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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

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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. 12, 2006 (71 FR 53756), we retained a Elaphoglossum fauriei (no common Fish and Wildlife Service 2005). listing priority number of 2 for this name), and bryophytes (Hawaii Surveys have been conducted in the species, in accordance with our priority Biodiversity and Mapping Program wet forests of east Molokai, but no guidance published on September 21, (HBMP) 2007). additional Phyllostegia hispida plants 1983 (48 FR 43098). A listing priority of From 1910 through 1979, a total of 8 were found. The species was thought to 2 reflects threats that are both imminent occurrences of Phyllostegia hispida have been extirpated from the wild until and high in magnitude, as well as the were recorded from the wet forests of 2005, when two seedlings were found in taxonomic classification of P. hispida as eastern Molokai (HBMP 2007). None of a Hanalilolilo stream bank in Kamakou a full species. We determined that these historical occurrences have been Preserve, indicating the possible publication of a proposed rule to list the relocated during surveys conducted in presence of a mature plant, or plants, species was precluded by our work on the wet forests of east Molokai over the somewhere in the vicinity (TNCH higher priority listing actions during the past several years (The Nature 1997b, pp. 1-19; Perlman 2005; Perlman period from May 2, 2005, through Conservancy of Hawaii (TNCH) 1997b, 2006a; Wood 2006). One of the August 23, 2006 (71 FR 53756). pp. 1-19; Perlman 2006a). In 1996, two seedlings was collected by a botanist However, we have since completed adult plants were found in eastern with HBMP and provided to Lyon those actions. As such, we had available Molokai within TNCH’s Kamakou Arboretum in Honolulu, which in turn resources to propose to list this species. Preserve, one next to the Pepeopae provided it to Kalaupapa National On February 19, 2008, we published Boardwalk and the other east of Historic Park (KNHP) on Molokai for a proposed rule to list Phyllostegia Hanalilolilo growing along the fence attempted propagation. That plant has hispida as endangered throughout its within the State of Hawaii’s Puu Alii since died (Hughes 2006a; Garnett range (73 FR 9078). We solicited data Natural Area Reserve (NAR). In 1997, a 2006). The other seedling was collected and comments from the public on the single Phyllostegia individual was by a botanist with the National tropical proposed rule. The comment period discovered on the rim of Pelekunu Botanic Gardens. Cuttings were opened on February 19, 2008, and Valley in the Puu Alii NAR (HBMP propagated from this seedling and closed on April 21, 2008. 2005; TNCH 1997b, p. 6). There is some providedto KNHP (Perlman 2006b). uncertainty, however, as to whether this Plants grown from these cuttings have Species Information individual was P. hispida, as it was since been outplanted into TNCH’s Phyllostegia hispida was first identified as P. manni by Hawaii Kamakou Preserve (see below). described by William Hillebrand in Division of Forestry and Wildlife Phyllostegia hispida was again 1870 from a specimen collected from an (DOFAW) staff, based upon the size and thought to be extirpated from the wild area that he described as the ‘‘heights of lobing of its leaves (Hobdy 2006; Lau until a single juvenile plant was Mopulehu’’ on the island of Molokai 2006; Nohara 2006). This individual discovered in May 2006 within the Puu (see ‘‘Type Description,’’ Smithsonian plant was protected from feral ungulates Alii NAR along the Puu Alii fenceline Institution and National Tropical inside a fenced exclosure. Seeds were at 4,100 ft (1,250 m) elevation (Perlman Botanical Garden 2008), and is collected, and seedlings were produced 2006b). Although protected within a 10- recognized as a distinct taxon in Wagner by DOFAW and outplanted into the ft (3-m) diameter fenced exclosure et al. (1999, pp. 817-819). A non- exclosure with the wild plant (Nohara (Stevens 2006), that individual has died aromatic member of the mint family 2006). for unknown reasons (Oppenheimer

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2007). However, 10 new wild plants the proposal. Newspaper notices recreational, scientific, or educational were discovered in April 2007: 9 within inviting general public comment were purposes; (C) disease or predation; (D) Kamakou Preserve and 1 within Puu published in the Honolulu Advertiser the inadequacy of existing regulatory Alii NAR. Four of the individuals found and Molokai Advertiser News. We did mechanisms; or (E) other natural or within Kamakou Preserve were not receive any requests for a public manmade factors affecting its continued seedlings that were closely clustered hearing. existence. Listing actions may be next to a fenceline. These were During the comment period for the warranted based on any of the above protected with temporary fencing; proposed rule, we received one written threat factors, singly or in combination. however, two of these individuals are public comment in support of listing Each of these factors is discussed below. now dead. Two of the remaining eight Phyllostegia hispida with endangered A. The Present or Threatened wild individuals discovered in April status. In addition, the commenter Destruction, Modification, or 2007 are mature and have fruited and concurred with our assessment that feral Curtailment of its Habitat or Range produced seeds. Seeds and cuttings pigs and invasive, nonnative plants are have been removed from these both important and immediate threats to As with virtually every other native individuals for attempted cultivation Hawaii’s native plants and to P. hispida plant community in the islands, the wet (Oppenheimer 2008b). Other than the in particular. No further additional forests of Molokai where Phyllostegia two remaining seedlings that were information was offered beyond these hispida occurs have been affected by protected with temporary fencing, the statements of support; therefore we will introduced (nonnative) feral pigs and remainder of the wild individuals are not address this comment further here. introduced (nonnative) plants (DOFAW 1991, pp. 3, 14-23; TNCH 1994, pp. 6, not currently protected within Peer Review exclosures. 9-12; HBMP 2007). The poor Since April 2007, 15 additional In accordance with our peer review reproduction and survivorship of P. Phyllostegia hispida individuals have policy published on July 1, 1994 (59 FR hispida clearly indicate that the current been found within Kamakou Preserve 34270), we solicited expert opinion conditions are less than optimal for this while conducting Rubus argutus from seven individuals with scientific species, although we do not yet fully (Florida prickly blackberry) control trips expertise that included familiarity with understand the specific mechanisms (Oppenheimer 2008a,b; Oppenheimer Phyllostegia hispida and its habitat, that are undermining its viability. biological needs, and threats. We 2008d). Most of the remaining wild Feral Pigs individuals, which now number 24, are received written comments from two located on landslides or in windthrow experts, both of whom agreed with the European pigs, introduced to Hawaii areas (areas in which trees have been assessment that P. hispida meets the by Captain James Cook in 1778, uprooted or overthrown by wind) definition of an endangered species. In hybridized with domesticated (Oppenheimer 2008b,c). addition, both experts pointed out that Polynesian pigs, became feral, and In addition, several outplantings of while the continuing invasion of alien invaded forested areas, especially wet cultivated individuals have been plants and feral ungulates undoubtedly and mesic forests and dry areas at high completed within TNCH’s Kamakou poses threats to the species and its elevations. They are currently present Preserve as of April 2007. Twelve habitat, the limited area currently on Kauai, Niihau, Oahu, Molokai, Maui, individuals were outplanted into occupied by P. hispida has not yet and Hawaii. These introduced feral pigs exclosures in April 2007, and 11 of become highly modified by nonnative are extremely destructive and have both these were still doing well as of April plants and feral pigs, due to ongoing direct and indirect impacts on native 2008. Another 12 were outplanted in management by TNCH. The remaining plant communities. While rooting in the June 2007, all of which remained as of plants are found in a native-dominated earth in search of invertebrates and April 2008 (Oppenheimer 2008b). A plant community within TNCH’s plant material, feral pigs directly affect third outplanting of 6 plants was done Kamakou Preserve where control efforts native plants by disturbing and in August 2007 (Oppenheimer 2008b), for both alien plants and feral ungulates destroying vegetative cover, trampling another 124 individuals were are ongoing. Both experts also point out plants and seedlings, and possibly outplanted in August 2008 that they believe P. hispida may be reducing or eliminating plant (Oppenheimer 2008d), and 61 more dependent upon tree-fall openings in regeneration by damaging or eating were outplanted in September 2008 the canopy or similar disturbances that seeds and seedlings (further discussion (Oppenheimer 2008c), bringing the total provide increased sunlight for of predation is under Factor C, below). number of Phyllostegia hispida plants in germination. Information provided by Feral pigs are a major vector for the the wild to 24 naturally occurring and the peer reviewers has been establishment and spread of competing 214 outplanted individuals. One of the incorporated into this final rule. invasive, nonnative plant species, by wild individuals is located within Puu dispersing these plant seeds on their Summary of Factors Affecting the Alii NAR; all of the remaining hooves and coats as well as through Species individuals are located within Kamakou their digestive tracts, and by fertilizing Preserve. Section 4 of the Act and its the disturbed soil through their feces. implementing regulations (50 CFR 424) Feral pigs feed preferentially on the Summary of Comments and set forth the procedures for adding fruits of many nonnative plants, such as Recommendations species to the Federal Lists of Passiflora tarminiana (banana poka) and In the proposed rule published on Endangered and Threatened Wildlife Psidium cattleianum (strawberry guava), February 19, 2008 (73 FR 9078), we and Plants. A species may be thereby facilitating the spread of these requested that all interested parties determined to be an endangered or invasive species, and also contribute to submit written comments on the threatened species due to one or more erosion by clearing vegetation and proposal by April 21, 2008. We also of the five factors described in section creating large areas of disturbed soil, contacted appropriate Federal and State 4(a)(1) of the Act: (A) The present or especially on slopes (Aplet et al. 1991, agencies, scientific experts and threatened destruction, modification, or p. 56; Smith 1985, pp. 190, 192, 196, organizations, and other interested curtailment of its habitat or range; (B) 200, 204, 230-231; Stone 1985, pp. 254- parties and invited them to comment on overutilization for commercial, 255, 262-264; Medeiros et al. 1986, pp.

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27-28; Scott et al. 1986, pp. 360-361; the feral pig population must be (Oppenheimer 2007), and nonnative Tomich 1986, pp. 120-126; Cuddihy and removed annually before any decline in plants are likely to contribute to both of Stone 1990, pp. 64-65; Loope et al. numbers is observed (Hess et al. 2006, these conditions. Examples of some of 1991, pp. 1-21; Wagner et al. 1999, p. p. 39). The most intensive feral pig the nonnative plants documented in the 52). eradication programs in the Hawaiian areas formerly occupied by P. hispida Feral pigs are present in the wet forest Islands have taken years of continuous include Axonopus fissifolius (narrow- habitat formerly and currently inhabited effort to achieve effective control, even leaved carpetgrass), Clidemia hirta by Phyllostegia hispida within Puu Alii within fenced areas (Hess et al. 2006). (Koster’s curse), Erechtites valerianifolia NAR and Kamakou Preserve, and Even though two peer reviewers have (fireweed), Juncus effuses (Japanese mat although control efforts are underway, suggested that the habitat currently rush), Rubus rosifolius (thimbleberry), they continue to degrade the condition occupied by Phyllostegia hispida on and Sacciolepis indica (Glenwood of the forest there (DOFAW 1991, pp. 3, TNCH land has not yet been highly grass). Rubus rosifolius and R. argutus 14-23; TNCH 1994, pp. 6, 9-12; HBMP modified by feral pigs, due to the well- are scattered throughout the area in 2007). They are considered a major documented negative impacts of feral which P. hispida currently exists, and threat to native species and to the pigs on native Hawaiian plant are targets of control by TNCH staff in overall health of the watershed in which communities, the known habitat the area (Oppenheimer 2008a). Because P. hispida occurs (DOFAW 1991, pp. 3, degradation caused by feral pigs in the of demonstrated habitat modification 14-23; TNCH 1994, pp. 6, 9-12). habitat occupied by P. hispida, and the and resource competition by nonnative Significant management actions are continuing presence of feral pigs in the plant species in habitat similar to the directed at feral ungulate control in the limited area where P. hispida is found, wet forest habitat of P. hispida, and the area where P. hispida has been found we consider habitat modification and ongoing need for control of invasive within Puu Alii NAR and Kamakou degradation by feral pigs to be an nonnative plant species in the area Preserve on Molokai, such as large-scale immediate and ongoing threat to this currently occupied by P. hispida, we watershed fencing, construction of species throughout its range, and we consider habitat modification and ungulate exclosures around rare plants, have no indication that this threat is degradation by nonnative plants to be and hunting of feral pigs by both staff likely to be significantly ameliorated in an immediate and ongoing threat to this and the public (TNCH 1997a, pp. 2-3; the near future. species throughout its range. TNCH 1998a, pp. 1-2, 7; DOFAW 2000, To date, successful eradication or pp. 3, 12; HBMP 2007). When the Nonnative Plants individual P. hispida was discovered in Introduced, nonnative plant species control of invasive alien plants has only 1996 next to the boardwalk at Pepeopae, are a pervasive threat to the native flora been achieved on a very small scale, and TNCH noted signs of feral pig presence throughout the Hawaiian Islands. Of the then usually when control efforts have (e.g., droppings, evidence of rooting, current total of nearly 2,000 native and been initiated in the early stages of wallows) in the vicinity (HPMP 2007) naturalized plant taxa, approximately establishment (Mack and Lonsdale and immediately erected a fenced half are introduced, nonnative species 2002, p. 166). Many of the invasive, exclosure around the plant to protect it from other parts of the world, and nonnative plants in Hawaii are so (TNCH 1997a, pp. 2-3). Similarly, a nearly 100 of these are considered widespread and easily dispersed that fenced exclosure was erected around the invasive pest species (Smith 1985, p. some researchers question whether individual that was discovered within 180). On the Hawaiian Islands and other eradication is a realistic goal (e.g., Mack the Puu Alii NAR in 1997 to protect it tropical islands, studies have shown and Lonsdale 2002, p. 165). On average, from feral pigs (Nohara 2006). The that many of these introduced plant taxa 40 new plant species have been juvenile plant discovered within the outcompete and displace native plants, introduced to the Hawaiian Islands Puu Alii NAR in 2005 was immediately and often alter the habitat to the point every year over the past two centuries fenced to protect it from feral pigs that it is no longer suitable for the native (Loope 1998, p. 752). Although (Stevens 2006), as were four of the most plant species; these studies include managers are attempting to control recently discovered plants along the nonnative pest plants found in habitat nonnative plants, resources to support fenceline within Kamakou Preserve similar to that of Phyllostegia hispida such efforts are often limited (e.g., Holt (Oppenheimer 2007). Most of the wild (Smathers and Gardner 1978, pp. 274- 1992, p. 527), and invasive nonnative individuals, however, are not currently 275; Smith 1985, pp. 196, 206, 230; plants persist in most areas in spite of protected within exclosures, and despite Loope and Medeiros 1992, pp. 7-8; such efforts. In addition, the control of ongoing control efforts, feral pigs persist Medeiros et al. 1992, pp. 30-32; Ellshoff introduced ungulates such as feral pigs, in the range of P. hispida. et al. 1995, pp. 1-5; Meyer and Florence which contribute to the spread of alien Feral pigs have been described as the 1996, pp. 777-780; Medeiros et al. 1997, plant species, is viewed as a most pervasive and disruptive pp. 30-32; Loope et al. 2004, pp. 1472- prerequisite to the effective control of nonnative influence on the unique 1473). In particular, nonnative pest nonnative plants (e.g., Holt 1992, p. native forests of the Hawaiian Islands, plants may make habitat less suitable for 527). Therefore, due to the ubiquitous and are widely recognized as one of the native plants by modifying availability nature of the invasive plant problem in greatest current threats to forest of light, altering soil-water regimes, the Hawaiian Islands, the extreme ecosystems in Hawaii (Aplet et al. 1991, modifying nutrient cycling, or altering difficulty of eradicating invasive, p. 56; Anderson and Stone 1993, p. 195; fire characteristics of native plant nonnative plant species that have Loope 1998, pp. 752, 769-770). Feral communities (Smith 1985, pp. 206, 217, become widespread and well- pigs continue to persist despite control 225, 227-233; Cuddihy and Stone 1990, established, and the continuing efforts, and fencing protects individual p. 74). presence of introduced ungulates that plants only temporarily. Furthermore, Although there is no empirical contribute to the spread and the remote and rugged terrain of the evidence specific to Phyllostegia establishment of nonnative plants, we islands makes the long-term hispida due to the lack of research on have no indication that this threat to maintenance of fencing difficult. the species, scientists familiar with P. Phyllostegia hispida is likely to be Because of their high rate of hispida believe it does not handle either significantly reduced any time in the reproduction, more than 40 percent of shade or competition well near future.

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In summary, feral pigs contribute to occurring in the herbaceous understory one single plant occurs under these the modification and degradation of and subcanopy layer (Diong 1982, p. protections. This fact, in conjunction Phyllostegia hispida’s habitat by 160). Therefore, even though we have with the persistence of nonnative plants disturbing and destroying vegetative no evidence of direct browsing for P. and feral pigs, small population size, cover, trampling plants and seedlings, hispida, given the presence of feral pigs and limited number of reproductive reducing or eliminating plant in the area where P. hispida occurs, we individuals of the species remaining, regeneration by damaging or eating consider it likely that feral pigs may renders P. hispida vulnerable to seeds and seedlings, and increasing affect the species directly through extinction due to these threats despite erosion by creating large areas of bare predation. As described above under the protections on the Puu Alii NAR. soil. Feral pigs are also a major vector Factor A, due to the persistence of feral The threat of extinction is not posed, for the dispersal of invasive, nonnative pigs in the limited range of P. hispida however, by an inadequacy of regulatory plant species that pose a threat to in spite of control efforts, and the mechanisms on the NAR. The regulatory P.hispida. The presence of nonnative likelihood that their presence will mechanisms that provide for the control plant species contributes to the continue, we believe feral pigs pose an of threats to P. hispida on the Puu Alii modification and degradation of P. immediate and ongoing threat to the NAR appear to be adequate, but as the hispida’s habitat by modifying species throughout its range, and that success of these control efforts has yet availability of light, altering soil-water this threat is unlikely to be significantly to be realized, the threats continue at regimes, modifying nutrient cycling, reduced in the near future. present. and changing the fire characteristics of We find that where individuals of D. The Inadequacy of Existing the native plant community. Evidence Phyllostegia hispida are currently Regulatory Mechanisms suggests that P. hispida is negatively found, the inadequacy of regulatory affected by shade and competition, both Of the 238 known individuals of mechanisms does not pose a threat to conditions exacerbated by invasive Phyllostegia hispida, 24 wild and 214 the species. However, should the nonnative plants. We therefore find that recently outplanted, 237 occur on recovery of the species eventually habitat modification and degradation by TNCH’s Kamakou Preserve. TNCH require reintroductions in other areas, feral pigs and nonnative plants poses an manages this private land for the benefit this factor may pose a potential immediate and ongoing threat to of threatened and endangered species impediment to recovery. Phyllostegia hispida, despite the and ecosystems. The management efforts at TNCH’s Kamakou Preserve E. Other Natural or Manmade Factors occurrence of the species on protected Affecting Its Continued Existence lands, and we have no indication that include control of nonnative plants and this threat is likely to be significantly feral pigs, as well as fencing, all of One of the most significant threats to ameliorated in the near future. which benefit P. hispida. However, as Phyllostegia hispida is its extremely low noted in the discussion of Factor A numbers and highly restricted B. Overutilization for Commercial, above, the eradication of nonnative distribution. A total of 238 plants are Recreational, Scientific, or Educational plants and feral pigs, even within currently known to exist, 24 naturally Purposes fenced areas under active management, occurring and 214 outplanted. Only two Overutilization for commercial, is a difficult and extremely lengthy task. wild individuals are mature and have recreational, scientific, or educational The continuing presence of nonnative fruited and produced seeds. All of the purposes is not known to be a threat to plants and feral pigs within the fenced remaining individuals are young or only Phyllostegia hispida in any portion of area of the preserve, in concert with the recently established. Survivorship of its range, and as such is not addressed threat of very small population size and known wild individuals has been poor, in this rule. limited number of reproductive and although outplantings have been individuals, which will be discussed in attempted, none of these outplantings C. Disease or Predation Factor E, renders P. hispida vulnerable has yet proven successful for more than Because the native vegetation of to extinction due to these threats despite the short term. Although propagules of Hawaii evolved without any browsing beneficial management on the Kamakou P. hispida have been collected on an or grazing mammals present, many Preserve. The threat of extinction is not opportunistic basis and some controlled plant species do not have natural posed, however, by an inadequacy of propagation of the species has taken defenses against such impacts (Carlquist regulatory mechanisms on TNCH lands. place, there is no dedicated funding for 1980, pp. 173-175; Lamoureux 1994, pp. Only one known individual of propagation of the species and no 54-55). Native plants such as Phyllostegia hispida is found on State formal plan exists for outplanting and Phyllostegia hispida do not have lands, in the Puu Alii NAR. Hawaii reintroduction. physical or chemical adaptations, such Administrative Rules 13-209 provide Deterministic factors, such as habitat as thorns or noxious compounds, to protections for this single individual, alteration or loss of a key pollinator, protect them, thereby rendering them including a prohibition against removal, may have reduced this population to particularly vulnerable to predation by injury, or killing, and a prohibition such a small size that it is now feral pigs or other ungulates against the introduction of plants or susceptible to a stochastic extinction (Department of Geography 1998, pp. animals. The State has been working to event (Gilpin and Soule´ 1986, pp. 24- 137-138; Carlquist 1980, p. 175). fence greater areas of the NAR and to 25). Species that are known from few Browsing by ungulates has been eradicate feral pigs and nonnative plants wild individuals and are endemic to a observed on many other native plants, within the fenced areas, but this work single, small island are inherently more including common and rare or is not yet complete. As noted in the vulnerable to extinction than endangered species (Cuddihy and Stone discussion of Factor A above, the widespread species because of the 1990, pp. 64-65). In a study of feral pig eradication of nonnative plants and feral higher risks posed to a few populations populations in the Kipahulu Valley on pigs, even within fenced areas under and individuals by genetic bottlenecks, the island of Maui, feral pigs were active management, is a difficult and random demographic fluctuations, and observed feeding on at least 40 plant extremely lengthy task. Although some localized catastrophes, such as species in the rainforest ecosystem, 75 regulatory protections are in place on hurricanes and disease outbreaks percent of which were native plants the NAR that benefit P. hispida, only (Mangel and Tier 1994, pp. 607-614;

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Pimm et al. 1988, pp. 757-785). In the (Factor C). The pervasive nature of feral proposed critical habitat. If a species is case of Phyllostegia hispida, the entire pigs and invasive plants on the island listed subsequently, section 7(a)(2) of population of the species is small and of Molokai makes it unlikely that the Act requires Federal agencies to restricted to a highly localized control efforts will significantly reduce ensure that activities they authorize, geographic area, rendering it highly the degree of threat to the species fund, or carry out are not likely to vulnerable to the risk of extinction in anytime in the near future; therefore we jeopardize the continued existence of the wild due to the lack of redundancy find that these factors, in combination the species or destroy or adversely in populations. In addition, the lack of with the extremely low number of modify its critical habitat. If a Federal reproductive individuals and skewing of reproductive individuals and limited action may adversely affect a listed the population toward young plants distribution of the population, pose a species or its critical habitat, the poses a significant threat to the species, significant and immediate threat to P. responsible Federal agency must enter as recruitment may not be sufficient to hispida and place the species at current into formal consultation with the offset mortality in the population. These risk of extinction throughout its range. Service. consequences of small population size The Act defines an endangered For Phyllostegia hispida, Federal (e.g., insufficient natural reproduction, species as ‘‘any species which is in agency actions that may require loss of genetic diversity), in conjunction danger of extinction throughout all or a consultation as described in the with the risk of losing the entire significant portion of its range.’’ preceding paragraph include feral population in the wild due to factors Phyllostegia hispida is highly restricted ungulate removal or other management such as localized events (e.g., in its range, currently occurring only actions undertaken by the National Park hurricanes) and threats posed by within Puu Alii NAR and the Service within Puu Alii NAR; the ungulates, render the species highly immediately adjacent Kamakou Preserve provision of Federal funds to State and vulnerable to extinction at any time. on the island of Molokai. Based on the private entities through Federal Although some species are naturally immediate and ongoing significant programs, such as the Service’s Partners rare, the poor survivorship of P. hispida threats to P. hispida throughout its for Fish and Wildlife Program, State suggests that the requisite biological or entire limited range, as described above, Wildlife Grant Program, and Federal ecological needs of the species are not we consider the species P. hispida to be Aid in Wildlife Restoration Program; being met under current conditions. The in danger of extinction throughout all of and the various grants administered by reasons for the poor survivorship and its range. Therefore, we are listing P. the U.S. Department of Agriculture, lack of reproduction observed in this hispida as an endangered species under Natural Resources Conservation Service. species are not known. the Act. Because we determine that P. Other types of actions that may require All of these negative demographic hispida is endangered throughout all of consultation include U.S. Army Corps factors, as well as the vulnerability of its range, there is no reason to consider of Engineers activities, such as the extinction of the population from a its status in any significant portion of its construction or maintenance of catastrophic natural event, pose range. boardwalks and bridges subject to immediate and significant threats to the section 404 of the Clean Water Act (33 Available Conservation Measures species despite the fact that it currently U.S.C. 1344 et seq.). occurs on protected lands, including Conservation measures provided to The Act and its implementing State and TNCH reserves. Small species listed as endangered or regulations set forth a series of general population size has therefore become a threatened under the Act include prohibitions and exceptions that apply primary and immediate threat to this recognition, recovery actions, to endangered plants. All prohibitions species, and given the current size and requirements for Federal protection, and of section 9(a)(2) of the Act, composition of the population, we do prohibitions against certain practices. implemented by 50 CFR 17.61, apply. not foresee the likelihood of this threat Recognition through listing results in These prohibitions, in part, make it lessening to any significant degree any public awareness and conservation by illegal for any person subject to the time in the near future. Federal, State, and local agencies, jurisdiction of the United States to private organizations, and individuals. import or export, transport in interstate Conclusion and Determination The Act encourages cooperation with or foreign commerce in the course of a We have carefully assessed the best the States and requires that recovery commercial activity, sell or offer for sale scientific and commercial information actions be carried out for all listed in interstate or foreign commerce, or available regarding the past, present, species. The protection measures remove and reduce to possession the and future threats to Phyllostegia required of Federal agencies and the species from areas under Federal hispida. The species’ extremely low prohibitions against certain activities jurisdiction. In addition, for plants numbers and highly restricted involving listed plants are discussed, in listed as endangered, the Act prohibits geographic range make it particularly part, below. the malicious damage or destruction on susceptible to extinction at any time Section 7(a) of the Act, as amended, areas under Federal jurisdiction and the from random events such as hurricanes requires Federal agencies to evaluate removal, cutting, digging up, or (Factor E). In addition, the lack of their actions with respect to any species damaging or destroying of such plants mature reproductive individuals poses that is proposed or listed as endangered in knowing violation of any State law or an immediate threat to the species or threatened and with respect to its regulation, including State criminal (Factor E). Although the species is critical habitat, if any is designated. trespass law. Certain exceptions to the found on protected lands with ongoing Regulations implementing this prohibitions apply to agents of the management efforts, as described above, interagency cooperation provision of the Service and State conservation agencies. we find that it nonetheless faces Act are codified at 50 CFR part 402. Although Hawaii has a strong continuing threats from habitat Section 7(a)(4) of the Act requires Endangered Species law (HRS, Sect. destruction and degradation due to feral Federal agencies to confer with the 195-D), Phyllostegia hispida is not pig activity and invasive nonnative Service on any action that is likely to currently protected under that law. plants (Factor A), competition with jeopardize the continued existence of a Federal listing of P. hispida will nonnative plant species (Factor A), and species proposed for listing or result in automatically invoke State listing under predation by nonnative mammals destruction or adverse modification of Hawaii’s Endangered Species law and

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supplement the protection available prohibition against Federal agencies the best scientific data available. They under other State laws. The Federal carrying out, funding, or authorizing the require our biologists, to the extent Endangered Species Act will, therefore, destruction or adverse modification of consistent with the Act and with the use offer additional protection to this critical habitat. Section 7(a)(2) of the Act of the best scientific data available, to species. requires consultation on Federal actions use primary and original sources of The Act and 50 CFR 17.62 also that may affect critical habitat. The information as the basis for provide for the issuance of permits to designation of critical habitat does not recommendations to designate critical carry out otherwise prohibited activities affect land ownership or establish a habitat. involving endangered plants under refuge, wilderness, reserve, preserve, or When we are determining which areas certain circumstances. Such permits are other conservation area. Such should be designated as critical habitat, available for scientific purposes and to designation does not allow the our primary source of information is enhance the propagation or survival of government or public to access private generally the information developed the species. We anticipate that the only lands. Such designation does not during the listing process for the permits that would be sought or issued require implementation of restoration, species. Additional information sources for Phyllostegia hispida would be in recovery, or enhancement measures by may include the recovery plan for the association with recovery efforts, as this private landowners. Where a landowner species, articles in peer-reviewed species is not common in cultivation or requests Federal agency funding or journals, conservation plans developed the wild. Requests for copies of the authorization for an action that may by States and counties, scientific status regulations regarding listed species and affect a listed species or critical habitat, surveys and studies, biological inquiries about prohibitions and permits the consultation requirements of section assessments, or other unpublished may be addressed to U.S. Fish and 7(a)(2) of the Act would apply, but even materials and expert opinion or Wildlife Service, Ecological Services, in the event of a destruction or adverse personal knowledge. Eastside Federal Complex, 911 N.E. 11th modification finding, the landowner’s Prudency Determination Avenue, Portland, OR 97232-4181 obligation is not to restore or recover the (telephone 503-231-6158; facsimile 503- species, but to implement reasonable Section 4(a)(3) of the Act, as 231-6243). and prudent alternatives to avoid amended, and implementing regulations destruction or adverse modification of (50 CFR 424.12), require that, to the Critical Habitat critical habitat. maximum extent prudent and Critical habitat is defined in section 3 For inclusion in a critical habitat determinable, the Secretary designate of the Act as: designation, the habitat within the critical habitat at the time a species is (1) The specific areas within the geographical area occupied by the determined to be endangered or geographical area occupied by the species at the time of listing must threatened. Our regulations (50 CFR species, at the time it is listed in contain the physical and biological 424.12(a)(1)) state that the designation accordance with the provisions of features essential to the conservation of of critical habitat is not prudent when section 4 of the Act, on which are found the species, and be included only if one or both of the following situations those physical or biological features those features may require special exist: (1) The species is threatened by (a) Essential to the conservation of the management considerations or taking or other human activity, and species and protection. Critical habitat designations identification of critical habitat can be (b) Which may require special identify, to the extent known using the expected to increase the degree of threat management considerations or best scientific data available, habitat to the species, or (2) such designation of protections; and areas that provide essential life cycle critical habitat would not be beneficial (2) Specific areas outside the needs of the species (i.e., areas on which to the species. geographical area occupied by a species are found the primary constituent There is no documentation that at the time it is listed in accordance elements (PCEs) laid out in the Phyllostegia hispida is threatened by with the provisions of section 4 of the appropriate quantity and spatial taking or other human activity. In the Act, upon a determination by the arrangement for the conservation of the absence of finding that the designation Secretary of the Interior that such areas species). Under the Act, we can of critical habitat would increase threats are essential for the conservation of the designate critical habitat in areas to a species, if there are any benefits to species. outside the geographical area occupied a critical habitat designation, then a Conservation, as defined under by the species at the time it is listed prudent finding is warranted. The section 3 of the Act, means to use and only when we determine that those potential benefits include: (1) Triggering the use of all methods and procedures areas are essential for the conservation consultation under section 7 of the Act, which are necessary to bring any of the species. for actions in which there may be a endangered or threatened species to the Section 4 of the Act requires that we Federal nexus where it would not point at which the measures provided designate critical habitat on the basis of otherwise occur because, for example, under the Act are no longer necessary. the best scientific and commercial data the area is or has become unoccupied or Such methods and procedures include, available. Further, our Policy on the occupancy is in question; (2) but are not limited to, all activities Information Standards Under the focusing conservation activities on the associated with scientific resources Endangered Species Act (published in most essential features and areas; (3) management such as research, census, the Federal Register on July 1, 1994 (59 providing educational benefits to State law enforcement, habitat acquisition FR 34271)), the Information Quality Act or county governments or private and maintenance, propagation, live (section 515 of the Treasury and General entities; and (4) preventing people from trapping, and transplantation, and, in Government Appropriations Act for causing inadvertent harm to the species. the extraordinary case where population Fiscal Year 2001 (Pub. L. 106-554; H.R. The primary regulatory effect of a pressures within a given ecosystem 5658)), and our associated Information critical habitat designation is the section cannot be otherwise relieved, may Quality Guidelines issued by the 7(a)(2) requirement that Federal include regulated taking. Service, provide criteria, establish agencies refrain from taking any action Critical habitat receives protection procedures, and provide guidance to that destroys or adversely affects critical under section 7 of the Act through the ensure that our decisions are based on habitat. At present, the only known

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extant individuals of Phyllostegia we consider those physical and reproduce successfully in the wild. The hispida occur on State and private land, biological features essential to the poor viability of the P. hispida and all previously known occurrences conservation of the species that may occurrences observed in recent years have been on State and private lands. require special management indicates that current conditions are not However, the State-owned Puu Alii considerations or protection. We sufficient to meet the basic biological NAR falls within the boundaries of the consider the physical or biological requirements of this species. Although Kalaupapa National Historic Park, and features to be the PCEs laid out in the two mature plants that are producing the National Park Service may need to appropriate quantity and spatial fruits were recently discovered, there consult with the Service in the future arrangement for the conservation of the has yet to be an observation of an should they determine that actions they species. The PCEs include, but are not individual or population of P. hispida intend to fund, carry out, or authorize limited to: that has successfully produced within the NAR may affect P. hispida or (1) Space for individual and destroy or adversely affect critical population growth and for normal surviving young in the wild. As the habitat. In addition, lands that may be behavior; successful survival and reproduction of designated as critical habitat in the (2) Food, water, air, light, minerals, or the species in the wild has not yet been future for this species may be subject to other nutritional or physiological documented, the optimal conditions Federal actions that trigger the section 7 requirements; that would provide the biological or consultation requirement, such as the (3) Cover or shelter; ecological requisites of the species are granting of Federal monies for (4) Sites for breeding, reproduction, not known. Although, as described conservation projects or the need for and rearing (or development) of above, we can surmise that habitat Federal permits for projects, such as the offspring; and degradation from a variety of factors has construction and maintenance of (5) Habitats that are protected from contributed to the decline of the species, boardwalks and bridges subject to disturbance or are representative of the we do not know specifically what section 404 of the Clean Water Act (33 historical geographical and ecological essential physical or biological features distributions of a species. U.S.C. 1344 et seq.). There may also be of that habitat are currently lacking for some educational or informational We are currently unable to identify the primary constituent elements for P. hispida. As we are unable to identify benefits to the designation of critical the physical and biological features habitat. Educational benefits include the Phyllostegia hispida, because those physical and biological features that are essential to the conservation of P. notification of land owners, land hispida, we are unable to identify areas managers, and the general public of the essential to the conservation of this species are not known at this time. As that contain these features and that importance of protecting the habitat of might qualify for designation as critical this species. In the case of P. hispida, discussed in the ‘‘Species Information’’ habitat. these aspects of critical habitat section of this rule, between the years designation would potentially benefit 1910 and 1996 only 10 occurrences of Although we have determined that the conservation of the species. P. hispida were documented, and the the designation of critical habitat is Therefore, since we have determined location information for these prudent for Phyllostegia hispida, the that the designation of critical habitat occurrences was recorded at a relatively biological needs of the species are not will not likely increase the degree of coarse scale. Elevations are known only sufficiently well known to permit threat to the species and may provide for the few individuals discovered identification of the physical and some measure of benefit, we find that within the last 10 years. From 1996 biological features that may be essential designation of critical habitat is prudent through 2005, a total of only 6 plants (3 for the conservation of the species, or adults, 2 seedlings, and 1 juvenile) were for P. hispida. those areas essential to the conservation located, all existing only as single of the species. Therefore, we find that Critical Habitat Determinability individuals in disparate locations. All of the previously known adults died critical habitat for P. hispida is not As stated above, section 4(a)(3) of the determinable at this time. The recent Act requires the designation of critical without reproducing naturally in the outplanting of more than 200 new habitat concurrently with the species’ wild. Currently, there are 24 individuals seedlings into the Kamakou Preserve listing ‘‘to the maximum extent prudent known to naturally exist in the wild, and determinable.’’ Our regulations at only 2 of which are mature. Seeds and presents us with an opportunity to 50 CFR 424.12(a)(2) state that critical cuttings have been removed from these study the growth of these plants and habitat is not determinable when one or two individuals for attempted better determine the physical and both of the following situations exist: cultivation (Oppenheimer 2008b). As of biological features that may be essential (i) Information sufficient to perform April 2008, an additional 214 for the conservation of the species. We required analyses of the impacts of the individuals produced from cuttings and intend to use the iterative information designation is lacking, or outplanted into exclosures in Kamakou gained from this continuing research (ii) The biological needs of the species Preserve are also extant. into the essential life history are not sufficiently well known to The reasons for the deaths of the requirements of P. hispida to facilitate permit identification of an area as Phyllostegia hispida individuals identification of essential features and critical habitat. summarized in the ‘‘Species areas. In addition, we will evaluate the When critical habitat is not Information’’ section of this rule are needs of P. hispida within the ecological determinable, the Act provides for an unknown, as are the reasons for poor context of the broader ecosystem in additional year to publish a critical natural reproduction in the wild. Key which it occurs, similar to the approach habitat designation (16 U.S.C. features of the plant’s life history, such that was recently proposed for 47 1533(b)(6)(C)(ii)). as longevity, dispersal mechanisms, or species endemic to the island of Kauai In accordance with section 3(5)(A)(i) vectors for pollination, are unknown. (October 21, 2008; 73 FR 62592), and of the Act and regulations at 50 CFR With so few recorded occurrences of 424.12, in determining which areas the species, little is known of will consider the utility of using this occupied by the species at the time of Phyllostegia hispida in terms of what approach for this species as well. listing to designate as critical habitat, this plant needs to survive and

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Required Determinations be prepared in connection with recordkeeping requirements, Paperwork Reduction Act of 1995 (44 regulations adopted under section 4(a) Transportation. U.S.C. 3501 et seq.) of the Act. We published a notice outlining our reasons for this Regulation Promulgation This rule does not contain any new determination in the Federal Register ■ collections of information that require on October 25, 1983 (48 FR 49244). Accordingly, we amend part 17, approval by Office of Management and subchapter B of chapter I, title 50 of the Budget (OMB) under the Paperwork References Cited Code of Federal Regulations, as follows: Reduction Act. This rule will not A complete list of all references cited impose recordkeeping or reporting in this rule is available on the Internet PART 17—[AMENDED] requirements on State or local at http://www.regulations.gov or upon ■ 1. The authority citation for part 17 governments, individuals, businesses, or request from the Field Supervisor, continues to read as follows: organizations. An agency may not Pacific Islands Fish and Wildlife Office conduct or sponsor, and a person is not (see FOR FURTHER INFORMATION CONTACT). Authority: 16 U.S.C. 1361-1407; 16 U.S.C. required to respond to, a collection of 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- information unless it displays a Author(s) 625, 100 Stat. 3500; unless otherwise noted. currently valid OMB control number. The primary authors of this document ■ 2. Amend §17.12(h) by adding the are the staff members of the Pacific following entry to the List of National Environmental Policy Act Islands Fish and Wildlife Office, U.S. Endangered and Threatened Plants in We have determined that Fish and Wildlife Service (see alphabetical order under ‘‘Flowering environmental assessments and ADDRESSES). Plants’’: environmental impact statements, as defined under the authority of the List of Subjects in 50 CFR Part 17 § 17.12 Endangered and threatened plants. National Environmental Policy Act of Endangered and threatened species, * * * * * 1969 (42 U.S.C. 4321 et seq.), need not Exports, Imports, Reporting and (h) * * *

Species Historic range Family Status When listed Critical habitat Special rules Scientific name Common name

FLOWERING PLANTS *******

Phyllostegia None U.S.A. (HI) Lamiaceae E 762 NA NA hispida

******* Maine through North Carolina for the vessels and dealer permit holders that Dated: March 4, 2009. Winter I period. Regulations governing the commercial scup possession limit Rowan W. Gould, the scup fishery require publication of will be reduced once 80 percent of the this notification to advise the coastal Acting Director, U.S. Fish and Wildlife Winter I Period quota is projected to be Service. states from Maine through North harvested. Based upon recent Carolina that 80 percent of the [FR Doc. E9–5348 Filed 3–16–09; 8:45 am] projections, the Regional Administrator commercial quota allocated to the BILLING CODE 4310-55-S anticipates that 80 percent of the Winter I period is projected to be Federal commercial quota of 3,777,443 harvested and to announce that the lb (1,713 mt) for the 2009 Winter I possession limit for a Federal vessel DEPARTMENT OF COMMERCE period will be harvested by March 19, permit holder is reduced. 2009. Therefore, to maintain the National Oceanic and Atmospheric DATES: Effective 0001 hours, March 19, integrity of the 2010 Winter I period Administration 2009, through April 30, 2009. quota by avoiding quota overages, the FOR FURTHER INFORMATION CONTACT: commercial scup possession limit will 50 CFR Part 648 Emily Bryant, Fishery Management be reduced from 30,000 lb (13,608 kg) to Specialist, (978) 281–9244. [Docket No. 0809251266–81485–02] 1,000 lb (454 kg) of scup per trip. This SUPPLEMENTARY INFORMATION: possession limit will remain in effect RIN 0648–XN60 Regulations governing the scup fishery until the end of the Winter I period are found at 50 CFR part 648. The Fisheries of the Northeastern United (through April 30, 2009) or until the regulations at § 648.120(c) require the States; Scup Fishery; Reduction of Winter I quota allocation has been fully Northeast Regional Administrator to Winter I Commercial Possession Limit harvested, which ever occurs first. publish annual scup quota allocations AGENCY: National Marine Fisheries and the percentage of landings attained Classification during the Winter I period at which the Service (NMFS), National Oceanic and This action is required by 50 CFR part possession limits would be reduced. On Atmospheric Administration (NOAA), 648 and is exempt from review under January 2, 2009, NMFS published the Commerce. Executive Order 12866. ACTION: Temporary rule; inseason final rule for the summer flounder, adjustment. scup, and black sea bass specifications Authority: 16 U.S.C. 1801 et seq. in the Federal Register (74 FR 29). This SUMMARY: NMFS announces the final rule requires NMFS to publish a reduction of the scup coastwide notification in the Federal Register commercial possession limit from advising and notifying commercial

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