Vol. 77 Tuesday, No. 181 September 18, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for 23 Species on Oahu and Designation of Critical Habitat for 124 Species; Final Rule VerDate Mar<15>2010 18:28 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18SER2.SGM 18SER2 tkelley on DSK3SPTVN1PROD with RULES2 57648 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR preamble or at http://www.regulations. by nonnative pigs, goats, rats, and gov. invertebrates; and predation on the Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: three damselflies by nonnative fish, Loyal Mehrhoff, Field Supervisor, bullfrogs, and ants. 50 CFR Part 17 • Pacific Islands Fish and Wildlife Office Some of the plant species face the (see ADDRESSES above). If you use a additional threat of trampling. [Docket No. FWS–R1–ES–2010–0043: • The inadequacy of existing 4500030114] telecommunications device for the deaf (TDD), you may call the Federal regulatory mechanisms (specifically, RIN 1018–AV49 Information Relay Service (FIRS) at inadequate protection of habitat and 800–877–8339. inadequate protection from the introduction of nonnative species) poses Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: and Plants; Endangered Status for 23 a current and ongoing threat to all 23 Species on Oahu and Designation of Executive Summary species. • Critical Habitat for 124 Species Why we need to publish a rule. This There are current and ongoing is a final rule to list 23 species as threats to nine plant species and the AGENCY: Fish and Wildlife Service, endangered under the Act, including 20 three damselflies due to factors Interior. native Hawaiian plant species and 3 associated with small numbers of ACTION: Final rule. Hawaiian damselflies. In addition, the populations and individuals. • rule designates critical habitat for these The three damselflies face further SUMMARY: We, the U.S. Fish and threats from the loss of native host Wildlife Service (Service), list 23 23 species, critical habitat for 2 additional plant species that are already plants, from habitat degradation and species on the island of Oahu in the loss due to agriculture and urban Hawaiian Islands as endangered under listed as endangered, and revised critical habitat for 99 plant species that development, from stream diversion and the Endangered Species Act of 1973, as channelization, and by dewatering of amended (Act). We also designate are already listed as endangered or threatened. These species are on the aquifers. 42,804 acres (17,322 hectares) as critical • island of Oahu, in the Hawaiian Islands. These threats are exacerbated by habitat. This designation includes these species’ inherent vulnerability to critical habitat for these 23 species, 2 In this final rule, we also recognize taxonomic revision of the scientific extinction from stochastic events at any plant species that are already listed as time because of their endemism, small endangered, and revised critical habitat names of nine plant species and revise the List of Endangered and Threatened numbers of individuals and for 99 plant species that are already populations, and restricted habitats. listed as endangered or threatened. In Plants accordingly. The basis for our action. Under the This rule designates critical habitat this final rule we are also recognizing Endangered Species Act, we determine for 25 species and revises critical taxonomic revision of the scientific that a species is endangered or habitat for 99 species. Under section names of nine plant species and revising threatened based on any of five factors: 4(b)(2) of the Act, we are required to the List of Endangered and Threatened (A) The present or threatened designate critical habitat based on the Plants accordingly. This final rule will destruction, modification, or best scientific data available and after implement the Federal protections curtailment of its habitat or range; (B) taking into consideration the economic provided by the Act. overutilization for commercial, impact and other relevant impacts of an DATES: This rule becomes effective on recreational, scientific, or educational area being considered for designation. October 18, 2012. purposes; (C) disease or predation; (D) The Secretary (of the Interior) may ADDRESSES: This final rule and final the inadequacy of existing regulatory exclude an area from critical habitat if economic analysis are available on the mechanisms; or (E) other natural or the benefits of exclusion outweigh the Internet at http://www.regulations.gov. manmade factors affecting its continued benefits of designation, unless the Comments and materials received, as existence. We have determined that the exclusion will result in the extinction of well as supporting documentation used 23 Oahu species are currently in danger the species. in preparing this final rule, are available of extinction throughout all their ranges, • This rule designates a total of for public inspection, by appointment, as the result of the following current 42,804 acres (ac) (17,322 hectares (ha)) during normal business hours, at the and ongoing threats: as critical habitat. Pacific Islands Fish and Wildlife Office, • All of these species face threats • We fully considered comments 300 Ala Moana Boulevard, Box 50088, from the present destruction and from the public and peer reviewers on Honolulu, HI 96850; telephone 808– modification of their habitats, primarily the proposed rule and made additional 792–9400; facsimile 808–792–9581. The from introduced ungulates, such as feral field visits, in order to refine our coordinates or plot points or both from pigs and goats, and the spread of designation and remove areas that are which the critical habitat maps were nonnative plants. not essential to the conservation of the generated are included in the • Six of these species face threats species. We found changes in land use administrative record for this critical from habitat destruction and had occurred in certain areas within the habitat designation, and are available at modification from fire. proposed critical habitat that preclude http://www.fws.gov/pacificislands, at • Fourteen species face threats from these areas from supporting the primary http://www.regulations.gov at Docket destruction and modification of their constituent elements, and that these No. FWS–R1–ES–2010–0043, and at the habitats from hurricanes, landslides, areas do not meet the definition of Pacific Islands Fish and Wildlife Office. rockfalls, and flooding. critical habitat. Any additional tools or supporting • The projected effects of climate • A total of 307 ac (124 ha) have been information that we developed for this change will likely exacerbate the effects removed in this final designation from critical habitat designation are also of the other threats to these species. the area originally proposed, as a result available at the Fish and Wildlife • There is a serious threat of of refinement in unit areas made in Service Web site and Field Office set out widespread impacts of predation and response to public comments and above, and may also be included in the herbivory on 19 of the 20 plant species additional field visits. These areas do VerDate Mar<15>2010 18:28 Sep 17, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\18SER2.SGM 18SER2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 57649 not meet the definition of critical published on that date. Publication of actions at the ecosystem scale, to habitat. the proposed rule opened a 60-day enhance or restore critical ecological • In addition, Department of Defense comment period, which closed on processes and provide for long-term lands on Naval Station Pearl Harbor October 3, 2011. In addition, we viability of those species in their native Lualualei Branch (NAVMAG PH published a public notice of the environment. Thus, by taking this Lualualei) and Naval Radar Transmittal proposed rule on August 6, 2011, in the approach, we hope not only to organize Facility at Lualualei (NRTF Lualualei) local Honolulu Star Advertiser this rule efficiently, but also to more (380 acres; 154 hectares) with a newspaper. On April 12, 2012 (77 FR effectively focus conservation completed and effective integrated 21936) we made available the draft management efforts on the common natural resource management plan economic analysis (DEA) on proposed threats that occur across these (INRMP) have been exempted from this critical habitat designation, and opened ecosystems, restore ecosystem final designation under section 4(a)(3) of a 30-day comment period on the DEA, functionality for the recovery of each the Act. as well as reopened the comment period species, and provide conservation • All lands being designated as on the entire August 2, 2011 proposed benefits for associated native species, critical habitat are either (1) currently rule (76 FR 46362). This second thereby potentially precluding the need considered to be occupied by one or comment period closed on May 14, to list other species under the Act (16 more of the 124 species, and contain 2012. U.S.C. 1531 et seq.) that occur in these physical or biological features essential Background shared ecosystems. to the conservation of the species by We are listing Bidens amplectens, supporting the life-history needs of the An Ecosystem-Based Approach To Cyanea calycina, Cyanea lanceolata, species and that may require special Listing 23 Species on Oahu Cyanea purpurellifolia, Cyrtandra management, or (2) areas outside the On the island of Oahu, as on most of gracilis, Cyrtandra kaulantha, geographical areas occupied by the the Hawaiian Islands, native species Cyrtandra sessilis, Cyrtandra waiolani, species at the time of listing, which the that occur in the same habitat types Doryopteris takeuchii, Korthalsella Secretary has determined are essential (ecosystems) depend on many of the degeneri, Melicope christophersenii, for the conservation of the species.