensis ....................................................................................... haiwale ............................... Endangered. Cyrtandra wagneri .................................................................................................. haiwale ............................... Endangered. Mezoneuron kavaiense (taxonomic change accepted) (Formerly listed as uhiuhi .................................. Endangered—Listed in Caesalpinia kavaiense). 1986. Phyllostegia floribunda ........................................................................................... NCN 1 .................................. Endangered. Pittosporum hawaiiense ......................................................................................... hoawa, haawa .................... Endangered. Platydesma remyi ................................................................................................... NCN .................................... Endangered. Pritchardia lanigera ................................................................................................. loulu .................................... Endangered. Schiedea diffusa ssp. macraei ............................................................................... NCN .................................... Endangered. Schiedea hawaiiensis ............................................................................................. NCN .................................... Endangered. Stenogyne cranwelliae ........................................................................................... NCN .................................... Endangered. Animals: Drosophila digressa ................................................................................................ picture-wing fly ................... Endangered. Vetericaris chaceorum ............................................................................................ anchialine pool shrimp ....... Endangered 1 NCN = no common name. Taxonomic Change Since Listing for
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