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2009 Federal Register, 74 FR 11319; Centralized Library: U.S. Fish and Wildlife Service

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2009 Federal Register, 74 FR 11319; Centralized Library: U.S. Fish and Wildlife Service Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11319 FR 2895). The effective date of the rule DEPARTMENT OF THE INTERIOR mass, dividing the island into roughly was originally March 17, 2009, with a three geographic segments: West compliance date of July 15, 2009. Fish and Wildlife Service Molokai Mountain, East Molokai In accordance with the January 20, Mountain, and a volcano that formed 50 CFR Part 17 Kalaupapa Peninsula (Department of 2009 memorandum, 74 FR 4435, [FWS-R1-ES-2008-0016; MO 9221050083-B2] Geography 1998, pp. 11, 13). January 26, 2009, from the Assistant to The taller and larger East Molokai the President and Chief of Staff, on RIN 1018-AV00 Mountain, which makes up eastern March 2, 2009 (74 FR 9172), FMCSA Molokai, rises 4,970 feet (ft) (1,514 sought comment on a proposal to extend Endangered and Threatened Wildlife meters (m)) above sea level on the the effective date of the final rule for 90 and Plants; Listing Phyllostegia island’s summit at Kamakou and days. FMCSA received five comments to hispida (No Common Name) as comprises roughly 50 percent of the the March 2 notice. All of the Endangered Throughout Its Range island’s land area (Department of commenters supported extending the AGENCY: Fish and Wildlife Service, Geography 1998, p. 11; Foote et al. effective date of the final rule for 90 Interior. 1972, p. 11). Phyllostegia hispida is known only from the wet forests of days, providing for a new comment ACTION: Final rule. period, and, if appropriate, eastern Molokai, at elevations from reconsidering the final rule based on SUMMARY: We, the U.S. Fish and 2,300 to 4,200 ft (700 to 1,280 m) any new information provided by the Wildlife Service (Service), determine (Wagner et al. 1999, p. 819). The wet comments. Therefore, FMCSA extends endangered status under the forests where P. hispida has been the effective date of its January 16, 2009, Endangered Species Act of 1973, as recorded are found only on the final rule from March 17, 2009, to June amended (Act), for Phyllostegia hispida windward side of East Molokai, which 15, 2009. This will provide us sufficient (no common name), a plant species from differs topographically from the leeward side. Precipitous cliffs line the northern time to address issues that have been the island of Molokai in the Hawaiian windward coast, with deep inaccessible raised about whether the new rule will Islands. This final rule implements the Federal protections provided by the Act valleys dissecting the coastline. The make it more difficult for us to enforce annual rainfall on the windward side our requirements concerning safety and for this species. We have also determined that critical habitat for P. ranges from 75 to over 150 inches (in) access for individuals with disabilities. hispida is prudent but not determinable (200 to over 375 centimeters (cm)), Although we believe the final rule fully at this time. distributed throughout the year. The addressed these issues, in light of the DATES: This rule becomes effective April soils are poorly drained and high in Assistant to the President and Chief of 16, 2009. organic matter. The gulches and valleys Staff’s memorandum, we are delaying are usually very steep, but sometimes ADDRESSES: This final rule is available the effective date of the final rule to gently sloping (Foote et al. 1972, p. 14). on the Internet at http:// allow the Agency the opportunity for The native habitats and vegetation of www.regulations.gov and http:// further review and consideration of the Hawaiian Islands have undergone www.fws.gov/pacificislands. Comments these issues. extreme alterations because of past and and materials received, as well as present land use, as well as the List of Subjects supporting documentation used in the intentional or inadvertent introduction preparation of this rule, will be 49 CFR Part 356 of nonnative animal and plant species. available for public inspection, by Introduced mammals, particularly feral Administrative practice and appointment, during normal business pigs (Sus scrofa), have greatly affected hours at: U.S. Fish and Wildlife Service, procedure, Routing, Motor carriers. native Hawaiian plant communities. Pacific Islands Fish and Wildlife Office, Feral pigs have been described as the 49 CFR Part 365 300 Ala Moana Boulevard, Room 3-122, most pervasive and disruptive Box 50088, Honolulu, HI 96850; nonnative influence on the unique Administrative practice and telephone, 808-792-9400; facsimile, 808- native forests of the Hawaiian Islands, procedure, Brokers, Buses, Freight 792-9581. and are widely recognized as one of the forwarders, Motor carriers, Moving of FOR FURTHER INFORMATION CONTACT: greatest threats to forest ecosystems in household goods, Reporting and Patrick Leonard, Field Supervisor, Hawaii today (Aplet et al. 1991, p. 56; recordkeeping requirements. Pacific Islands Fish and Wildlife Office Anderson and Stone 1993, p. 195; Loope 49 CFR Part 374 (see ADDRESSES section). If you use a 1998, p. 752). Introduced (nonnative) telecommunications device for the deaf plant species, which now comprise Aged, Blind, Buses, Civil rights, (TDD), call the Federal Information approximately half of the plant taxa in Freight, Individuals with disabilities, Relay Service (FIRS) at 800-877-8339. the islands, have come to dominate Motor carriers, Smoking. SUPPLEMENTARY INFORMATION: many Hawaiian ecosystems, and frequently outcompete native plants for Issued on: March 12, 2009. Background space, light, water, and nutrients, as Rose A. McMurray, Phyllostegia hispida is known only well as alter ecosystem function, Acting Deputy Administrator. from the island of Molokai, Hawaii, rendering habitats unsuitable for native [FR Doc. E9–5778 Filed 3–16–09; 8:45 am] where 24 wild and 214 outplanted species (Cuddihy and Stone 1990, pp. BILLING CODE 4910–EX–P individuals currently exist. Molokai is 73-91; Vitousek et al. 1997, p. 6). approximately 38 miles (mi) (61 The plant Phyllostegia hispida has kilometers (km)) long and up to 10 mi only a few recorded occurrences and (16 km) wide, and encompasses an area until recently was thought to be extinct of about 260 square (sq) mi (674 sq km) in the wild. Alterations of the plant’s (Foote et al. 1972, p. 11; Department of native habitat by feral pigs and Geography 1998, p. 13). Three shield nonnative plants have been the primary volcanoes make up most of the land threats to P. hispida, in conjunction VerDate Nov<24>2008 14:14 Mar 16, 2009 Jkt 217001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1 dwashington3 on PROD1PC60 with RULES 11320 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations with the threat of predation by feral (Lamiaceae), P. hispida is a loosely In November 1996, TNCH erected an pigs, competition with nonnative plants, spreading, many-branched vine that exclosure around the Pepeopae and more recently the negative often forms large, tangled masses. Boardwalk individual and began demographic and genetic consequences Leaves are thin and flaccid with hispid frequent, recurrent weeding and of extremely small population size, as hairs (rough with firm, stiff hairs) and monitoring within the fenced area well as the consequent vulnerability to glands. The leaf margins are irregularly (TNCH 1997a, p. 2). They also built an extinction through deterministic or and shallowly lobed. Six to eight white exclosure approximately 656 ft (200 m) stochastic (chance) events. flowers make up each verticillaster (a away for future outplantings of false whorl, composed of a pair of propagated individuals. Plants grown Previous Federal Actions nearly sessile cymes (a flat-topped or from leaf buds collected from the We first identified Phyllostegia round-topped flower cluster) in the axils Pepeopae Boardwalk plant were hispida as a candidate for listing in the of opposite leaves or bracts), and nutlets outplanted into the exclosure in September 19, 1997, Notice of Review of are approximately 0.1 inches (in) (2.5 December 1997 (TNCH 1998a, p. 7). Plant and Animal Taxa that are millimeters (mm)) long (Wagner et al. They survived through 1998 (TNCH Candidates or Proposed for Listing as 1999, pp. 817-819). No life history 1998b, Appendix 1, dot 28), but have Endangered or Threatened Species information is currently available on since been confirmed dead (Aruch 2006; (Notice of Review) (62 FR 49397). this species. Misaki 2006). Candidates are those taxa for which we The few documented specimens of The Pepeopae Boardwalk individual have on file sufficient information on Phyllostegia hispida have typically been died in 1998 or 1999 (HBMP 2005), and biological vulnerability and threats to found in wet Metrosideros polymorpha the wild plant and outplantings in Puu support preparation of a listing (ohia)–dominated forest, with most at an Alii NAR, which may possibly have proposal, but for which development of elevation between 3,650 and 4,200 ft been Phyllostegia manni and not P. a listing regulation is precluded by other (1,112 and 1,280 m). Associated native hispida (see above; the question of higher priority listing activities. species include Cheirodendron taxonomic identity was never resolved), On May 4, 2004, the Center for trigynum (olapa), Ilex anomala (aiae), died several years ago (Perlman 2005; Biological Diversity petitioned the Cibotium glaucum (hapuu), Broussaisia Wood 2005; Hughes 2006b). The Service to list 225 species of plants and argutus (kanawao), Rubus hawaiensis University of Hawaii’s Lyon Arboretum animals as endangered under the (akala), Sadleria cyatheoides (amau), has material from the individual that provisions of the Act (16 U.S.C. 1531 et Pipturus albidus (mamaki), Nertera was growing along the Puu Alii fence seq.), including Phyllostegia hispida. In granadensis (makole), Athyrium and from the Pepeopae Boardwalk our Notice of Review, dated September microphyllum (no common name), individual in micropropagation (U.S.
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